Eli n Should Stay. A Different Legal Approach. A Different Legal Approach.
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 Elian's 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.