WASHINGTON (CNN) -- A key ruling expected at any time could be the signal
for authorities to finally reunite Cuban boy Elian Gonzalez with his father,
Justice
Department officials have told CNN.
Unless an impending federal appeals court ruling bans U.S. immigration
authorities from forcibly removing Elian from the home of his great-uncle,
Justice Department officials are planning to take enforcement action, sources
said
"We will wait for the court to rule, and then we will move," Immigration
and
Naturalization Service spokeswoman Maria Cardona said.
Once in INS custody, the 6-year-old who was rescued at sea nearly five
months
ago would be reunited with his father.
The court's decision could come at any time and would determine whether
Elian
must remain in the United States during legal appeals by his Miami relatives.
At the request of the Miami relatives, a judge from the 11th U.S. Circuit
Court of
Appeals in Atlanta issued a temporary injunction last week that blocked
Elian's father,
or anyone else, from taking the child out of the country.
Government deadline ignored
The federal government responded by asking the full court -- a three-judge
panel
-- to overturn the injunction. The Justice Department also seeks to have
the appeals
court order Elian's great-uncle, Lazaro Gonzalez, to turn over the boy.
If the court chooses not to address the Justice Department request for
a court
order, Justice officials believe they still would have authority to take
enforcement
action.
But their hope is that the court will issue the order, intensifying the
pressure
on the great-uncle because he could be held in contempt of court
should he
refuse to comply.
A government-set handover deadline last week was ignored.
Responding to government charges that Lazaro Gonzalez was no longer lawfully
holding Elian, the Miami family said in a statement Monday there had been
no
legal requirement to deliver Elian into government hands last Thursday.
"We reiterate that Lazaro will not disobey the law," the statement said,
referring
to the family's contention it will not block the way if federal agents
come to get
Elian.
But Cardona, the INS spokeswoman, disputed the claim that Lazaro Gonzalez
had broken no law.
"When he took the responsibility to care for Elian temporarily ... he also
took on
the responsibility to abide by any INS instructions that were given to
him about
the parole of the child," she said.
Doctor: Elian in 'state of imminent danger'
The pediatrician who has been advising U.S. officials on the bitter custody
battle
Monday urged the boy be removed from the home of his Miami relatives because
he was being "horrendously exploited" there.
"Elian Gonzalez is now in a state of imminent danger to his physical and
emotional well-being in a home that I consider to be psychologically abusive,"
Dr. Irwin Redlener wrote in the letter, which was released by the INS.
The prominent New York pediatrician, who also heads the Children's Health
Fund, took particular issue with a home video that the relatives released
to the
media, in which the boy tells his father he does not want to return to
Cuba, and
with recent allegations by the family of abuse by the father.
Redlener said the tape showed the boy "expressing anger and other most
unusual
behaviors on what appeared to be a coached, homemade recording."
The doctor wrote, "I believe there is no justification whatsoever to wait
any
longer in carrying out these actions that I believe are legally appropriate
and,
more important, clearly in the best interest of this child who continues
to be
horrendously exploited in this bizarre and destructive ambiance. It has
gone on
far too long."
The doctor helped the INS choose the team of mental health experts who
met
last week with both Elian's father and his great-uncle.
Reunion resistance
A Justice Department victory in the appeals court in Atlanta could set
the stage
for Elian's reunion in Washington with his waiting father, who wants to
return to
Cuba.
Juan Miguel Gonzalez, who has been living in the Bethesda, Maryland, home
of a top Cuban diplomat since April 6, has said he will wait out appeals
by the
Miami relatives seeking political asylum for Elian -- but only if he has
custody
of his son.
A hearing on the asylum request is set for May 11 in the same appeals court.
The relatives want the court to let them meet with Elian's father without
being
required to surrender the boy.
Even if the appeals court grants the government's requests, the Miami relatives
insist they will never take Elian out of their home in Miami's Little Havana
neighborhood. At the same time, though, they also say they won't resist
if
federal officers come for him.
That sets up the possibility of a confrontation with Cuban-American protesters
who vow to form a human chain to protect Elian.
Some of the demonstrators say they will not give up Elian without a fight.
"There's going to be a big Waco here. We're not going to let that child
be
dragged out of that house. It's a disgrace what's going on here," said
Doris
Socorro, in a voice cracking with emotion.
She was referring to the April 19, 1993, FBI raid at the Branch Davidian
compound in Waco, Texas. About 80 people died when the compound caught
fire.
Elian's U.S. relatives have cared for him since late November, when he
was
found clinging to an inner tube off the Florida coast. His mother and 10
other
people fleeing Cuba drowned when their boat sank. Elian was one of three
survivors.
The Clinton administration has pushed for the boy's return to his father,
ruling
only he can speak for his son on immigration matters. The boy's Miami relatives
say he will have a better life in the United States and have attempted
to portray
Juan Gonzalez as a pawn of Cuban President Fidel Castro.
Bay of Pigs anniversary
Government action to get Elian could be particularly controversial if it
happens
Wednesday, the 39th anniversary of the end of the failed Bay of Pigs invasion
of
Cuba.
In 1961, when the exiles tried to overthrow the communist Castro government,
Cuban forces easily repelled the invasion at the Bay of Pigs -- a swampy,
mosquito-ridden inlet on the island's southern coast.
Two hundred rebels were killed, and almost 1,200 were captured.
Justice Correspondent Pierre Thomas, Havana Bureau Chief Lucia Newman,
Correspondent Susan Candiotti and The Associated Press contributed to this
report.