I’ve only taken an interest in the whole Elain thing since returning from a holiday in Cuba. And it has raised a question: If the ruling says Elian stays in the US, does this not set a precedent?
Afterwards can I (or anyone else) can go running from Canada (or any other country) to the US and find a “better life” without a green card, visa or any other ID? (Yes, but only if you’re a cute kid!) 
Sorry 'bout that, just wanted to ya to the punch!
My fate keeps getting in the way of my destiny.
This case is setting worrying precedents, but that’s not one of them.
Current US immigration law states that Cubans do not need a visa to enter the US - all they need to do is make it to American soil. One year after arrival, they are eligible to apply for a green card. This law applies only to Cubans; if you’re from a repressive military dictatorship that the US government likes, tough luck.
I’ve been curious about this, too. What about the residency status of the great uncle. If he’s found to be in violation of federal immigration laws, can his status be revoked and he get deported?
No, you already can get into the US if you want - all you have to do is prove you would be danger in your home country. And there’s not much of a burden of proof. In most circumstances, Cubans already can stay here if they survive the trip.
The dangerous precedent coming out of Elian is the notion that a 6 year old child has the capacity to make such a serious decision as to whether or not he wants to apply for political asylum. Children just can’t make those kinds of decisions. Psychologically, they just aren’t ready or able.
Up to now the argument has only been about who has the right to argue on behalf of Elian. Under US law the answer is unequivocally his parents, and in this case, his only surviving parent. That right can only be removed if the the parent can be proven unfit and since the Cuban mafia didn’t succeed on those grounds (just because Juan Gonzalez lives in Cuba doesn’t mean he’s a bad parent), they argued semantics in court and somehow convinced a judge to go along with it.
The consequences are serious - what if a 6 year old is very ill and refuses to go to the doctor because he doesn’t want to get an injection? If this decision is extended to its logical end, the parents now cannot force the kid to go to the doctor. What if a kid decides he doesn’t want to go to school? What if a kid decides to apply for his own drivers license? What if a kid wants to purchase tobacco or alcohol? If our courts now say that a 6 year old kid is able enough to make this kind of decision, why can’t he make other important decisions, too?
Anyone in violation of federal immigration laws can be deported, but AFAIK there’s no suggestion that he is.
johnny:
Your last sentence is incorrect; asylum applicants are required to demonstrate a credible risk of persecution in their home country and are sent packing if they can’t. It is true that the burden of proof has always tended to be lower for applicants from countries the US doesn’t get along with. But overall the approval rate of applications has, over the past several years, hovered around 1 in 5. You can find the statistics on the INS home page.
Anyone in violation of federal immigration laws can be deported, but AFAIK there’s no suggestion that he is.
johnny:
Your last sentence is incorrect; asylum applicants are required to demonstrate a credible risk of persecution in their home country and are sent packing if they can’t. It is true that the burden of proof has always tended to be lower for applicants from countries the US doesn’t get along with. But overall the approval rate of applications has, over the past several years, hovered around 1 in 5. You can find the statistics on the INS home page.
::Test Post:: Please ignore this post. If there are multiposts above, please ignore them too.
It’s probably just the beer talkin’ but how 'bout this: Elain becomes a Canadian Citizen? Similar quality of life as the US, plus, as a Canadian, he’s free to enter and leave both Cuba and the US…
My fate keeps getting in the way of my destiny.
Should I ignore both of the multiposts? Or just one?
The Precedent has already been set, and quoted inthe 11th Circuits dec. Polovchak, 1985, 7th C.
Do we really need a 3rd Elian thread?
Of course, both you and the 11th Circuit conveniently overlooked the part in the Polovchak decision where it was stated that young Walter (age 12 at his defection, and 18 when this case was decided - at which point, of course, it became moot) was at the lower end of the age range at which one could make competent decisions of this sort.
And a 7th Circuit decision isn’t binding precedent in the 11th Circuit anyway.
By my estimation this is actually about the tenth.
Sorry about the double post BTW.
Elian can’t be precedent. He has to be 35 years old and a natural-born citizen. 
Seriously, though. I hope Reno comes through and delivers Elian to his father. Then the whole he-can’t-leave-during-the-appeal-process will be a moot point. Why try to keep him here (with his great uncle) when he’s with his father, step-mother, and half-brother.
What I’m afraid of is that there’s going to be some outbreak of violence when the Feds come for Elian.
You must unlearn what you have learned. – Yoda