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BATTLE CONTINUES TO RAGE OVER ELIAN GONZALEZ
Since our last issue, there have been numerous developments in the continuing case of Elian Gonzalez, the six-year old boy who is at the center of a major dispute between the US and Cuba.  First, Rep. Dan Burton (R-IN) used his power as Chair of the House Committee on Government Reform and Oversight to subpoena Elian, attempting to make it impossible for him to leave the US.  While debate on whether this subpoena could be effective was still ongoing, a Miami Circuit Court Judge granted temporary custody of Elian Gonzalez to his great uncle Lazaro Gonzalez.
According to the decision of Judge Rosa Rodriguez, there was evidence that if 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,” although she gave no basis for this conclusion.  A hearing to determine permanent custody has been scheduled for March 6.  Meanwhile, attorneys will be refiling the asylum claim that was disrupted by the INS’ decision that only Elian’s father could speak for the boy in immigration matters and to return the boy to Cuba.
This decision has only further inflamed the debate surrounding this case.  The INS has withdrawn its plan to return Elian to Cuba on Friday, January 14, although many legal scholars believe that the state court had no authority for its ruling and that furthermore, the INS, as an agency of the federal government, can ignore the state court’s ruling. 
The objectivity of the judge was also questioned when it was revealed that the judge had employed the spokesman for the family in Miami during her 1998 election campaign.
Meanwhile Attorney General Janet Reno has informed the Miami family that in the view of the Justice Department, the state court ruling had “no force or effect,” and that “the question of who may speak for a 6-year-old child in applying for admission or asylum is a matter of federal immigration law.”