BY JAY WEAVER AND ANDRES VIGLUCCI
U.S. immigration authorities, suspicious that lawyers for Elian
Gonzalez's Miami
relatives will try to avoid directly challenging a decision to
return the boy to Cuba,
are devising strategies to force the family into federal court,
where the government
is certain it will prevail.
Publicly, U.S. Attorney General Janet Reno sounded a conciliatory
note on
Thursday, once more appealing to the boy's relatives in Miami
to cooperate in
reuniting Elian with his father in Cuba.
``I think it is so important that people of goodwill come together,
work through the
processes of law as soon as possible, and get the boy home to
his father,'' she
said, declining to spell out the government's options while reiterating
that she has
ruled out seizing the boy.
But behind the scenes, Justice Department officials said, government
lawyers are
readying a plan to call the family lawyers' bluff if they fail
to fulfill their threat to go
to federal court next week to block Elian's return.
Legal strategists believe the Miami lawyers are reluctant to take
the matter to
federal court because they recognize the chances of winning there
are slim.
Federal courts have long deferred to the attorney general's broad
powers in
enforcing immigration laws.
``Clearly we want to give the family in Miami an opportunity to
carry out what they
say they have wanted to do, which is to take the matter into
court,'' one Justice
official said. ``However, if their public statements are not
backed up, and they
engage in stalling tactics, we will certainly not let the matter
just sit.''
Precise tactics have not been decided, the official said. The
Immigration and
Naturalization Service has clearly been at pains to avoid coming
off as
heavy-handed.
But the INS set the stage for one possible scenario late Thursday
when it rejected
a second request for political asylum filed on Elian's behalf
by his great-uncle,
Lazaro Gonzalez. The agency again ruled, as it had last week,
that only Elian's
father in Cuba, Juan Miguel Gonzalez, can act for the boy.
The agency believes the rejection may trigger a challenge in federal
court by the
Miami relatives' attorneys, who called the INS decision ``another
example of
violating Elian's civil rights.''
``We intend to do it,'' said Spencer Eig, a member of the family's
legal team.
``This case evolves every day.'' He declined further comment.
If they don't, the agency could force the Miami lawyers' hand
by issuing a demand
that the family turn over the boy at a precise date and time,
knowing full well they
are unlikely to do so. The family's lawyers have already said
they would disregard
an INS request to surrender the boy.
But legal experts say a demand to produce the boy, if ignored,
could lead to a
swift federal court order forcing the family to comply.
``In the absence of cooperation from the relatives, the INS could
go to federal
court to have a judge make Elian appear so that he can be reunited
with his
father,'' University of Miami law professor David Abraham said.
Alternatively, a request to produce the boy could prompt the family's
lawyers to
seek to block it in federal court, the only venue for such a
challenge.
In any case, legal experts and the government believe, INS is
likely to prevail: ``At
the end of the day, the world will see they didn't have much
of a case, but at least
they got a chance to make it in court,'' Abraham said.
Justice strategists believe that neither the family nor its lawyers
would risk
defying a federal judicial order.
``There is a great deal of rhetoric, but the reality is that we
believe everyone
involved in this process will respect the final outcome under
the law,'' the Justice
official said.
After saying he would discuss the team's strategy, Roger Bernstein,
an attorney
for the Miami relatives, failed to return phone calls from The
Herald to his office.
LAWYERS DISAGREE
There has been disagreement among the lawyers representing Elian's
relatives
regarding when or even whether to go to federal court, recognizing
they could be
walking through a legal trapdoor.
Earlier in the day, another of the family's lawyers, Jose Garcia-Pedrosa,
said in
defiant tones that he had advised Lazaro Gonzalez not to turn
over the boy.
Garcia-Pedrosa contended in an interview that an emergency protective
order
granted by a Miami-Dade Circuit Court judge legally keeps Elian
here until a
March 6 hearing on temporary custody sought by his great-uncle,
even though
Reno on Wednesday rejected the judge's authority to do so.
Garcia-Pedrosa also maintained that a congressional subpoena for
Elian, issued
by U.S. Rep. Dan Burton, R-Ind., also prevents the boy from leaving
the country.
``My advice now to Lazaro is, `If they come to get the boy, the
answer is no,' ''
Garcia-Pedrosa said. ``We have a state court order and we have
a congressional
subpoena that say the boy should not be taken from this jurisdiction.
INS has no
right to take this boy from here. We are not going to surrender
him.''
Supporters of Elian's Miami family have all but conceded that
their principal goal
is to delay the boy's return until Congress can reconvene Jan.
24 and consider
several proposals to grant him legal status in the United States.
WEIGHING OPTIONS
U.S. Rep Ileana Ros-Lehtinen, R-Miami, said Thursday that several
members of
Congress are trying to hammer out a single piece of legislation
to grant Elian
legal standing. That would likely remove the INS' jurisdiction
over the case.
``It's difficult to accomplish, but it's a bipartisan group of
folks working on it, said
Ros-Lehtinen, who said the group is now focusing on plans other
than granting
Elian citizenship. U.S. Rep. Bob Menendez, D-N.J., has suggested
that
permanent legal residency status for Elian would be more viable.
In the meantime, Miami street-protest leaders said they would
not call any new
demonstrations to allow time for the expected court battle. Activist
Ramon Saul
Sanchez said exiles would join marches by African Americans on
Saturday and
Monday in observation of Martin Luther King Day.
``A lot of people wanted to continue to protest, and we were able
to persuade
them not to because it doesn't make sense now,'' Sanchez said.
FATHER ON TV
In an interview with ABC's Nightline broadcast late Thursday,
Elian's father
expressed extreme frustration with the delay in his son's return.
``The custody of
the child is mine,'' he said. ``The courts in Miami or in the
U.S. have no
jurisdiction. What they have to do is send the child back to
me. I think that this
has been clarified more than once.''
The Cuban government said it expects 100,000 mothers to march
by the building
housing the U.S. Interests Section in Havana today to demand
Elian's return.
Raquel Rodriguez, Elian's maternal grandmother, told MSNBC in
an interview that
exiles pressing for the boy to remain in Miami have ignored her
pain: ``I lost my
only daughter and he's my only grandson. He's the only thing
I have. I feel
horrible.''
The boy's mother and 10 others perished when their boat foundered off Florida.
In Miami, after Elian returned home from school Thursday afternoon
-- one hour
later than usual because he stayed behind for an intensive English
lesson --
Lazaro Gonzalez delivered to reporters one of his most heartfelt
statements about
the boy.
``The reason why I'm in this is because the child has to have
an opportunity to be
free, that's how his mother would have wanted it,'' Lazaro Gonzalez
said. ``The
question I always ask is, if the father is really interested
in being with his child,
why doesn't he make an effort to come here?''
Herald staff writers Ana Acle, Karen Branch, Alfonso Chardy and
Frank Davies,
and Herald translator Renato Perez contributed to this report.
Copyright 2000 Miami Herald