Guest Editorial - 2/9/00

Tom Painter

Elian Gonzalez

Elian Gonzalez, the latest notable refugee from Cuba, has become a pawn in the public relations struggle between Castro and anti-Castro political groups in Florida. Both sides seem most concerned with using the occasion to strengthen their public positions. Neither side shows much real concern for the psychological welfare of this young boy.

Castro remains a believer in Communism - ignoring the apparent historical failures of that ideology. Most Americans, certainly Cuban-Americans, and growing portions of the world believe in the moral correctness of our democratic freedoms. However, at this stage in Elian's life, what is the practical role of the contest between those ideals in his development? Do they play a greater role than his relationship with his father, his relationships with his friends and community or with the general education of a child that age? While it is believed that Elian's mother died trying to reach a life of freedom here in the US, can adults around him square the ideal of that goal at this point in time against the termination of a father-son relationship that appears to be very close and genuine?

While there is no denying the lack of freedom in Cuba, China maintains as much repression of political thought and maybe even more repression of religion. I can't imagine the US holding up the return of a six-year old mainland Chinese refugee in a similar situation. And, although I believe our political ideals are morally correct, I don't think they are higher than the rights of parents to raise their own children. So, where is our right to punish Elian and his father with permanent separation? Who is served more by keeping Elian here, genuine freedom or Cuban freedom fighters?

The Immigration and Naturalization Service has taken their final position that Elian Gonzalez should be returned to his father. Although President Clinton has tried to publicly show some distance from the decision-making process in the case, we may never know how many behind the scenes maneuvers actually took place between his office and the Immigration and Naturalization Service. However, I believe that Clinton'& public position, to let the INS and courts make their rulings free of politics, is the right one. Certainly, no one can accuse the administration of pandering to anyone's vote with that position.

Representative Dan Burton issued a subpoena for the boy to appear before a US congressional committee, reportedly at the behest of Elian's relatives in Florida. While admitting this was a tactic to delay the boy's possible return to Cuba, informed observers acknowledged that such a subpoena is probably unenforceable. Given those facts, it is legitimate to ask if the subpoena serves someone's political interest more than the welfare of Elian Gonzalez.

Now that the INS has found no legal grounds to keep Elian here, it is up to the courts to rule on the child custody issue. No one knows for sure how the courts might rule, but there seems to be no legitimate claim that Elian's father is in anyway unfit.

Recently, Elian's grandmothers made a much-publicized trip to Florida to visit the boy and seek his return to Cuba. On January 25th, the U.S. Justice Department issued an order for both Elian's grandmothers and his south Florida relatives to meet at a neutral site. The visit was held at the home of Barry University President Sister Jeanne O'Laughlin in Miami Beach. Afterward, the two sides offered different opinions on the visit. And, the host, Sister O'Laughlin, offered Janet Reno and the press her own view that she now believed Elian should be left with his Florida relatives. On January 29, the grandmothers returned to Cuba without Elian.

In spite of the misgivings of Sister O'Laughlin, I believe that the decision to return Elian Gonzalez to his father in Cuba is the right one. It is obvious that Elian is being affected by the actions of his relatives in south Florida, by all the public attention and by all the private assistance his south Florida relatives have received on his behalf. Any child of five or six is not only very impressionable, but very vulnerable too. The continued delay in returning Elian to his father only add to the adjustments he will have to make when they are reunited.

Meanwhile various representatives in congress have expressed support for legislation to grant citizenship to Elian. Although support for this legislation has come from both major parties, so has opposition. It is not certain at this time which way a majority in congress would vote on this issue if given a chance. But why grant citizenship to Elian? How many similar refugees have we failed to grant citizenship to in the past? And, if we should do this for Elian, then should we grant citizenship to all refugees who wash up on our shores. I think citizenship for Elian is politics pure and simple. I don't think those in favor of it would accord the same status to other refugees if there was not the political mileage that they get from opposing Castro's communist regime in Cuba.

Elian Gonzalez needs his father and he needs the politicians here and in Cuba to quit using him as a pawn to further their own agendas. The INS has found that Elian has a good healthy relationship with a loving father in Cuba - a father who by our own laws has more right to raise his own son than any of the boy's relatives in Florida. Keeping Elian here and giving him citizenship represent diplomatic and legal precedents we, as a nation, should not make, no matter how any of us feel about Castro's regime in Cuba.

Tom Painter

2/9/2000