BY ALFONSO CHARDY
The prelude to the saga of Elián González was a
frantic telephone call from Cuba three
days before Thanksgiving.
Juan González Hernández, Elián's grandfather,
was on the line from Cárdenas
alerting his sister Georgina Cid in Little Havana that the boy
and his mother were at
sea.
Elián's Miami relatives would later cite the call -- at
9:01 p.m., Monday, Nov. 22 -- as
evidence that the boy's father, Juan Miguel, wanted his son to
stay in Miami. But Georgina
Cid months later would recall the conversation as merely one
passing on and seeking
information.
``It was to say that they were on their way and to be on alert
and that if we learned something
of their arrival or whereabouts that we should call them,'' Cid
said.
Three days later, Elián would be pulled from the sea by
a pair of men out on a fishing trip
and a seven-month family squabble over the 6-year-old would blossom
into an international
crisis.
A review of key events in the Elián case chronicles how
misunderstandings and
miscalculations contributed to creating that crisis.
Some U.S. officials now admit that two decisions made in the first
days after Elian's
rescue at sea contributed to the problem:
Releasing Elián into the care of Lázaro González,
the boy's great-uncle, without first
checking with the father. This happened despite the fact that
contact was established
with the family in Cuba while the child was still being treated
at Joe DiMaggio Children's
Hospital in Hollywood.
Not moving quickly enough to remove the boy from Lázaro's
care once immigration
officials decided he had to be reunited with his father. That
decision was made Jan. 5, but it
wasn't until months later -- on April 22 -- when federal agents
took Elián from his
great-uncle's Little Havana home by force.
From the outset, Washington's position in the case was inconsistent
and filled with
miscalculations.
Immigration officials departed from normal procedure by giving
the child to Lázaro Nov.
26, the day Elián was released from the hospital. Normally,
when an unaccompanied
migrant child arrives in South Florida, he is sent to Boys Town
-- a facility for
unaccompanied children -- pending a check for next of kin.
``They acted too hastely,'' a Clinton administration official said.
Maria Cardona, an Immigration and Naturalization Service spokeswoman,
said her
agency released Elián to Lázaro because officials
felt the boy needed a caring family
environment after losing his mother in the tragedy at sea.
Then, after Elián's father made his first public demand
for the boy's return -- three days after
the rescue -- the U.S. government wavered.
Initially, INS said custody was up to the courts.
But the Clinton administration abruptly changed course a few days
later after Fidel
Castro, on Dec. 5, gave the United States 72 hours to agree to
return Elián or Cuba would
boycott migration talks eight days hence. A Cuban boycott of
the talks could have led to
the disruption of U.S.-Cuba accords that prevent another refugee
exodus.
Forty-eight hours after Castro's threat, the State Department
signaled a willingness to
return Elián.
Clinton administration officials now say the reason the United
States reversed course was
a Cuban diplomatic note containing the father's demand -- not
Castro's threat.
``That's when we realized there was a father claiming his son,''
said Cardona, the INS
spokeswoman.
Raúl Hernández, program coordinator for the United
States Catholic Conference, which
assists the INS in placing unaccompanied minors, said the decision
to hand over Elián to
Lázaro when doctors released the boy from the hospital
was not business as usual.
Typically, Hernández said, INS places unaccompanied migrant
children in detention
pending a ``suitability assessment'' of the household of a local
relative willing to care for
the child.
In Elián's case, the child went to live in Lázaro's
house without a prior assessment.
The assessment was conducted after Elián was already living
there.
Cardona defended the INS' decision to allow Lázaro to take
Elián home, citing the
traumatic circumstances of Elián's arrival.
Elián's father insists that he made it clear he wanted
his son returned from the outset. The
first documented instance of that, however, is not until Dec.
11, when a phone call between
Juan Miguel and Lázaro's daughter -- Marisleysis -- was
taped in Cuba. A transcript
of the call was later published in the Communist Party daily
Granma.
``I want that child to be next to me,'' Juan Miguel reportedly said.
Marisleysis replied that Elián did not want to go back to Cuba.
``Before the Virgin of Charity and the Sacred Heart of Jesus,
I swear to you, that I
asked him if he wanted to go back there with his father, and
you know what he
said to me? `Let him come here if he wants.' ''
Over the next few weeks, U.S. officials would twice interview
Juan Miguel in Cuba
to determine what he wanted to have happen. On Jan. 5, the INS
announced that
it had concluded that Juan Miguel was sincere in his desire to
have his son
returned to Cuba and that the INS would honor his request. They
gave the family
until Jan. 14 to come up with an agreement for the boy's return.
``Not removing the child immediately was a mistake,'' one Clinton
administration
official said.
``I disagree,'' said Cardona, the INS spokeswoman. ``From the
beginning, we were
very sensitive to Elián's needs and balanced that with
the Miami family's desire to
review our decision in court.''
Lawyers for Elián's Miami relatives began taking legal
steps to block any INS
attempt to return the boy to Cuba.
They sued first in state family court and Judge Rosa Rodríguez
barred removal of
Elián from Miami peding a custody hearing. Another family
court judge later
nullified that ruling.
On Jan. 12, Attorney General Janet Reno stepped in.
She rejected Judge Rodríguez's authority to rule in the
matter -- but in a
concession to the Miami family she encouraged it to take the
case to federal
court.
A week later, lawyers sued in federal court asking it to order
INS to give Elián a
political asylum hearing.
On March 21, Judge K. Michael Moore ruled for the INS. The Miami
family
lawyers appealed to the 11th Circuit Court of Appeals in Atlanta.
Elián's father, meanwhile, suddenly agreed to travel to
the United States arriving
in Washington on April 6 with his new wife and their baby. Things
came to a head
April 12 when Reno herself flew to Miami to make a personal appeal
to Lázaro.
Spurning Reno's appeal, Elián's Miami relatives challenged
the government to
send in federal agents to take the boy by force.
In the predawn hours of April 22 armed federal agents raided Lázaro's
home and
flew Elián to Andrews Air Force Base outside Washington
where his father
awaited.
Since Elián's Miami family was still appealing Judge Moore's
decision, INS
ordered Juan Miguel not to leave the United States with the boy.
On June 1, a three-judge panel of the appeals court in Atlanta
upheld Moore's
decision. Miami family lawyers then appealed to the full court,
which rejected the
appeal on Friday.
On Monday, the Miami family appealed to the Supreme Court, which
turned down
the case on Wednesday -- the day Elián returned with his
father to Cuba.
Herald staff writers Andrés Viglucci, Elaine de Valle,
Jay Weaver, Ana Acle,
Frances Robles and Sandra Marquez Garcia contributed to this
report.