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The fact remains that the EO stands and is the current law, so until the SCOTUS rules on it or the current POTUS does something about it, that EO is policy.

I agree that what Clinton did was probably a favor to Castro, but until it is overturned, that is the law and Elian was an illegal alien.

In my personal opinion, both Clinton and Reno should be shot for snatching Elian like they did, but that does not change his status here in the US.

The US needs to rethink it's policy on Cuba and either completely cut the country off and dispose of Castro, or open it up, and hope for the best.

The 11th Circuit Court of Appeals ruled that Elian had a right to an asuylum hearing and that he was entitled to his own spokesman in court. The battle then became who would speak for Elian in court.

Clinton's INS reversed their own written guidelines which state that State Family Courts determine who has custody of a child in situations such as Elian's.

The USSC ruled that the Executive branch could reverse its own written regulations on immigrant custody issues, which the INS had done when they seized Elian in the raid.

Juan Miguel was then appointed to be Elian's spokesman and he declined to have an immigration hearing.

One more thing to remember is that Juan Miguel was never out of the control of Castro's security men in the US. We have to trust the word of Reno and Castro that his wishes were being followed.