ANDRES VIGLUCCI AND JAY WEAVER
U.S. officials Thursday delivered an ultimatum to the Miami relatives
of Elian
Gonzalez that could bring the custody dispute over the boy to
a quick end by
forcing the family's lawyers to exhaust their legal options right
away.
In a letter to the relatives' lawyers, the Department of Justice gave
the family
until noon today to agree to a speedy appeal of the federal court
ruling that
upheld Attorney General Janet Reno's decision to return the boy
to Cuba.
That would wrap up the appeal within three weeks, as opposed
to several
months under the usual process.
Underlying the government's gambit is a presumption that the 11th
Circuit
Court of Appeals in Atlanta will uphold U.S. District Judge K.
Michael
Moore's ruling Tuesday that cleared the way for Reno to reunite
Elian
with his father in Cuba. The Miami relatives immediately filed
a formal
notice of their intention to appeal Moore's ruling.
If the family does not agree to an expedited appeal, the letter
says, the
Immigration and Naturalization Service will move to carry out
its decision.
That could include revocation of the boy's temporary parole,
followed by a
formal demand that he be turned over to the INS for the trip
to Cuba. Reno
has said Moore's order is all the INS legally needs to remove
the boy.
USE OF FORCE
Government officials say using force to take the 6-year-old is
only a last
resort. They hope the Miami relatives, faced with the end of
their legal
options, will comply and voluntarily turn over the boy.
One of the relatives' attorneys said Thursday evening the legal
team had just
received the letter and had not had a chance yet to consider
it.
``I'm going to discuss it with the team and will come to a conclusion
whether
it's acceptable or not,'' the lawyer said, asking that his name
not be published
because of the sensitivity of negotiations with the government.
``We are
weighing our options.''
The letter from the Office of Immigration Litigation, a branch
of the Justice
Department, proposes that the government and the relatives join
in a request to
the appellate court that it expedite the Miami family's appeal
of Moore's order, the
lawyer said. Such requests are typically granted.
If the relatives lose the appeal, they would agree to turn over
Elian promptly to the
INS. Should they choose to take the case to the U.S. Supreme
Court, the
relatives' lawyers would have to ask the high court for an emergency
appeal,
which would be rapidly concluded.
The lawyers' goal in court has been to win a political asylum
hearing for Elian,
who lost his mother in a boat journey from Cuba to Florida. But
his Cuban father,
Juan Miguel Gonzalez, has said repeatedly that he wants his son
returned to
Cuba.
Justice Department officials have been struggling with how best
to carry out the
decision to return Elian home without causing undue trauma to
the boy or
sparking angry demonstrations in Miami. By allowing an appeal
to go forward, the
government is hoping to defuse tensions by satisfying the Miami
relatives' and
Cuban exile leaders' demands for a fair hearing of the case.
MOVING QUICKLY
Three days after Moore issued his ruling, Reno said in a morning
news briefing
that she intended to move quickly to end the battle over Elian's
fate.
``The Justice Department wants to follow the court's admonition
that we not delay
the opportunity for this little boy to be with his father,''
Reno said, declining to
reveal any strategy. ``You take each day and try to figure out,
based on new
developments, how the matter can be resolved promptly, fairly
and in an orderly
way.''
But one option that government officials say is not under active
consideration is
forcibly removing Elian from the Little Havana home of his great-uncle,
Lazaro
Gonzalez.
DISSENSION
Two officials say the issue of forcible removal, however, has
caused dissension
between Reno and the U.S. Attorney in Miami, Tom Scott. According
to the
officials, Scott was asked to prepare a plan listing several
options for carrying out
the boy's return to Cuba. Though Scott was instructed to include
a forcible
removal plan as a last resort, he has balked at doing so, raising
concerns that it
could prompt violent protests in Miami.
A spokeswoman for Scott said he would decline to comment.
The government's letter came after weeks of behind-the-scenes
talks between
Justice officials and the Miami relatives' lawyers that failed
to lead to a
compromise. The dispute has been in the international spotlight
almost since
Thanksgiving Day, when Elian was rescued in an inner tube off
Fort Lauderdale.
His Miami relatives filed asylum applications on the boy's behalf,
but the INS
turned down the requests after Elian's father asked the agency
to withdraw them.
INS officials ruled that only the father can represent the boy's
interests. That
decision led to the battle in federal court.
The Miami family has also sought support in Washington.
On Thursday, the family's supporters continued to try to forestall
any INS action.
In response to a request by Florida's Republican Sen. Connie
Mack, Sen.
Spencer Abraham, R-Mich., the Senate Judiciary Committee's subcommittee
chairman on Immigration, asked the INS for a full report on the
case.
When a report is requested in a typical case, the INS doesn't
take any action
until Congress acts or until the end of the Congressional session.
An INS
spokeswoman said the agency was evaluating Abraham's letter,
but noted that
such requests are usually made in removal proceedings, not a
case such as the
Gonzalez controversy.
Herald staff writer Frank Davies also contributed to this report.
Copyright 2000 Miami Herald