January 19, 2000
Web posted at: 6:10 p.m. EST (2310 GMT)

In this story: Miami family says federal government has no say Grandmothers could come to U.S. GOP move afoot to grant citizenship RELATED STORIES, SITES

MIAMI (CNN) -- As expected, the Miami relatives of Elian Gonzalez filed a lawsuit in federal court Wednesday challenging the Immigration and Naturalization Service's ruling that the 6-year-old boy must be returned to his father in Cuba.

The lawsuit, Elian Gonzalez vs. Janet Reno, seeks to compel "the U.S. government, the Justice department (which Reno heads) and the INS, to have a hearing" regarding the issues related to the boy staying in the United States, said Spencer Eig, a lawyer for Elian's Miami relatives. The family and their lawyers held a news conference on the courthouse steps after the suit was filed.

"This is not a lawsuit about Elian Gonzalez and his best interest," Eig continued. "Its purpose is to compel the U.S. government to give (him) his constitutional rights, to treat him fairly, to have a hearing."

To get such a hearing, lawyers must convince a judge that they have standing in the case, meaning that they can speak for the child.

That would challenge the INS ruling -- backed by Reno -- that says the boy's father in Cuba is the only one who may legally speak for his son on immigration matters.

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US/Cuba relations

Elian's father, Juan Miguel Gonzalez, wants his son returned to him in Cuba, but the boy's Miami relatives want him to stay in the United States. Elian's maternal and paternal grandparents, who also live in Cuba, are agitating for his return, and massive protests in Cuba have called on the United States to return Elian.

Eig said the INS ruling was based on a "few secretive interviews" in Cuba, referring to the INS' trips to talk to Elian's father there.

Linda Osborne Braun, another lawyer on Eig's team, said "Children have rights in this country ... and all evidence must be reviewed and considered before a decision is made."

She added, "We believe we will win because children do have rights and the federal court will see that ... Due process is not the fastest (way), but it is the fairest."

Eig said he feels that ultimately the boy's fate should be decided "among the family" in Miami and Cuba "without interference from bureaucrats."

Now that the suit is filed, the next step, he said, is to serve papers on Reno and the INS.

Eig, attorney for Lazaro Gonzalez, said the lawsuit 'is to compel the U.S. government, the Justice Department and the INS to treat Elian Gonzalez fairly, to have a hearing, to have all sides to be heard'

Miami family says federal government has no say

Elian's mother drowned trying to smuggle him into the United States. He was rescued at sea November 25 after clinging to an inner tube for two days and was taken in by Miami relatives. His rescue touched off the custody battle between his father in Cuba and the Miami relatives, who are intensely supported by the Cuban-American community in Miami.

"Child custody has always been a state responsibility," said Eig. "Now, the federal government and the attorney general are trying to all of a sudden take that away, without ever interviewing the child."

A state judge granted temporary custody to the youngster's great-uncle, Lazaro Gonzalez, in Miami, pending a March 6 hearing on the case. Reno said, however, that the state move has no impact on the case because states have no jurisdiction over immigration issues.

Grandmothers could come to U.S.

Elian's father has refused to come to the United States to get his son. U.S. government sources have said the boy's two grandmothers in Cuba may travel to Florida to retrieve him. They said discussions are under way between Ricardo Alarcon, president of the Cuban National Assembly, and Vicky Huddleston, head of the U.S. Interests Section in Havana.

Alarcon told CNN on Tuesday that Cuba believes Elian is being "held captive" in the United States. "We will have to continue demanding his return. And, believe me, I cannot believe Elian will not return," he said.

In Washington, Justice Department sources said Elian's father could grant power of attorney to the grandmothers, who could then speak for the child in the United States.

GOP move afoot to grant citizenship

Congressional sources who actively support a move to grant Elian U.S. citizenship told CNN a bill may address the issue in the opening week or two of the new session, which begins next week. Such a bill would be sponsored by the Republican leadership.

One source said that although citizenship might not be enough to keep Elian in the United States now, it could be important to him later in life.

"With all the rights and benefits of U.S. citizenship, he would have the protection of any U.S. citizen overseas and, as an adult, he could come to the U.S. and it would be easier for him to bring family members," the source said.

Until Congress acts, Elian's great-uncle is relying on the courts to block the boy's return.

"We're going by the law and the mother's wishes and the wishes of the child," Lazaro Gonzalez said.

Speaking at the news conference, Marisleysis Gonzalez, Elian's cousin, said the boy keeps asking for his mother and she tries to explain where she is. "We feel he should get a hearing. ... he has feelings ... I know this is where he wants to stay."

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