[Congressional Record Volume 146, Number 38 (Thursday, March 30, 2000)]
[Senate]
[Pages S2020-S2021]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                             ELIAN GONZALEZ

  Mr. SMITH of New Hampshire. Mr. President, I want to comment for a 
moment on some of the things that happened today. Yesterday, I 
introduced legislation to provide permanent residency to Elian Gonzalez 
because I wanted to try to diffuse what I think is a very volatile 
situation in south Florida. I believe Elian Gonzalez should be allowed 
to go to custody court and allow his family--all of his family from 
Cuba, not just Juan Gonzalez--to come here so they could be free from 
any encumbrances or any threats or hostility toward them by Fidel 
Castro. They can sit down as a family, the way a family should, and try 
to work out the fate of Elian Gonzalez. If that could not be worked 
out, that it go to custody court.
  Regretfully, we couldn't get enough people to support this action. So 
we have postponed any action. Some have objected and caused a series of 
delays which did not provide the opportunity for me to have a vote here 
today, which I regret. It is my sincere hope that the Attorney General 
over the next several days will not move to do something that I think 
would be not only silly but dangerous and not in the best interests of 
Elian Gonzalez--trying to drag this boy from his home in Miami and send 
him off to Cuba.
  I believe Senators should go on record and say how they feel about 
this. I have heard some say, I don't want to be involved in a custody 
battle. I don't either. That is not the job of a Senator. We are asking 
in this resolution, not to have a Senator interfere with a custody 
battle, but to allow a custody proceeding to occur.
  Right now, this is an immigration situation. Elian Gonzalez didn't 
come here the way most people immigrate to the United States or 
immigrate into the United States. He came here floating on a raft, 
picked up by fishermen after his mother died trying to get him here to 
freedom.
  He deserves his day in court. He deserves to be heard, like any child 
in America. I want that to happen worse than anything. I want all 100 
Senators to speak on this. I hope that happens. I want to let Janet 
Reno, the Attorney General, know that I urge her to take the time to 
think this thing through, meet with Elian Gonzalez, talk with the 
family, and understand that it is in the best interests of this child 
that his family, all of his family, come here from Cuba--that is what 
my legislation does--on permanent residency status. They can go back 
anytime they want to. They are not provided citizenship. They can come 
here of their own free will without Castro's influence. They can make a 
decision about this little boy. That is the right thing to do.
  I want to acknowledge a statement today made by the Vice President of 
the United States, Al Gore, regarding Elian Gonzalez. He has today 
supported this action that I have advocated, along with Senator Mack 
and Senator Graham of Florida, to have permanent residency status for 
Elian Gonzalez and

[[Page S2021]]

his family. I commend the Vice President for what he did. It was a very 
courageous action. He parted ways with his own administration to say 
that this is the right thing to do. You have to give credit where 
credit is due, and he gets all the credit in the world from me for 
having made that decision. I ask unanimous consent that his statement 
of March 30, today, regarding Elian Gonzalez, be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

     Statement by Al Gore Regarding Elian Gonzalez, March 30, 2000

       From the very beginning, I have said that Elian Gonzalez's 
     case is at heart a custody matter. It is a matter that should 
     be decided by courts that have the experience and expertise 
     to resolve custody cases--with due process, and based on 
     Elian's best interests.
       It now appears that our immigration laws may not be broad 
     enough to allow for such an approach in Elian's case. That is 
     why I am urging Congress to pass legislation that is being 
     sponsored by Senators Bob Graham and Bob Smith--which would 
     grant permanent resident status to Elian and his family so 
     that this case can be adjudicated properly. I know that 
     Congressman Bob Menendez has introduced similar legislation 
     in the House as well.
       Let us be clear that the real fault in this case lies with 
     the oppressive regime of Fidel Castro. Elian should never 
     have been forced to choose between freedom and his own 
     father. Now we must take action, here on our own shores, to 
     make sure that Elian's best interests are served.

  Mr. SMITH of New Hampshire. I will read a couple lines:

       From the very beginning, I have said that Elian Gonzalez's 
     case is at heart a custody matter. It is a matter that should 
     be decided by the courts that have the experience and 
     expertise to resolve custody cases--with due process, and 
     based on Elian's best interests.

  My sentiments exactly.

       Let us be clear, the real fault in the case lies with the 
     regime of Fidel Castro. Elian should never have been forced 
     to choose between freedom and his own father. Now we must 
     take action, here on our own shores, to make sure that 
     Elian's best interests are served.

  That is a very powerful statement. I commend the Vice President for 
making it. I hope the Vice President now can work with some of his 
colleagues on the other side of the aisle who have been opposing this 
opportunity to have the permanent residency status on Elian Gonzalez.
  This bill is a perfect solution for those who are not prepared to 
grant full citizenship for this boy. This is a compromise, not full 
citizenship, and it is not sending him back to Cuba. It is a 
compromise. It is one on which I have worked for a long time. It is the 
perfect solution for those who are concerned that the Senate would be 
stepping into a custody matter. This bill makes this a custody case, as 
I just said. It removes the issue from the pro-Cuba or anti-Cuba 
politics. It allows the issue to be settled by a judge who has the 
expertise in family custody matters to resolve the status of Elian 
without any intimidation or any threats from Fidel Castro.
  As I have stated, this is a decision the Attorney General has made. I 
applaud the Vice President's endorsement, and I hope and plead with him 
to pick up the telephone, call some of his former colleagues, and urge 
them to support this legislation or urge Janet Reno to pull back from 
this insistence that Elian Gonzalez not have permanent residency 
status.
  I will have more to say on this when we return on Monday.

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