III

106TH CONGRESS

2D SESSION S. CON. RES. 79

Expressing the sense of Congress that Elia ́n Gonza ́lez should be reunited

with his father, Juan Gonza ́lez 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 Elia ́n Gonza ́lez should

be reunited with his father, Juan Gonza ́lez of Cuba.

Whereas Elia ́n Gonza ́lez, 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 Elia ́n Gonza ́lez 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 Elia ́n

Gonza ́lez, Juan Gonza ́lez of Cuba, has repeatedly re-
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SCON 79 IS

quested that the United States Government return his

son to him immediately;

Whereas the President rightly determined that the fate of

Elia ́n Gonza ́lez should be determined by United States

statutes and regulations related to immigration cases involving children;

Whereas the INS, after interviewing Juan Gonza ́lez twice in

Cuba and carefully reviewing all relevant laws, rules, and

evidence, correctly determined on January 5, 2000, that

Juan Gonza ́lez is a caring and involved father, that Elia ́n

Gonza ́lez faces no credible threat of political persecution

if returned to his father, and as a result, that Juan

Gonza ́lez possesses the sole authority of speaking for

Elia ́n Gonza ́lez 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 Elia ́n to Cuba by January 14, 2000, to live with his father Juan Gonza ́

lez, 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 Elia ́n

Gonza ́lez 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 Elia ́n Gonza ́lez needs most at this time is to

be with the father and both set of grandparents who
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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

1 Resolved by the Senate (the House of Representatives

2 concurring), That it is the sense of the Congress that—

3 (1) Congress should not interfere with normal

4 immigration proceedings by taking any unusual or

5 inappropriate legislative measures designed to delay

the reunification of Elia ́n and Juan Gonza ́ 6 lez; and

7 (2) the Immigration and Naturalization Service

8 should proceed with its original decision to return

Elia ́n Gonza ́lez to his father, Juan Gonza ́ 9 lez, in

Cuba and take all necessary steps to reunify Elia ́ 10 n

Gonza ́ 11 lez with his father as soon as possible.

Æ