Elian should stay. Public Health Harvard Sussex Program on CBW Armament and Arms Limitation Hillary Elian should stay. A different legal approach Much has been written as to why Elian Gonzalez should not return to Cuba.
Arguments are legion.
However, this piece is targeted at the Immigration Service's argument that the father is the only one that can speak for the child. INS's argument is based on the fact that parents enjoy parental rights over their children. No one argues this fact. It is in the body of western law since time immemorial. The issue is whether Elians' father has real or only apparent parental rights in Castro's Cuba and whether if even effective rights existed he has the sole right to speak for the child.