In this case, the evidence suggests that Elian's best interests will be served by reuniting him with his father in Cuba. Family reunification is a fundamental tenet of U.S. immigration law, and international protocol regarding unaccompanied minors. Where possible, an unaccompanied minor should be reunited with a parent, provided there is no credible fear of persecution in the country of origin, and after authoritative assurance that the parent can provide a safe and loving home. Due to a child's heightened sense of time, securing a permanent placement for a child is imperative. Hence, Elian should be reunited with his surviving parent without delay.
Families have the right and responsibility to make major decisions affecting their children.
In this case, Elian's father is the closest surviving relative and he should have the right to make decisions regarding Elian's citizenship. All unaccompanied minors should be treated with equal care and protection. Unfortunately, this has not been the case with all unaccompanied minors reaching U.S. territory. The treatment of the Gonzalez case is in sharp contrast to the general policy and experience of Haitian and Latin American children, who have often been summarily deported to their countries of origin, even though they may end up being homeless and hungry. Such children are routinely deported without investigation into their family situations and without assurance as to their reception upon return.