No, the Tug 'O War is Not Over

Thwarting the difficult INS decision, a Florida Judge rules against the agency and says that Elian must stay in the US pending a custody hearing.

On Monday, a Florida judge issued a temporary protective order stipulating that six year old Elian Gonzalez would have to stay in the United States through March of this year, pending further hearings. The relatives in Miami were overjoyed while those in Cuba heartbreak once again: they were hoping he would be returned to his father in Cuba, as the INS had ruled he should be by this Friday the 14th.

Citing the need to hear arguments filed by Elian's Miami relatives who seek temporary custody of the boy, Miami-Dade Circuit Judge Rosa Rodriguez ordered Elian to remain with the relatives until the March 6th hearing. 

As he entered his home in Little Havana, Elian's great uncle Lazaro Gonzalez called out "Victory for Elian" in Spanish. Gonzalez is the one seeking temporary custody.

Spencer Eig called it a "great day for Elian," pleased that the child will have "his day in court." Of course, Elian has already lost one parent and many psychologists warn that breaking a bond with two parents so suddenly could have very serious and long-term psychological implications. Of course what Elian wants matters tremendously. But he is, after all, only six years old. He just lost his mother at sea. He is suddenly in a strange land, adored by thousands, showered with gifts, swept off to Disneyland. People are crying and protesting at the very mention of his possible return. It would be hard for an adult to make a sound decision under those skewed circumstances, much less for a child.

Immigration Issue, Legal Issue? Or does it all come down to Politics vs. Parents?

The judge however, said on Monday that the petition presented by Elian's family "contains sufficient verified allegations that if emergency relief is not granted and Elian is 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.''

According to Bernard Perlmutter, director of the University of Miami's Children and Youth Law clinic, the decision was "politically popular," but legally unfounded. If so inclined, the INS could simply ignore the judge's decision and proceed as planned.  But will they? 

CONT'D ON PAGE TWO  

What Happens Next? Why do some think it's child abuse to let him go home, while others believe we are aiding and abetting international child abduction if we let him stay? Read on....

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