Editorial. Published Friday, January 21, 2000, in the Miami Herald
Elian's fate remains in limbo
With each passing day, the legal maneuvering to determine the fate of 6-year-old Elian Gonzalez grows ever more complex and the day of reckoning ever more uncertain. But that is in equal measure both good news and bad -- good in that, with more time, a Solomonic decision might be reached,
perhaps among relatives; bad in that the continuing delay and uncertainty cannot be healthy for this confused and hurt little boy.
One step must be taken now, however: The leaders of this community should prepare for the possibility that, when the legal maneuvers end, this miracle child will be returned to his father in Cuba. We can hope and pray for a different outcome -- none more ideal than having his father come
permanently to the United States -- but we must prepare for the worst.
It would be inexcusable if a decision to send Elian away would come as such a shock that South Florida would again be forced to suffer the self-defeating effects of misguided, angry protest. Only Fidel Castro would benefit from that.
From the start, we have advocated for experts in child welfare -- not the Immigration and Naturalization Service -- to make that determination, ideally in a court designed for custody disputes. The lawsuit filed in federal court yesterday by Elian's Miami relatives, who understandably wish him
to grow up with the freedoms Americans enjoy, may prevent the boy being returned to Cuba for now, but it doesn't address the custody issue. For good or ill, U.S. and international law squarely favors biological parents -- in this case Elian's father.
The latest suit might give Congress -- which returns to session next week -- time to make Elian a citizen or permanent resident, a cause we support. As a citizen, Elian's case would be out of INS hands altogether, transforming it into a custody case to be resolved in Florida's family courts.
Once there, we would hope that Juan Miguel Gonzalez could appear to seek custody, as would any good father.
No reasonable person could then argue that the decision -- even to go to Cuba -- would be made after Elian's best interest had been considered.
But such an outcome appears remote, especially since President Clinton declared his opposition to citizenship. We urge that whatever the decision is, it be reached quickly so Elian can return to being a child and not a political icon. All those who love him should want that outcome.
Copyright 2000 Miami Herald |