[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 480 Introduced in House (IH)]







106th CONGRESS
  2d Session
H. RES. 480

Urging the Attorney General to take no irrevocable action with respect 
 to Elian Gonzalez until a hearing concerning an asylum application is 
                                 held.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 13, 2000

 Mr. Shadegg submitted the following resolution; which was referred to 
                     the Committee on the Judiciary

_______________________________________________________________________

                               RESOLUTION


 
Urging the Attorney General to take no irrevocable action with respect 
 to Elian Gonzalez until a hearing concerning an asylum application is 
                                 held.

Whereas the mother of Elian Gonzalez sacrificed her life in fleeing Cuba to 
        bring her son to a free country;
Whereas on November 25, 1999, Elian was rescued at sea by a Florida fisherman 
        and the following day the Immigration and Naturalization Service paroled 
        Elian into the care of his great-uncle, Lazaro Gonzalez;
Whereas on December 1, 1999, the Immigration and Naturalization Service stated: 
        ``Although INS has no role in the family custody decision process, we 
        have discussed this case with the State of Florida officials who have 
        confirmed that the issue of legal custody must be decided by its State 
        court. However, Elian will remain in the U.S. until the issues 
        surrounding his custody are resolved. If Elian's family is unable to 
        resolve the question of his custody, it is our understanding that the 
        involved parties will have to file in Florida family court. Either 
        Elian's father in Cuba or his U.S.-based family members may initiate 
        proceedings. Once proceedings have been initiated, it is likely that the 
        court will appoint a guardian ad litem, i.e., someone who will 
        specifically represent Elian's interests in the custody determination 
        process.'';
Whereas on December 15, 1999, Elian Gonzalez filed an application for asylum 
        under section 208 of the Immigration and Nationality Act, which provides 
        that ``any person'' can file such an application;
Whereas on January 5, 2000, the Immigration and Naturalization Service announced 
        that Elian's asylum application was being withdrawn at the request of 
        his father in Cuba, without a hearing either on the merits of the asylum 
        application or on who should represent Elian in the asylum case;
Whereas on January 10, 2000, the Florida State court with jurisdiction over 
        child custody cases granted temporary legal custody of Elian to his 
        great-uncle, Lazaro Gonzalez, finding that the petition for custody 
        contained ``sufficient verified allegations that, if emergency relief is 
        not granted and Elian is returned to Cuba, he would be subjected to 
        imminent and irreparable harm, including loss of due process rights and 
        harm to his physical and mental health and emotional well-being'';
Whereas on January 11, 2000, Lazaro Gonzalez filed for political asylum on 
        Elian's behalf and the Immigration and Naturalization Service 
        subsequently rejected this application for asylum, again without a 
        hearing;
Whereas on January 19, 2000, Elian Gonzalez filed a civil action in Federal 
        court asserting that section 208 of the Immigration and Nationality Act 
        guarantees ``any person'' the right to apply for asylum, that the 
        Immigration and Naturalization Service lacked the authority to reject 
        his applications for asylum, and that the agency was required to 
        adjudicate his asylum applications;
Whereas in March 2000, the Federal court ruled that the Attorney General has 
        discretion either to accept or to reject Elian's applications for 
        asylum;
Whereas in March 2000, Elian Gonzalez filed an emergency motion for an expedited 
        appeal which was accepted by the Federal appeals court;
Whereas the case before the Federal court is limited to whether the Attorney 
        General had discretion to reject Elian's asylum cases, and will not 
        include a determination on the merits of his asylum claim or on whether 
        it would be in ``the best interest of the child'' to remain in the 
        United States or to return to Cuba;
Whereas the Attorney General's decision to allow Elian's father to withdraw his 
        asylum application was taken after an interview with the father in Cuba, 
        but without any contact with Elian himself on the part of Department of 
        Justice officials;
Whereas the Attorney General has requested that Elian's temporary legal 
        custodian and other family members meet with three ``psychological 
        experts'' designated by the Attorney General, but only for the purpose 
        of determining how to transfer custody of Elian to his father, not for 
        the purpose of considering how such a transfer would affect Elian's 
        mental and physical health;
Whereas up to the present time no court has held a final hearing on the question 
        of the best interest of the child;
Whereas such a hearing is necessary to resolve important disputed questions of 
        fact, including whether Elian, if he were to return to Cuba, would be in 
        the care and custody of his father or of the Cuban Government, and to 
        determine on the basis of such facts whether this case is an exception 
        to the general rule that it is in a child's best interest to be in the 
        custody of his surviving natural parent; and
Whereas a decision by the Attorney General to return Elian to Cuba would be 
        irrevocable for as long as the present government of Cuba is in power: 
        Now, therefore, be it
    Resolved, That the House of Representatives urges the Attorney 
General of the United States to take no irrevocable action with respect 
to Elian Gonzalez until a hearing is held to determine whether 
authorizing Elian Gonzalez to file an application for asylum is in his 
best interest.
                                 <all>