About that Cuban boy, Elian Message Board

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Politics : About that Cuban boy, Elian

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To: Rambi who wrote (8499)	7/13/2000 9:47:09 PM
From: greenspirit	Read Replies (3) of 9127

res- I don't think I have EVER read that this was done on the basis of Juan's lack of fitness! Rambi, read my post again. I never asserted or claimed it was based on Juan's lack of fitness. The issue I was attempting to address related to the numerous posts I've read here which wax on-and-on describing how unfit the Miami relatives were to be parents for Elian. In the initial phase of looking for a home for Elian, I would think the INS would have some parental "fitness" metrics they use in order to evaluate a proper home for a child. If not, then the INS should re-evalute its processes. What order are you referring to? A phone call? If the INS didn't feel they needed a court order, why did they ask the 11th circuit court for one in the first place? The INS doesn't have the authority to willy-nilly shift children from one home to another when a custody dispute is taking place. The dispute is handled in family court where it belongs. Doesn't it make more sense for a family court to decide on these types of issues instead of political appointees, or a government law enforcement agency? The INS must follow the rule of law just like any other government law enforcement agency. Let me ask it another way. Let's say, just for the sake of argument, that the 11th circuit had ruled the INS must allow the asylum request to proceed. Further, let's say that Elian was granted the freedom by the court to decide on his own whether to stay or go. And he then decides to stay. Does the INS have the authority to capture him and transfer custody of him to his father in Cuba? Of course they don't! The courts ruling takes precedence over the INS's internal procedures. And that's the way it should be. In this case the court was still deciding on Elian's asylum request and the INS acted unilaterally in a most offensive way toward the fourth amendment. Why? What was the hurry? Why not wait a couple of weeks and allow the court to finish its decision making process? The answer is pretty clear to me. Politics Michael

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