Elian's father only have the rights to ask for the asylum. Elian's mother died trying to come to the USA with Elian. So Elian's father do not want his son in the USA, he want his son with him because he loves him. That is his rights.
Okay so if a child tries to enter the USA and does not have a parent supporting an asylum request then the government should storm the house with guns drawn and forcefully deport them. Is this what you are suggesting?