this bjturk.commentary:
a tale of two families

In the Eastern United States, there is a raging debate going on right now about Elian Gonzalez, a little boy from Cuba whose mother tried to bring him to America. The boat in which Elian, his mother and about a dozen others were sailing sank before it reached U.S. shores. His mother was lost. Elian, clinging to an inner tube. was plucked from the sea by fishermen off Florida. He was the sole survivor.

Elian's parents were divorced, but Elian shared a close relationship with both parents. News reports have shown that Elian's parents were close even after the divorce, and were both very much involved in Elian's upbringing. His father, Elian's sole surviving parent, has requested that Elian be returned to him in Cuba. Relatives of Elian, aunts and uncles who left Cuba long ago and in whose custody Elian is staying, are refusing to allow this.

The United States Immigration and Naturalization Service (INS) has ruled that Elian should be returned to his father in Cuba. This has provoked vociferous protests in Miami, Florida, which has a large population of Cuban refugees. Thousands of them have marched in protest of the INS order, and sympathetic attorneys have filed legal actions to allow Elian to stay in the U.S. for good. Even Congress has subpoenaed Elian to appear, which effectively blocks his return to Cuba and his father. An international tug-of-war has begun over a little boy, pulled into the refugee arena against his will and torn between his Cuban father and his U.S.-based aunts and uncles.

Elian's grandmothers came from Cuba five days ago to see Elian, but his aunts and uncles refused to let them see him unless it was at their house, which they claim is now Elian's home. The INS, which retains responsibilty for Elian, has ordered that they be allowed to visit with Elian privately at a neutral site. The site is the home of a Catholic nun who is a college president and a friend of U.S. Attorney General Janet Reno. The family is balking at this as well. They say that the grandmothers may only see Elian at their home. The INS, however, appears to have the upper hand in forcing the issue.

This afternoon, Elian will reportedly have that private meeting with his grandmothers. The women are understandably very excited, and the family is very upset. The meeting, by order of the INS, will include only Elian, his maternal grandmother and his paternal grandmother. Nobody else. The family has agreed to bring Elian to the site, but they will not be allowed to attend the meeting, even to observe. This will be the first direct contact this six-year-old has had in two months.

The irony here is that the U.S. Government and that of Cuba both want to return Elian to his father in Cuba. When was the last time that these two governments agreed on anything? Still, the battle to return Elian to Cuba is far from over. An action in family court in Miami may strip Elian's father of his parental rights, leaving the boy with his U.S. family. However, the INS believes that it has jurisdiction to send Elian back and may well be able to enforce its decision. What everyone seems to overlook is that this is not a boat, nor a picture, nor any other kind of property. This is a little boy who tragically lost his mother, and nearly died himself. He is on the brink of losing his father as well. The fate of Elian Gonzalez is not a choice between the U.S. and Cuba, but instead a choice between freedom and family. Which is more important? More significantly, which is more important to a six-year-old boy?

It is through our family that we become closer to God. A nation is but a political thing, but family is sacred. Two thousand years ago, the world was saved by a man returning to his father. Today, a family can be saved by returning Elian to his father. I couldn't bear it if I were separated from my children like that, and my heart goes out to Elian's father. Two months is a long time to have your only son kept from you.

January 26, 2000

* * * * * * * * * * UPDATE * * * * * * * * * *

Five months after fishermen pulled him from the Atlantic off the Florida coast, Elian Gonzalez went home. No, not to his family in Florida, but to his father and stepmother, who came from Cuba to retrieve him. After months of legal wrangling by the Miami relatives, the courts rightly found that the only one who had legal standing to act on Elian's behalf was his father. The expiration of an appellate court stay was only a few hours past when Elian and his father, along with several others who had also traveled from Cuba, boarded a private jet and flew straight home to Havana.

To his credit, Cuban President Fidel Castro made no effort to keep the boy in the spotlight, and considerable efforts were made to ensure that the Gonzalez family would have privacy in the days following their return from the United States. To my recollection, only once was any member of the Cuban family brought before the cameras again, and that was so Castro could pin a medal on Juan Gonzalez, Elian's father, for his heroic efforts to win his son back and bring pride to Cuba. After that, not another word. I am glad of that.

Of course, I contrast this with Elian's stay in Miami. While there, he gained a great deal of media coverage, apparently encouraged by his Miami relatives. They may have thought that a great deal of media attention would keep the government from sending the boy home by drawing on the sympathies of viewers. This strategy not only failed, but failed miserably. The funny thing is that, after armed INS agents forcibly removed Elian from the Miami home and reunited him with his father, Elian was hardly ever seen again on camera. A few still photos were released, but there was none of the daily film clips that peppered the evening news for months on end. Elian finally had some semblance of privacy, though it took an armed raid and armed guards to secure it.

As much as I believe that, in the United States, Elian would have been able to reach more of his potential than under the Castro regime in Cuba, I can't help but feel that Elian is where he belongs, with his father. Decisions like those made by the courts in this difficult case bolster my faith in our justice system, where even lost little boys can obtain a just ruling. Sometimes the right thing to do isn't what we want, but it's always the right thing to do.

updated July 11, 2000

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