Published Friday, May 5, 2000, in the Miami Herald
Cuban diplomats visit Elian at plantation
By Frances Robles. frobles@herald.com
WASHINGTON -- At least two dozen Cuban diplomats, their spouses, kids and aides have logged visits to Elian Gonzalez since he moved with his dad to a rural Maryland plantation last week.
Records obtained by The Herald show 10 Cuban government officials -- including some of the country's highest ranking officers -- accompanied Elian and his father Juan Miguel to the Wye River Plantation the day they moved there. Subsequent excursions by more than 10 others were reported to the
U.S. State Department, which said that at least two Interests Section officers visit daily.
On Saturday, eight children of Cuban diplomats visited Elian, along with the Interests Section's chief, Fernando Remirez. On Sunday, another diplomat brought two daughters and another friend.
The visits have angered the Miami relatives of Elian, who say they believe the Cubans are engaged in brainwashing the boy. Juan Miguel's lawyer, Gregory Craig, did not return phone calls but has previously labeled such allegations ``silly.''
U.S. government officials defended the visits Thursday, saying it is perfectly logical for someone engaged in protracted legal battles in a foreign country to have contact with his government's representatives.
COFFEY COMPLAINS
Gonzalez family attorney Kendall Coffey complained about the visits in a letter to the Department of Justice, accusing the INS of conspiring to reprogram the first-grader. His clients have not been permitted to visit Elian.
``The INS' complicity in the current phase of Elian's indoctrination is profoundly disturbing,'' Coffey wrote.
Elian and his father Juan Miguel moved to the Wye Plantation in rural Maryland on April 25. They were joined days later by a Cuban teacher, schoolchildren, and a doctor who brought antibiotics and antidepressants on the voyage. The drugs were seized at Dulles Airport by U.S. Customs agents, who
gave Dr. Caridad Ponce de Leon a receipt in case she wants the medications back.
Members of Congress are aware of the diplomats' visits because of a federal law which requires Cuban officers to report each time they travel more than 25 miles from the nation's capital. The State Department in turn shares the log with select members of Congress on the condition the information
be considered classified.
Cuban Interests Section spokesman Luis Fernandez could not be reached for comment Thursday; telephones there went unanswered.
A State Department official said the visits have been routine, and are often simply an Interests Section chauffeur bringing supplies. None of the diplomats have stayed overnight. On Monday, Wednesday and Thursday, two visited; Tuesday, one.
``They are staying in a place that doesn't come with food. They don't speak English, and none of these people have a driver's license in this country,'' the official said. ``They come from a place that doesn't have pilots on their stove. Clearly, they are in need of some assistance.''
VISITORS RESTRICTED
A U.S. Marshals spokeswoman said only visitors with prior approval from Craig are allowed in to the Wye Plantation to see the family.
``We don't keep track of who is going in and out, the same way we didn't keep track of who was in and out of Lazaro Gonzalez's house,'' INS spokeswoman Maria Cardona said. ``It would be unrealistic for anyone to think Juan Miguel would have zero contact with officials from his own government. It
doesn't concern us. They're not staying overnight and they are not on diplomatic soil.''
A federal court has ordered that Elian not be taken to any place with diplomatic immunity.
``It's not really our place to say who can come see him and who may not,'' said Justice Department spokeswoman Carole Florman. ``Based on the very little I know, the only thing this child is being reintegrated into is his family's life.''
The Justice Department wrote the Gonzalez family Monday, offering for Marisleysis to meet with Elian's government psychiatrist, Dr. Paulina Kernberg, as a first step to a reunion with Elian. Attorney Manny Diaz said Thursday the family is ready to meet with the experts as early as today.
Kernberg has said previously that she would not recommend a meeting between Elian and the Miami relatives until their anger has subsided and they are resigned to Juan Miguel having custody of Elian.
Herald staff writer Jay Weaver contributed to this report.
Elian case renewed attention on children's asylum claims
By Frank Davies. fdavies@herald.com
A forum sponsored by the Carnegie Endowment for International Peace examined some of the legal and policy issues stemming from the case.
WASHINGTON -- Much of the media coverage of the Elian Gonzalez saga has stressed the melodrama, but the ``silver lining'' in the case has been a renewed focus on asylum claims and how immigration officials deal with children, said two former U.S. officials, a family law expert and a refugee
advocate Thursday.
``This is bringing some much-needed attention to the bigger picture of how children are treated,'' said Wendy Young, staff attorney for the Womens Commission for Refugee Women and Children.
``Thousands of kids enter the country each year, many are unaccompanied and most are much worse off than Elian.''
Young participated in a forum sponsored by the Carnegie Endowment for International Peace, a nonpartisan group active in immigration issues, to examine some of the legal and policy issues stemming from the Elian case.
Two other panelists, David Martin and Alexander Aleinikoff, served stints as general counsel for the Immigration and Naturalization Service. One week before the 11th Circuit Court of Appeals hears arguments on asylum issues in the case, they critiqued the INS handling of the Elian controversy,
recent court rulings and the impact on evolving asylum law.
SOME HOPE
Aleinikoff, now a Georgetown University law professor, said the 11th Circuit ruling last month that the boy must stay in the United States offered some hope to the Miami relatives, who are pressing an asylum claim for the boy against the wishes of his father, Juan Miguel Gonzalez, who wants to
return to Cuba.
``The three judges went much farther than most legal observers thought they would -- that this may be a close case on its merits,'' Aleinikoff said.
Aleinikoff and Young both noted that the Justice Department had shifted its legal strategy away from a blanket assertion that young children can never make asylum claims to a much tighter focus that its not appropriate in this case.
``We think that eligibility [to make an asylum claim] is sacrosanct, that young children should be allowed to challenge the system,'' Young said.
``Were learning that the INS is not a child welfare agency and has difficulty with these cases, though I give them credit for learning.''
DECISION `MISREAD'
Martin, a University of Virginia professor, said the 11th Circuit decision in April was ``widely misread in the press'' as a major victory for the Miami relatives, when it dealt with the narrow issue of keeping the boy in the United States during the legal process.
But he said he would not be surprised if the 11th Circuit issued another narrow decision -- that INS must consider the asylum claims advanced by the relatives. If that happens, an asylum officer would have to look at some of the issues -- conditions in Cuba, whether the father was coerced --
that the relatives made.
If the 11th Circuit rules against the relatives, expect the Supreme Court to turn down any appeal, Aleinikoff predicted.
Another panelist, Mitt Regan, a family law professor at Georgetown, defended the INS handling of the case, saying the agency did not make a mistake by not interviewing the boy.
``Through all the talk of best interests of the child, judges have held that a 6-year-old is not able to express preferences in any meaningful sort of way,'' Regan said.
Cuban-American leaders aim to separate local issues, Castro
By Alfonso Chardy. achardy@herald.com
In the aftermath of the Elian Gonzalez controversy, a group of Cuban-American business and civic leaders has begun discussing options to make sure such a trauma is not repeated, including ways to separate local politics from the 41-year-old fight against Fidel Castro.
People involved in the discussions say the priorities include healing the community and finding a way to reassure the nation that exiles are loyal Americans. The long-term objective is avoiding damage to the image of the exile community, and Miami as a whole.
But the most difficult and controversial part of the discussions is the idea of separating Cuba from local politics, a proposal that goes to the heart of the perennial exile dilemma: how to balance hatred of Castro with issues that affect the broader community.
At present, Cuban Americans running for elected office often espouse a hard-line on Havana as a way to garner votes. Whenever a major issue arises with Cuba it is not uncommon for elected officials to rush to Spanish-language radio stations to urge a tough line.
``They need to cut the nonsense from local government and fundamentally focus on providing good police protection, fill potholes on the streets, pick up the trash, fund transportation systems and leave the major foreign policy issues to policymakers in Washington,'' said Pedro Freyre, chairman
of Facts About Cuban Exiles, and one of those urging discussion of the issue.
His comments are echoed by Carlos Saladrigas, chief executive officer of ADP TotalSource and one of the negotiators who tried to forge an agreement with the government in the final hours before the federal raid that removed Elian from the home of his Miami relatives.
``Elected officials need to behave as elected officials, not as exile leaders,'' Saladrigas said.
``Good luck,'' said a skeptical Jose Basulto, leader of Brothers to the Rescue, one of the exile organizations that called for demonstrations to support Elian's Miami relatives. ``It's easier said than done. Our community is so centered on Cuban issues and elected officials depend on their votes
to get elected.''
Ramon Saul Sanchez, head of the Democracy Movement and prime promoter of street protests, welcomed the proposal but urged caution.
``In a community where the vast majority of the people are exiles, and in a country where issues -- to be effective -- must be brought forth through political channels, there will always be a need for some degree of issue integration,'' Sanchez said. ``The fundamental element is that it be done
with prudence and objectivity.''
Elian was a perfect example of how exile views sometimes clash with larger national interests. While many exiles equated turning over Elian to his father to a victory for Castro, most Americans viewed the turnover as the lawful outcome of a custody dispute.
The broad outline of a strategy for healing the community came Wednesday night during the monthly meeting of the Mesa Redonda civic group at the Biltmore Hotel in Coral Gables. The group, whose name means Round Table in Spanish, is made up of 31 high-ranking Hispanic business executives,
including Herald Publisher Alberto Ibargüen, who did not attend Wednesday's meeting because of other commitments.
The meeting was not open to news reporters. Members contacted about the meeting including the current Mesa Redonda chairman, Rene Murai, an attorney, would not comment on Wednesday's meeting.
But Freyre, who is not a Mesa Redonda member but was there as a guest, proposed a public relations plan to convey the history and achievements of exiles as one way to repair the damage of the Elian crisis.
Freyre, an attorney, is one of at least three civic and business leaders spearheading the community-healing process.
The others are Saladrigas and Carlos de la Cruz, chairman of Eagle Brands, both members of Mesa Redonda.
Freyre said Miami's image must be a top priority.
``There's definitely a risk that instability would hamper our ability to attract investors if Miami acquires the image of a chronically chaotic community,'' Freyre said before Wednesday's meeting. ``Who'd want to set up a multinational in such a place?''
Images of exiles denouncing the Elian raid as a Gestapo operation and flying the U.S. flag upside down angered many non-Cubans, some of whom now view exiles as disloyal.
Freyre says that image needs to be corrected.
``One misrepresentation has been that Cuban Americans are disloyal to the United States,'' Freyre said. ``We are not. The issue was with the Clinton Administration not the country. We are very loyal Americans. We fight in wars, we pay taxes like everybody else.''
But while repairing the exile image is a top objective, the most intriguing idea is finding a way to keep Cuba policy separate from local politics.
Citing an example, Saladrigas said that one of the ``biggest blunders'' of the Elian crisis were statements Mayors Alex Penelas of Miami-Dade and Joe Carollo of Miami made March 29 as the Justice Department intensified pressures on Miami relatives to surrender the boy.
Penelas blamed the Clinton Administration for provoking exile anger, and both he and Carollo promised their police departments would not help federal agents seize Elian.
When an assistant Miami police chief rode in a federal van during the raid, Carollo, who had not been told in advance of the raid, reacted angrily, firing the city manager. The police chief retired, and the city has been in an uproar since.
``One thing is for them to be Cuban,'' said Saladrigas, ``but another is for them to understand that their primary responsibility is to run their cities. What that means is that they have to view themselves as elected officials of an entire community.''
De la Cruz made the point that asking local elected officials to focus on their municipalities does not mean ``we are diminishing the importance of the Cuban exile cause.''
But Saladrigas also indicated that exiles in general should be more selective about when to focus on Castro.
``We don't need to swing the bat every time Castro pitches a ball,'' Saladrigas said.
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