ELIAN GONZALEZ UPDATE
On Monday of this week, Juan Miguel Gonzalez filed a motion with the 11th Circuit asking that it uphold the ruling of the district judge who found that the INS was under no obligation to accept an asylum application filed for his son Elian. The motion argued that the elder Gonzalez is not under any form of pressure from the Cuban government, and that to prolong the case would result in “significant interference” with the father’s right to raise his son. Despite the fact that he no longer has physical possession of Elian, his great-uncle Lazaro Gonzalez plans to appeal the ruling of a Florida family court that he has no standing to seek custody of the boy. Last month, the family court ruled that he cannot pursue custody because he is too distant a relative. The actual appeal will not be made until after oral arguments are made in the asylum case on May 11. One reason for the delay is so that the Miami family can argue that the custody determination is not finalized. The family hopes that if they win custody it will support their claims to act on behalf of Elian. The heart of the custody claim is that Elian’s father is abusive because he wants his child returned to a communist country. This week also marked a rise in the hostility of the Miami family. Lawyers representing them have accused the INS of acting in complicity with Cuba, claiming that the agency is allowing a Cuban doctor to give Elian drugs as part of a deprogramming effort. A spokesperson for the INS called the claim “ludicrous,” and said there were no facts to support such an allegation. Republican legislators who, in the days immediately following the raid called for hearings on it, have backed off their demands. While some, such as Senate Majority Leader Trent Lott (R-MS) are continuing to demand hearings, most have moderated their tone, realizing that hearings would not help them politically. Opinion polls show that about two-thirds of Americans supported the raid, and many people feel that politician’s reactions to the raid were only political posturing. Senator Orrin Hatch (R-UT), the Chairman of the Senate Judiciary Committee, who initially called for a hearing, has said that no hearing will be necessary if the Justice Department is able to explain the raid satisfactorily. Meanwhile, the costs associated with the case continue to rise. The federal government alone has spent more than 2,000, including 0,000 on the raid to reunite Elian with his father. One hundred thirty-one INS agents were involved in the raid, along with 18 US Marshals. Private sources are paying for Elian and his father to stay at the Wye River Plantation in Maryland, but the government is paying for security at the site. The INS has 21 agents at the Plantation, while there are 37 US Marshals. The costs incurred by the city of Miami are even larger than those incurred by the federal government. Even before the April 22 raid, the city estimated that it spent over million. Given the protests that followed the raid, and the efforts of the city to prevent violence, the costs to the city have certainly risen to well over that total. 
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