Amicus Brief: Elian Gonzalez v. Reno

Eleventh Circuit: Human Rights First, along with the Women’s Commission for Refugee Women and Children and the Florida Immigrant Advocacy Center, filed an amicus brief in the case of Elian Gonzalez v. Reno. The amicus brief, which was submitted in support of neither side, expressed concern about the unduly broad sweep of discretion that the District Court decision below had afforded to the Immigration and Naturalization Service. The brief also addressed the broader issue of the right of children to apply for asylum under both U.S. and international law. Human Rights First was represented by Mark D. Beckett, Martin N. Flics, and Jeffrey A. Tochner of Latham & Watkins. The brief was filed in April 2000, and the Eleventh Circuit’s May 2000 decision made clear that children can indeed apply for asylum and was much more circumspect in the level of discretion it afforded to decisions of the INS.