Weekly Online Lesson Online Lesson Archive Grade Level: 9-12 Subject: Social Studies/Law

The Fate of Elián

Controversy is brewing in Miami over the fate of a 6-year-old Cuban boy named Elián González. He was rescued off the coast of Florida on November 25, 1999, after a tragic shipwreck that claimed the lives of his mother and stepfather.

Elián's relatives in Florida want the boy to remain in the U.S. and grow up in a free country. But Elián's natural father, Juan Miguel González, wants his son returned to him in Cuba. Thousands of Cubans have protested for the boy's return.

U.S. officials have ruled that Elián should be returned to Cuba to live with his father. The ruling has sparked outrage and protests by Elián's family in the U.S. along with many other Cuban exiles. They argue that Elián should have the right to claim asylum and remain in the U.S. as a political refugee. Large groups have gathered in downtown Miami to protest the decision. Several truck drivers slowed traffic on a busy expressway, and groups had threatened to create traffic congestion at the Miami airport.

The US Immigration and Naturalization Service (INS) wanted Elián returned to Cuba by January 14, but on Friday Rep. Dan Burton (R-Ind) issued a subpoena for Elián to testify before the full House of Congress on Feb. 10. Burton said he issued the subpoena to "provide a measure of legal protection while a court is considering the case."

How is it that the custody of a 6-year-old child would become the center of a national debate and a Congressional hearing? It has everything to do with a long history of uneasy relations between the U.S. and communist Cuba. In this week's online lesson you will explore the issues of this unusual and tragic story as you consider the fate of Elián.

Tribulations of a Child

Start the lesson by reviewing the details of Elián's story, including his harrowing survival in the Atlantic, the loss of his mother an stepfather, his rescue and recovery, and his experiences in America. Browse to the Liberty for Elián Web site and read Elián's Story. Also read news reports about the deadly voyage, Elián's rescue, visiting Walt Disney World, celebrating his first Christmas, filing for political asylum, and lately the congressional subpoena.

U.S./Cuba Relations

How is it that the custody of a child should become a political issue? Elián' and his mother were trying to flee communist Cuba to live in America — so the issue was really political from the start. America and Cuba have been at odds for 40 years, since Fidel Castro's communist government seized power. Through the Cold War and today, relations between the two countries have been tense. Find out how and why by studying The Timetable History of Cuba. For more history and background, read about Cuba in Nutshellnotes.com.

Taking Sides

There are no shortage of opinions about what should happen to Elián González. Read some of the opinions that have been published online. Start with the official statement by Doris Meissner, Commissioner of the U.S. Immigration and Naturalization Service. In an Interview with the Miami Herald, U.S. Attorney General Janet Reno agreed with the INS, saying she saw no basis for reversing the INS decision. There are plenty of legal precedents for the reuniting of Elián with his father. Read the list compiled by Nelson P. Valdés, Professor of Sociology at the University of New Mexico.

U.S. and international law seems to favor returning Elián to Cuba, so why do so many American's and Cuban exiles want him to remain in the United States? Why is Juan Miguel González refusing to come to America to get his son, and why would Fidel Castro allow him to leave Cuba at the first news of his son's survival? Is Juan being coerced in any way by the communist Cuban government? Did Juan lie when he said he knew nothing about Elián attempting the journey to America? Get more insight by reading Tug of War, a transcript of the Jim Lehrer debate on the issue.

This is a textbook example of an issue with two very clear sides, and no clear right or wrong answer. Whose rights take precedence, the right of the father to exercise legal custody of his son or the right of a child refugee who, having lost his mother and stepfather, wishes to remain in a free country? After all the politicking and grandstanding from leaders who seem preoccupied with turning Elián a symbol, what really is the best resolution? What is best for Elián?

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