he Court of Appeals for the 11th Circuit has recognized a crucial fact that escaped the attention of Janet Reno's INS: Elián is an alien whose rights are protected by law. In a unanimous ruling, the three-judge panel ordered that the child must remain in the U.S. until his appeal is heard, and criticized the INS for ignoring his request for asylum. The court's decision provides welcome support for the maligned Cuban Americans who have contended that the INS rejected the rule of law in favor of the Rule of Reno when it ignored its own procedures in order to give Elián the bum's rush back to Cuba.

The INS has detailed policy directives on how to handle youngsters' claims for asylum, yet in Elián's case, it declared that he had no rights unless his Cuban father asserted them on his behalf. It turns out that Lazaro Gonzalez, a garage mechanic, has a greater appreciation of Elián's legal rights than the Attorney General of the United States. Castro's American allies have delighted in pointing out the irony of Cuban Americans who claim to prize democracy, resorting to mob rule by demonstrating so provocatively outside Mr. Gonzalez's home in Little Havana. Federal judges have now echoed their insistence that Elian have his day in court.

The court rejected Reno's request for an order demanding that Elián's Miami relatives turn over custody to the INS pending the appeal, but she continues to threaten that she has the right to place him with his father until his case is resolved. If she attempts to remove Elián from his uncle's care, despite the prospect that he might eventually make a successful asylum claim, it will be clear that the only lawless mob engaged in this tug of war is led by the Attorney General.