IV
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 Immigra-
tion and Naturalization Service paroled Elian into the
care of his great-uncle, Lazaro Gonzalez;
Whereas on December 1, 1999, the Immigration and Natu-
ralization 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 con-
firmed that the issue of legal custody must be decided by
its State court. However, Elian will remain in the U.S.
•HRES 480 IH
until the issues surrounding his custody are resolved. If
Elian’s family is unable to resolve the question of his cus-
tody, 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 ap-
plication for asylum under section 208 of the Immigra-
tion and Nationality Act, which provides that ‘‘any per-
son’’ can file such an application;
Whereas on January 5, 2000, the Immigration and Natu-
ralization Service announced that Elian’s asylum applica-
tion was being withdrawn at the request of his father in
Cuba, without a hearing either on the merits of the asy-
lum 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 Gon-
zalez, 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 po-
litical asylum on Elian’s behalf and the Immigration and
Naturalization Service subsequently rejected this applica-
tion for asylum, again without a hearing;
•HRES 480 IH
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 per-
son’’ 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 re-
quired to adjudicate his asylum applications;
Whereas in March 2000, the Federal court ruled that the At-
torney 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 determina-
tion 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 fa-
ther 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 deter-
mining 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;
•HRES 480 IH
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 dis-
puted 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 deter-
mine 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 par-
ent; 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 irrev-
ocable action with respect to Elian Gonzalez until a hear-
ing is held to determine whether authorizing Elian Gon-
zalez to file an application for asylum is in his best inter-
est.
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