Fundamental principles of justice, and American and international laws, all call for Elian Gonzalez to be returned to his father, Juan Gonzalez. A growing majority of the American people and world opinion support this position, and we believe that it should happen as soon as possible.
On November 22, six-year-old Elian Gonzalez was taken by his mother and her boyfriend on a dangerous journey from Cuba to the United States that ended in tragedy. The overloaded boat sank, and Elian’s mother and other adults drowned. Elian was rescued two days later clinging to an inner tube in the sea off Miami. His mother’s motives may have been laudable, but Elian was taken without his father’s knowledge or consent, even though his father had joint custody.
By all accounts, Juan is a devoted father, involved with Elian in his school activities. Elian also has equally devoted grandparents, a stepmother and half-brother in Cuba. His father has consistently demanded his return.
While the motives of those seeking political asylum for Elian in the United States may be laudable, Elian simply does not qualify for such status. There is no reason to think that he would be subject to political persecution, imprisonment, torture or threats to his life. Case law specifically excludes a lower economic standard as grounds for asylum unless it is so severe as to threaten life or freedom, and no such threat exists. But, more important, now that Juan has been confirmed as the father, no person in the United States has legal standing to bring a case for asylum for Elian anyway.
How can the current deadlock be resolved? The Cuban exile community is divided on this issue. Some feel that political issues of the Cold War should take precedence, while others feel that this should not be allowed to interfere with the relationship of a father and son. We hope that Cuban exiles seeking to keep Elian here would consider that they are losing ground with the American public, which sees this differently.
Insofar as they are opposed to Fidel Castro, he has had rallies of millions on this issue, bigger than any in 40 years. From this perspective, it was a serious mistake not to have returned Elian immediately. Whatever you think of Castro, for all practical purposes he is now guaranteed to remain in power in Cuba for the rest of his life. The longer this situation continues, the stronger his position will become. We believe that at this point, both the legal and the political arguments point to the return of Elian to his father as soon as possible.
Those who still do not know what to do should hear the cries of a little boy who misses his father.