Federal authorities also opened an investigation into the alleged
smuggling operation. They seized the dangerously overloaded $80,000
speedboat that carried the Cubans and a second powerboat found in the
Florida Keys that they believe belongs to the same organized ring. Two
suspected smugglers, both Florida residents, were detained for possible
deportation to Cuba, the U.S. Border Patrol said.
U.S. Immigration and Naturalization Service officials declined to
discuss the repatriation in detail, citing confidentiality policies. But
agency spokeswoman María Cardona said none of the 31 Cubans could
demonstrate a ``credible fear'' of persecution during interviews with an
INS asylum officer aboard a Coast Guard cutter. That made them subject to
repatriation under the 1995 accords with Cuba.
``The INS treated this situation the same as it has treated every other
since the '95 accords,'' Cardona said. ``To pass the credible fear
threshold they would have to demonstrate that they would be persecuted or
physically harmed if they were to be returned to their home country. If
they are found not to have a credible fear, they are sent back to
Cuba.''
The decision to send back Morales stunned some Cuban exiles, who
assumed that his status as a sports hero on the island would expose him to
reprisals for attempting to defect.
Morales, a third baseman, helped the Cuban national team clinch a 12-6
exhibition victory over the Baltimore Orioles with a three-run homer in
the ninth inning last year in Maryland.
Some noted that former Cuban pitching star Orlando ``El Duque''
Hernandez, now a New York Yankee, was kicked off the island's national
team, banned from playing ball and forced to work menial jobs after his
half-brother, former Florida Marlin pitcher Livan Hernandez, defected in
1995. OMINOUS PRECEDENT
``It's hard to understand how they can send back a baseball player to
Cuba, not because he is a famous athlete, but because of the precedent of
what has happened to other players,'' said Ninoska Perez, a spokeswoman
for the Cuban American National Foundation.
However, Reno's handling of El Duque's case came under sharp criticism
from some advocates for immigrants, who contended he was granted special
treatment because of his star status.
Others who had traveled to the Bahamas with the pitcher were denied
entry into the United States.
Roger Bernstein, a Miami immigration lawyer who unsuccessfully tried to
intervene on Morales' behalf, said the ballplayer should have found it
easy to pass the credible-fear test.
``It's a very low threshold,'' Bernstein, a former INS lawyer,
said. ``He could say, `I'm a national hero and if I seek to defect it
would be a national embarrassment to Cuba, and I could be harmed if
returned.' ''
Even if he had passed the interview, however, Morales would not have
been brought to the United States.
Cubans who clear that first hurdle at sea are taken to the U.S. Navy
base at Guantanamo Bay, Cuba, for further interviews to determine whether
they merit treatment as political refugees.
If they qualify, the U.S. government tries to find them a third country
in which to settle. Because few countries are willing, many Cuban refugees
have spent years on the base waiting.
Gus Dominguez, a Cuban-American sports agent in Los Angeles who has
helped other Cuban players defect, has said he spoke with Morales in
Baltimore about defecting, but the ballplayer apparently had a last-minute
change of heart.
Dominguez did not return a phone message Wednesday. But a U.S. friend
of Morales' family said that, according to the player's family in Cuba,
Morales was in trouble with the Cuban government because he was spotted
speaking with Dominguez in Baltimore.
The family friend, who asked not to be identified, said Morales'
problems deepened after his wife's exiled father applied for a
U.S. immigrant visa for her.
Cuban baseball officials told Morales that he would not go with the
national team to the Olympic games in Australia this summer, the family
friend said.
The friend described Borrego as a second-string player who had been
stopped by the Cuban Coast Guard in nine previous attempts to leave
Cuba.
Both presumably were trying to follow in the footsteps of other Cuban
baseball players who have struck it rich playing for the Major Leagues.
The Associated Press said 35 other Cuban players have defected in the
past 10 years, although the INS said it could not confirm the number.
Morales, however, may be the first high profile player stopped at sea by
U.S. authorities. The INS could not immediately say if there have been
others.
$6 MILLION MAN
El Duque signed a $6 million contract with the Yankees after declining
Reno's offer for parole and moving to Costa Rica on his agents' advice. As
a foreign-based player, he was not subject to the major leagues' amateur
draft, which would have forced him to negotiate with only one
team. Instead, he became the object of a bidding war by several teams.
Border Patrol investigators believe that, given the position where
their boat was intercepted, Morales and his companions intended to come
directly to the United States.
A Coast Guard vessel intercepted the 32-foot Scorpion speedboat
carrying Morales on Friday afternoon after it ran out of fuel about 25
miles south of the Dry Tortugas.
Border Patrol spokesman Joe Mellia said the two suspected smugglers on
board tried to buy fuel from a passing commercial fishing boat, whose crew
called the Coast Guard instead.
``That thing was grossly overloaded,'' Mellia said. ``The smugglers
were treating these people like cargo, not like human beings.''
On board, investigators found a satellite navigational device with
recorded data indicating the boat had been to Cuba, Mellia said. Because
none of the passengers would cooperate with investigators, the two alleged
smugglers will not be criminally charged, he said.
Because they are not U.S. citizens, both Cuban-born suspects have been
placed in deportation proceedings, Mellia said.
The Florida Marine Patrol led investigators to a second boat they have
linked to the smugglers, Mellia said.
The investigators believe the boat, which was loaded with fuel
canisters and a fuel pump, was on its way to refuel the boat carrying the
Cubans because they found on board a navigational device programmed with
the Scorpion's position.
Smugglers are increasingly resorting to such refueling stratagems
because a beefed-up Border Patrol presence has discouraged smuggling
departures from the Keys, forcing smugglers to leave from Miami-Dade
County, a farther distance from Cuba.
Herald staff writer Juan O. Tamayo contributed to this report.
U.S. returns Cuban athlete asking asylum
Copyright 2000 Miami Herald