The Case of Elian Gonzalez: Legal Basics (CRS Report for Congress)
| Release Date |
Sept. 12, 2000 |
| Report Number |
RS20450 |
| Report Type |
Report |
| Authors |
Larry M. Eig, American Law Division |
| Source Agency |
Congressional Research Service |
Summary:
The controversial and often impassioned immigration case of Elian Gonzalez ended the afternoon
of
June 28, 2000, when the six-year old Cuban boy returned home with his father. Elian's departure
occurred seven months after the shipwrecked boy was brought to U.S. shores and less than an hour
after a temporary injunction preventing his removal lapsed.
Litigation over Elian's legal fate did not end until the day of his departure. Then, the Supreme
Court declined to consider the rulings of the Eleventh Circuit Court of Appeals that allowed Elian's
return. Earlier, the Eleventh Circuit had barred Elian's removal until it had had an opportunity to
consider his case more fully.
Elian was brought ashore alone after his mother and others died in an accident at sea. Because
of the exigencies of the case, Elian was paroled into the keeping of relatives in Florida pending a
determination of his future residency and care. Subsequently, the Florida relatives sought legal
custody of Elian in state court and assisted in his applying for asylum with federal immigration
authorities. Elian's father, Juan Miguel Gonzalez, objected to these legal actions, and later he
personally came to the U.S. from Cuba to attempt to regain custody.
As litigation progressed, Florida state courts ultimately declined to consider the case as a matter
of state family law, deferring instead to federal immigration law. Meanwhile, the federal courts
eventually decided that the Attorney General could terminate the right of care that had been granted
to Elian's relatives and that an asylum claim for Elian could not proceed over his father's objections.
This report briefly discusses legal authority that pertained to the Elian Gonzalez case. It will not
be updated. For discussion of related issues, see CRS Report RL30570, Elian Gonzalez:
Chronology
and Issues, by Ruth Wasem.
