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CUBAN-US SHOWDOWN OVER REFUGEE CHILD CONTINUES   
Yet another tragedy has occurred involving an attempt by Cubans to escape to the US, this time involving not only the deaths of many of those attempting to immigrate but also what is rapidly becoming an international child custody dispute.  Thirteen people, including a five-year old boy, Elian Gonzalez, were in a boat that sank of the coast of Florida.  Among the 10 people who died was the boy’s mother.  Her death has led to intense debate over the boy’s fate. 
Like many Cubans, Elian has family in Florida, and they want for him to stay in the US.  The boy’s father, who remains in Cuba, maintains that Elian was kidnapped by his mother, and wants him returned to Cuba.  The boy has been released into the custody of relatives while a decision is reached.  This decision will undoubtedly be a difficult one, pitting as it does the traditional American view that a child should be raised by a parent against long standing hostility to Cuba and the knowledge of the country’s increasing economic woes.  
The federal government has declined to have any role in the custody battle, saying child custody determinations are best left to state courts.  Most people involved hope the matter can be resolved without resorting to the courts.  However, because Elian is an alien, there are issues not normally found in child custody cases, even ones that involve international kidnapping.    
Under the Cuban Adjustment Act of 1966, Cuban nationals can obtain lawful permanent residence in the US.  In 1995, a new migration agreement was entered into under which only those people who actually set foot on US soil are allowed to become permanent residents, and others are returned to Cuba.  Elian was found at sea by a fisherman, and would ordinarily have been returned to Cuba.  However, he was taken ashore by the Coast Guard, according to officials for medical treatment, where he became eligible under the Cuban Adjustment Act.  Cuban officials point to this as evidence that the US is not following its own rules.
Cubans who do not make it to US soil may still apply for asylum, and an asylum application has been filed on behalf of Elian.  However, the case does not clearly demand a grant of asylum.  Asylum is granted to a person who has suffered persecution or has a reasonable fear of future persecution because of a few protected grounds – religious and political beliefs, nationality, and membership in a particular social group.  At this stage, it is difficult to see how Elian’s case could meet this standard.  Moreover, it is questionable that a six year old will be able to establish a reasonable fear of anything as is normally understood in the law.  
Elian will remain in the US until at least January 21, 2000, the date the INS has set for an initial hearing in his asylum case.  Meanwhile, five leading Republican Senators have called for Elian to be granted US citizenship.  Congress can grant a person citizenship by a private bill, a special type of legislation designed to benefit a single person.