Elian

J

JebMonk

Registered Member
On what legal ground do we stand to retain
that Cuban boy, Elian. Isn't he here illegally? Does the fact that he was rescued
at sea nullify our immigration laws? I never thought I'd be in agreement with a communist dictator, but Castro may be right this time. The boy should be sent back.
Any thoughts?
 
Defection! Allthough it is verry tuchy subject when it comes to a minor. His mother died trying to get him to freedom. Ware was the father?!

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My life could have been black and white, but I had to color it.
 
A very good question indeed. I wonder what
his family's particular situation was, that he would remain in Cuba while his wife and
son attempted to smuggle themselves into the US. The popular media seems to be hinting that Elian's father may be making press statements under duress, that perhaps he really wants his son to remain on US soil.
Bottom line: the boy is now a political token, for which congress seems willing to "adjust" our current immigration laws. We just don't like the idea that a communist regime is parked on our doorstep and we'll do anything to make them look bad.
 
I'll try to be brief, because my answer's straddling the fence.

I'm a firm believer that, in the end, national borders have to go. To the other, I'm quite sure that human society is not quite ready for that.

Thus, we have national borders, and laws which govern them. In this light, Elian Gonzalez should return to Cuba. He is Cuban property, as such, and it is not the place of any other government to intervene without the diplomatic equivalent of a class-action lawsuit.

However, my prejudices instruct me differently: We are the United States of America. We believe we have the best thing going in human history, and enough money to buy off anyone who says otherwise. Let's spread it around, then, this sensation of human zenith. On a base principle, I could say that it is in the boy's best interests to remain in this country on the grounds that, given a choice between Cuba and the US ... well, I think anyone's best interest lies inside our borders.

But as it is, Elian has family in this country; we might assume that they were the destination he and his mother sought. I mean, we'll give political asylum to any enemy pilot who donates his plane to our espionage. Why not give political asylum because we feel it's the right thing to do (assuming, of course, that such sentiment is true)?

Does anyone know what Elian wants?

thanx,
Tiassa

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Take a side you say, it's black and gray. And all the hunters take the hunted merrily out to play. We are one, you say, but who are you? You're all too busy reaping in the things you never sown. And this beast must go on and on and on .... Nobody gives a damn. (Floater; "Beast")
 
It was probably a simple question before the grown-ups became involved. Now he's an object of political positioning (mostly local politics in Florida; but, of course, some rep's in Congress want to get some play out of the poor kid now).

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It's all very large.
 
Good point Tiassa, we haven't heard the
boy's side of the story. (Probably just
as well to keep the press out of his face as much as possible though) At any rate, a CNN
correspondant was heard to say (and I paraphrase): We shouldn't worry about what
Elian wants...when I was his age I didn't know what I wanted. What a ludicrous comment! True, he probably cannot make decisions that would be in his best interests, but should we disregard his feelings altogether?
Anyway, it doesn't really matter at this point. It looks like Reno intends to uphold INS SOP and the boy will be sent back.
 
I agree, Jeb. Although he cannot make legal decisions, he still has emotions and his family here seems to be perfectly capable of taking care of him. Although his parents are separated, there is no reason to believe that the boy would be politicaly persecuted. Elian himself should be asked in neutral terms with Cuban and American witnesses in an isolated room "Do you want to live with your father in Cuba or your grandparents in America?" It would be a hell of a decision for this kid to make, but I think it would be the only fair one. All that would have to be done would be to keep him away from any influencing factors, which is a tougher job than it sounds.

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I may not agree with what you have to say, but I will fight, kill, and die for your right to say it.
 
Oh come on their communist. Of course the threat of persecusion is all ways there. The father didn't seem to give a dam staying behind. If the mother was raising this kid and she decided the best thing was to move to freedom then that should stand.

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My life could have been black and white, but I had to color it.
 
The boy is 6 years old. When his mother was alive, she was his custodial parent. She decided that it was best to defect to the United States with him and his step-father.

Whatever her intentions were, by defecting, she broke Cuban law and for all intents and purposes, Elian is an illegal immigrant in the United States.

Additionally, in case of the death of the custodial parent, on both moral and legal grounds, custody of the child reverts to the surviving parent. In this case, the boy's biological father and biological grandparents are in Cuba.

Barring any previous history of familial abuse of the child by his biological father, for both legal and moral reasons, he should go back to Cuba to be with his father.

To do otherwise, would be to "use" the child as a political pawn.
 
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