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ACFC, The Group Who Filed Elian Gonzalez Brief, Supports INS Decision
WASHINGTON, Jan. 7 /PRNewswire/ -- The American Coalition for Fathers and
Children (ACFC) is the organization that filed the amicus brief on December
20, 1999 with the INS seeking Elian Gonzalez's return to his father.
The INS, Janet Reno, and President Clinton have made statements that are
consistent with the ideas presented in the ACFC legal brief which is available
through ACFC at 1-800-978-3237. ACFC is pleased with their decision and
supports Elian Gonzalez being returned to his father. The ACFC position
statement by David A. Roberts, ACFC President, and Jeffery Leving Esq., ACFC
Legal Advisor who had the amicus brief filed, follows:
"Fundamental principles of justice, the laws of the United States,
international law, and common decency, all call for Elian Gonzalez to be
returned to his father, Juan Gonzalez. A growing majority of the American
people and world opinion support this position, and we believe that it should
happen as soon as possible.
On November 22, 1999, six year old Elian Gonzalez was taken by his mother
and her boyfriend on a dangerous journey from Cuba to the United States that
ended in tragedy when the overloaded boat sank, and Elian's mother and other
adults drowned. Elian was rescued two days later clinging to an inner tube in
the sea off Miami. His mothers motives may have been laudable, but Elian was
taken without his fathers knowledge or consent, even though his father has
joint custody.
By all accounts, Juan is a devoted father, caring for his son during days
when his mother worked, and involved with Elian in his school activities.
Elian also has equally devoted grandparents, a stepmother, and half sister in
Cuba. Elian has captured the hearts of the entire Cuban people, and there is
simply no reason to think he would lack for anything if returned. His father
has consistently demanded his return, and has firmly indicated that he does
not wish to reside in the United States.
While the motives of those seeking political asylum for Elian in the
United States may be laudable, Elian does not qualify for such status. There
is no reason to think that he would be subject to political persecution,
imprisonment, torture or threats to his life. Case law specifically excludes
a lower economic standard as grounds for asylum unless it is so severe as to
threaten life or freedom, and no such threat exists. But more important, now
that Juan has been confirmed as the father, no person in the United States has
legal standing to bring a case for asylum for Elian.
The Cuban exile community is divided on this issue of Elian's return home.
Some feel that political issues of the cold war should take precedence, while
others feel that this should not be allowed to interfere with the relationship
of a father and son. We would hope that Cuban exiles seeking to keep Elian
here would consider that they are losing ground with the American public,
which sees this differently. Insofar as they are opposed to Fidel Castro,
they might also consider that Fidel has had rallies of millions on this issue,
bigger than any in forty years. From this perspective, it was a serious
mistake not to have returned Elian immediately. Whatever you think of Castro,
for all practical purposes he is now guaranteed to remain in power in Cuba for
the rest of his life. The longer this situation continues, the stronger his
position will become.
Several U.S. Senators have proposed granting citizenship to Elian as a way
of ensuring that he could eventually return here as an adult if he wished to.
We support this proposal if it could be helpful in allaying the concerns of
the Cuban exile community. The Cold War is over. We hope that U.S.-Cuban
relations can be normalized, and all restrictions on travel between Cuba and
the United States eliminated, long before Elian reaches adulthood. In any
case, we see no reason why Elian's return should be delayed pending action by
Congress.
We believe that at this point, both the legal and the political arguments
point to the return of Elian to his father as soon as possible. But if that
is not enough, we ask all sides of this controversy to consider this. Elian
has been told that he is 'on vacation' right now. His American relatives let
him talk on the phone to his father, and he talks excitedly about all his new
toys. But conversations have ended when Elian starts crying and asks, 'When
can I come home?' Those who still do not know what to do should hear the
cries of a little boy who misses his father."
SOURCE American Coalition for Fathers and Children
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