MIAMI (CNN) -- Federal officials will try again on Wednesday to obtain
written
assurances from Elian Gonzalez's Miami relatives that the boy will be handed
over if
the family fails to win an appeal.
The relatives are challenging a lower court ruling that the U.S. Immigration
and
Naturalization Service has the authority to reunite the 6-year-old boy
with his father in
Cuba.
"Under federal immigration law and INS procedure, the government routinely
requests written assurances that individuals paroled into the United States
will
comply with the terms of their parole," said INS spokeswoman Karen Kraushaar.
She said the government was asking Elian's great-uncle Lazaro Gonzalez
to sign
the following agreement:
"That he will cooperate with an orderly transfer of Elian Gonzalez in the
event of an
adverse ruling by the U.S. Court of Appeals and barring emergency injunctive
relief
from the Supreme Court."
Parole could be revoked Thursday morning
The INS sent a letter Monday night warning the boy's great-uncle of the
consequences
of not signing such an assurance.
"Without a specific written commitment, ... we have no choice but to move
forward
with the termination of Elian's parole as of Thursday, March 30, 2000 at
9 a.m.," the
letter said.
The government letter did not indicate when or how federal authorities
will arrange
for the transfer of Elian's custody.
Lazaro Gonzalez's daughter told CNN that she would not sign such a paper.
"Honestly, I would not want my father to sign that. To me, that's betraying
Elian," said
Marisleysis Gonzalez on CNN's "TalkBack Live.
Marisleysis Gonzalez also said that even if her family loses in court,
the only person
they would turn the boy over to is his father, and only at their home in
Miami.
"I would like his father to come and pick him up," Marisleysis said. "Because
I know
he's safe and I know that I put him in good hands. I will not give this
little boy to anybody."
Her family's attorney's met with INS officials earlier Tuesday.
"They said sign the piece of paper or we're taking the kid," said the Gonzalez
family's
spokesman, Armando Gutierrez.
The family could ask for a stay, pending how the appeals court rules. But
if they are
turned down, that would give another green light to the INS to return the
boy to Cuba.
An 'excuse to arrest Elian'
But INS spokeswoman Kraushaar said officials are concerned for the child,
and that
the agency is trying to "resolve this matter in a way that avoids additional
trauma to
him."
"It has been nearly 12 weeks since the commissioner's decision, and four
months since
Elian was separated from his father and lost his mother," Kraushaar said.
"As District
Court Judge Moore said in his ruling last week, 'Each passing day is another
day lost
between Juan Gonzalez and his son.'
"We continue to urge everyone involved to work together to understand,
respect and
uphold the bond between parent and child and the laws of the United States,"
she
added.
Monday's INS letter came on the same day that the 11th U.S. Circuit Court
of Appeals
agreed to hear an appeal by the Miami relatives to reverse a lower court
decision that
allowed the Justice Department, which oversees the INS, to return the boy
to Cuba.
The court gave the relatives until April 10 to file their appeal, and oral
arguments in the
case have been scheduled for the week of May 8 in Atlanta.
Spencer Eig, the family's lead attorney, said Monday the Miami relatives
were not in
violation of the government's ultimatum and said the Justice Department
is looking for
an "excuse to arrest Elian."
"INS has asked Lazaro Gonzalez to sign a piece of paper guaranteeing that
he'll do
anything they tell him to do," Eig said. "No attorney would ever advise
a client to sign
such an open-ended guarantee."
Havana calls for 'drastic action'
Elian was found clinging to an inner tube off the Florida coast last November
25. He
was one of three survivors of a shipwrecked immigration attempt from Cuba,
that left
his mother, stepfather and nine others dead.
Since the start of the case, the Miami relatives and their supporters among
the
Cuban exile community have contended that the boy would face a miserable
future if
he was returned to Cuba.
But Castro, saying the boy has been "kidnapped" by his great-uncle Lazaro
Gonzalez and what he terms the Miami "mafia," has mobilized huge protests
in
Cuba to call for his return.
In a speech on Sunday, Castro said some Cubans were now calling for drastic
action
to obtain Elian's return, up to and including an armed rescue mission.
Other views cited by Castro as "spontaneous opinions from the people" called
for a
blockade of the U.S. diplomatic mission in Havana and an opening of Cuba's
frontiers
to unleash a flood of migrants toward the United States.
Castro said subjecting Elian to the television interview was "monstrous
and
sickening."
"You cannot do this without the authorization of the father," Castro said.
"I sincerely
think that this boy is at risk in the hands of desperate people, and the
government of
the United States should not be running this risk."
Producer Terry Frieden, Correspondent Susan Candiotti, The Associated Press
and
Reuters contributed to this report.