[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. Con. Res. 79 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
S. CON. RES. 79

Expressing the sense of Congress that Elian Gonzalez should be reunited 
                with his father, Juan Gonzalez of Cuba.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 26, 2000

Mr. Dodd (for himself, Mrs. Boxer, Mrs. Feinstein, Mr. Durbin, and Mr. 
    Leahy) submitted the following concurrent resolution; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                         CONCURRENT RESOLUTION


 
Expressing the sense of Congress that Elian Gonzalez should be reunited 
                with his father, Juan Gonzalez of Cuba.

Whereas Elian Gonzalez, a 6-year-old citizen of Cuba, lost his mother in a 
        tragic boat accident and floated alone for days in treacherous 
        conditions off the coast of Florida;
Whereas Elian Gonzalez was found November 25, 1999, alive but physically and 
        emotionally drained, brought ashore and examined at a hospital, and 
        released temporarily by the Immigration and Naturalization Service (INS) 
        into the care of his great-uncle and cousins in the Miami area while it 
        evaluated his case;
Whereas the natural father and sole surviving parent of Elian Gonzalez, Juan 
        Gonzalez of Cuba, has repeatedly requested that the United States 
        Government return his son to him immediately;
Whereas the President rightly determined that the fate of Elian Gonzalez should 
        be determined by United States statutes and regulations related to 
        immigration cases involving children;
Whereas the INS, after interviewing Juan Gonzalez twice in Cuba and carefully 
        reviewing all relevant laws, rules, and evidence, correctly determined 
        on January 5, 2000, that Juan Gonzalez is a caring and involved father, 
        that Elian Gonzalez faces no credible threat of political persecution if 
        returned to his father, and as a result, that Juan Gonzalez possesses 
        the sole authority of speaking for Elian Gonzalez regarding his son's 
        immigration status in the United States under Federal immigration law 
        and universally accepted legal norms;
Whereas the INS resolved to return Elian to Cuba by January 14, 2000, to live 
        with his father Juan Gonzalez, in accordance with his father's request;
Whereas on January 12, 2000, the Attorney General fully supported the INS 
        ruling, reaffirmed INS jurisdiction over the matter, and said that a 
        decision by a Florida State court judge granting temporary custody of 
        Elian Gonzalez to his relatives in Miami, establishing a March 6, 2000, 
        date for a hearing on permanent custody, and calling for the father's 
        presence at that hearing had no force and effect;
Whereas only the Federal courts have the jurisdiction to review the Attorney 
        General's decision;
Whereas what Elian Gonzalez needs most at this time is to be with the father and 
        both set of grandparents who raised him so that he can begin the process 
        of grieving for his mother, in peace;
Whereas despite the existence of important political disagreements between the 
        Governments of the United States and Cuba, these differences should not 
        interfere with the right to privacy of a 6-year-old child or his sacred 
        bond with his father; and
Whereas any unusual or inappropriate changes to immigration law made by Congress 
        to naturalize a minor without the parents' consent would have the effect 
        of encouraging parents in other nations to risk the lives of their 
        children under the false hope that they might receive special treatment 
        outside standard channels for legal immigration: Now, therefore, be it
    Resolved by the Senate (the House of Representatives concurring), 
That it is the sense of the Congress that--
            (1) Congress should not interfere with normal immigration 
        proceedings by taking any unusual or inappropriate legislative 
        measures designed to delay the reunification of Elian and Juan 
        Gonzalez; and
            (2) the Immigration and Naturalization Service should 
        proceed with its original decision to return Elian Gonzalez to 
        his father, Juan Gonzalez, in Cuba and take all necessary steps 
        to reunify Elian Gonzalez with his father as soon as possible.
                                 <all>