It's amazing how the case of Elian Gonzalez, who was found floating in an inner tube off the coast of Florida just prior to Thanksgiving, has sparked both international and domestic controversy. At the international level, the case has in some estimates set U.S. -- Cuban relations back 20 years. Fidel Castro has obviously been unwavering in his demand for the return of Elian. On the other side however, the Clinton administration has flip-flopped on its position. Early on, the position of the Clinton administration was to let local state and family courts handle the matter. Within the last several weeks, this position has changed and the Immigration and Naturalization Services and Justice Department have stated their intentions to return Elian to his father in Cuba.
Although seemingly simple, this case has many layers of complexity. At the heart of the controversy is the debate over what's in the best interest of Elian. Putting aside the side issues that have greatly complicated this matter, it is in the best interest of Elian to remain in the United States. Removing Elian from his family in Miami is probably the last thing to do to a boy who lost his mother only four months ago. It is wrong to return the boy to Cuba when his father's free opinion has not been ascertained. It is also wrong to return the boy to Cuba where he is likely to be used as a political pawn by Castro. Returning Elian to Cuba also devalues the sacrifice of his mother and the tragic obstacles overcome by Elian in order to come to the United States.
If Elian is returned to Cuba he will most likely be paraded around Havana as a national hero. All aspects of his former life in Cuba have already gained enormous attention. A monument to the boy has been erected right across from the U.S. Embassy in Havana. It is clear from all of this that Castro will use the boy for his own political agenda. However, as a result of all this attention, Elian will be given many privileges including access to good healthcare and schools in Cuba. But does a nice lifestyle outweigh the possible damage done to Elian as a political pawn of Castro? If allowed to remain in the United States, Elian will live in a free society and more importantly be given opportunities later in life for advancement, which are not available in Cuba.
Slightly beyond the interests of Elian lies the issue of parental rights. The father has demanded the return of Elian. For many this is the simple solution to the dilemma. The father, they argue, as the sole surviving parent, has the right raise Elian. So his wish to have his son returned has to be respected. It's hard to argue with this logic. However, the problem lies in differentiating the wishes of the father from those of Castro. Its easy for us, who live in a society which values free speech, to believe that the father is stating his opinion freely. Unfortunately, Cuba is still a totalitarian dictatorship and it's impossible for the father to state his opinion while under the intimidation of Castro. Shortly before Elian's departure, the father called the relatives in Miami to let them know that Elian and his mother were on their way. If he knew Elian was about to leave and did not stop him, doesn't this reveal that he wished the boy to come to the United States?
Beyond the rights of the father, the issue gains increasing complexity when placed as a political football between the large exiled Cuban community in Miami and Castro. The journey of Elian symbolizes the struggles that many in the community faced as they fled Cuba. The tensions in the Little Havana section of Miami are dangerously high. There are daily protests and blockades around the home of Elian's relatives. Many have pledged themselves to prevent any attempts to remove the boy. So this adds another layer of complexity.
At the next level, the case of Elian has been catapulted into the fray of Campaign 2000. Al Gore has gone against the position of his administration by stating that Elian's father should be allowed to come to the United States and that the decision over the boy's future should be made after taking the opinion of the father on free soil. Gore's view is obviously an attempt to gain the vote of the Cuban community in November's election. On the other side, George W. Bush has also supported Elian's rights to stay in the United States. Although the issue has gained importance in the campaign, the outcome of the case is not likely to await a new administration coming into the White House.
As the case stands today, there are three possibilities for Elian to remain in the United States. The first option is for a judge to rule favorably in a hearing scheduled for May 8; the second possibility is for Congress to pass a resolution making Elian a U.S. citizen; finally, a panel of psychiatrists could write a report indicating that it would be harmful to remove Elian from his home in Miami. The first two situations appear unlikely, and it is unclear whether the court will take a psychiatric recommendation into consideration during its ruling. As the father of Elian has already arrived in Washington, D.C., it is more than likely that Elian will return to Cuba. Another miracle on the order of the one that kept Elian alive for two days in the ocean may be required to keep him in the U.S.
