[Congressional Record Volume 146, Number 3 (Wednesday, January 26, 2000)]
[Senate]
[Page S93]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




SENATE CONCURRENT RESOLUTION 79--EXPRESSING THE SENSE OF CONGRESS THAT 
  ELIAN GONZALEZ SHOULD BE REUNITED WITH HIS FATHER, JUAN GONZALEZ OF 
                                  CUBA

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

                            S. Con. Res. 79

       Whereas Elian Gonzalez, a 6-year citizen of Cuba, lost his 
     mother in a tragic boat accident and floating 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 sets 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.

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