From staff and wire reports
MIAMI -- The U.S. government will meet its 9:30 a.m. EDT Friday deadline
to
respond to a temporary court order blocking the removal of 6-year-old Elian
Gonzalez from the country, a spokeswoman for the Justice Department has
confirmed.
Carol Florman said the deadline would be met to respond to the temporary
stay
issued Thursday by U.S. Judge J.L. Edmondson of the 11th Circuit Court
of
Appeals in Atlanta
Florman said she believes the motion by Elian's Miami relatives is on a
"fast-track" for action by
the appeals court and Justice officials have hinted that the case could
end up at the U.S. Supreme
Court with the losing side seeking an emergency injunction.
Meanwhile, the issue of where Elian Gonzalez should eventually live appeared
to distance father
and son, after a video was released which shows the 6-year-old telling
his father, Juan Miguel
Gonzalez, that he does not want to go back to Cuba.
INS now has legal custody of Elian
The federal court stay came shortly after the boy's Miami relatives on
Thursday afternoon
defied the Justice Department's order to hand Elian over to federal officials.
However, late Thursday, the Justice Department said that the Immigration
and Naturalization
Service now has legal custody of Elian even though he remains in the home
of his great-
uncle.
When parole in the care of Lazaro Gonzalez was revoked Thursday at 2 p.m.
EDT, legal custody
reverted to the INS. "At the appropriate time, we will transfer it to the
father," an INS official said.
The temporary stay order issued by Judge Edmondson applies not only to
federal
immigration officials but to the boy himself and to "any and all persons
acting for, on behalf of, or in
concert with Elian Gonzalez," the order states.
The order has to be confirmed or rejected by a three-judge panel that will
meet to consider it,
perhaps as early as Friday.
That same court is considering a petition from Elian's Miami relatives
for an injunction blocking
any government attempt to take the boy away from his U.S. relatives until
the family's appeal --
arguing that Elian should be given an asylum hearing -- is settled.
Earlier, the Justice Department, at the court's request, agreed not to
remove Elian from the
Little Havana home of his Miami relatives until the court rules on the
U.S. relatives' petition for an
injunction.
Florman said the ruling renders the earlier agreement moot, meaning federal
authorities
could now take custody of Elian if directed to do so.
But she indicated such action is not likely before the three- judge panel rules.
Deadline passes; Elian stays in Miami
Elian's great-uncle Lazaro Gonzalez defied the 2 p.m. Thursday deadline
from the
Justice Department to surrender Elian at the Opa-locka Airport near Miami
so the
boy could be taken to his father.
Lazaro met with some of the thousands of his supporters outside his home,
shaking hands like a politician at a campaign stop. His daughter, Marisleysis,
gave protesters cups of water.
Shortly after the deadline passed, 200 Miami-Dade police officers who had
taken
up positions to guard the general aviation airport disbanded.
About two hours before the deadline, Attorney General Janet Reno had said
defiance by Elian's U.S. relatives would be met in a "reasonable, measured
way."
"We have the authority to take action," Reno said. "But responsible authority
means not only being able to take action, but knowing when and how to take
that
action."
After Reno and the relatives failed Wednesday to reach a handover agreement,
the attorney general ordered them to deliver Elian to the airport or to
turn over
the boy to federal officials at their home for delivery to his father,
who is in the
Washington area.
Reno has returned to Washington.
Miami kin lose state court fight
In a separate development, a Florida family court judge rejected the Miami
relatives' request filed earlier this week to intercede and prevent the
INS from
taking the boy. Judge Jennifer Bailey said she had no jurisdiction.
In Washington, U.S. President Bill Clinton said he supported Reno's position.
"This case is about the rule of law," Clinton said. "It is our responsibility
to
uphold the law."
Reno, who has met Elian, said that no matter how the case turns out, she
would like the
opportunity to see him again.
"I would like to see the day ... where I can meet Elian, wherever he is,
and sit down
and talk to him, not about the tragedy and trauma that he has been through,
but about
himself and what his interests are," Reno said. "He is obviously a wonderful
little boy."
'I don't want to go to Cuba'
The home video released by the U.S. relatives shows Elian addressing his
father
in Spanish, saying: "Dad, I do not want to go to Cuba. If you like, stay
here. But
I do not want to go to Cuba."
Sitting on a bed, Elian holds up an index finger, as if to make a point.
It is not clear who was in the room with Elian or if he was being coached
on
what to say. The Miami relatives said the tape was made after the collapse
of
Reno's talks with the family and that the words were his own.
Also Thursday, Gregory Craig, the U.S. lawyer for Juan, told reporters
that his
client is having "to live the nightmare that he most dreaded."
Craig said, "While waiting here for his son to be returned to him, he has
been
forced to watch Elian exploited by those who have him in their care. On
the
morning shows on national television, in the streets of Miami and now most
recently in a videotape taken of Elian in his own bedroom."
Craig said the U.S. relatives have "emotionally damaged and exploited this
most
wonderful little boy."
Craig accused Lazaro of breaking the law by defying the handover deadline,
and
the lawyer insisted that the attorney general enforce the law.
Juan, who arrived in the United States a week ago to get his son and return
him
to Cuba, has been staying at the home of a Cuban diplomat in the Washington
suburb of Bethesda, Maryland.
Father says he got $2 million offer
Juan said on Thursday he has been offered $2 million, a house, car and
job
to remain in the United States and not return to Cuba, a former U.S. senator
told reporters outside the suburban house.
Dennis DeConcini, former Democratic senator from Arizona, paid a visit
to
Elian's father and said he asked Juan Gonzalez if he had been offered money
to remain in the United States. "He said, 'Yeah, a couple million.'"
"He said he was offered by the great-uncle down there -- he left me with
the impression that the money came from other sources, besides the uncle
--
and that it would be a house and a car and a job and $2 million if he would
stay here in the United States."
Asked by reporters how the father was able to turn down such an offer,
DeConcini said, "He said, 'I have only one objective, and that is my son.
There is no price for my son.'"
"He said, 'I have no reason that I would want to leave Cuba. I love Cuba,
my
family is there, I have a job there,'" said DeConcini, who works with the
Alliance
for a Responsible Cuba, an organization pushing for the easing of sanctions
against Communist Cuba.
DeConcini said he was convinced the father was speaking from his heart
and
deeply wants to be reunited with his son after more than four months apart.
'We will not turn this child over'
Lazaro has defiantly insisted that he would not relinquish custody of the
boy he
has cared for since Elian's mother drowned off the Florida coast more than
four
months ago.
"We will not turn this child over, not in Opa-locka, not in any 'locka,'"
he said in
Spanish after Wednesday night's 2 1/2-hour meeting with Reno and INS Director
Doris Meissner. "They will have to take this child from me by force."
Moments later, however, Manny Diaz, an attorney for the family, took a
less
defiant tone, saying, "If there is a legal mandate, they will follow the
law."
Family spokesman Armando Gutierrez said that if authorities show up, "Lazaro
will open the door and say, 'Come on in.'"
First, though, they would have to get past protesters who threaten to link
arms
and form a human chain around the house, using passive resistance in an
attempt
to block any attempts to remove Elian.
Gutierrez said the family will allow a TV pool camera inside the home to
record
the arrival of plainclothes U.S. marshals and INS agents should they come
to the
house.
"We want to prove to the world this family will not defy authorities,"
the
spokesman said.
Reno's meeting Wednesday with Lazaro, his daughter, Marisleysis, and other
relatives -- including Elian -- was held at the gated Miami Beach home
of Sister
Jeanne O'Laughlin, the nun who was host of a January meeting between Elian
and his grandmothers from Cuba.
O'Laughlin told CNN that Lazaro won't take the boy to a transfer point
because
he feels it would be a betrayal of a child who already lost his mother
and now
stands to be separated from Marisleysis, the 21-year-old cousin who regards
herself as a mother figure to Elian.
O'Laughlin, who had been neutral in the case but now sides with the Miami
relatives, also said Elian "is afraid to see his father and that has been
said (under
circumstances that indicate) we know it was not coached."
But it was not clear if that meant Elian feared physical harm or just that
he didn't
want to be separated from the Miami relatives.
O'Laughlin said Elian is petrified of travel, thinking it means he'll have
to get on a
raft and ride on water. The child spent 50 hours floating on an inner tube
off the
Florida coast before his rescue last November.
"He knows that something very serious is happening and when he hears about
anything that looks like he might have to go away, he becomes very sad,"
O'Laughlin said.
Elian was rescued by two fishermen while clinging to an inner tube in the
Atlantic Ocean on Thanksgiving Day. His mother and 10 other people fleeing
Cuba drowned when their boat sank. Elian was one of three survivors.
Since then, his Miami relatives have been caring for him while fighting
in court
for Elian to have an asylum hearing. The Clinton administration has ordered
Elian
back to his Cuban father, saying only Juan can speak for the boy on immigration
matters.
A federal judge affirmed that decision and the family has appealed.