BY CAROL ROSENBERG AND JAY WEAVER
President Clinton on Wednesday urged both sides to cool the ''political
steam''
surrounding the plight of 6-year-old Elian Gonzalez. But in Havana
and Miami
the dispute over the boy's fate remained politically charged.
In Miami, attorneys unveiled a legal strategy to keep the boy
here on grounds
that Cuba is no place to raise a child while, in Havana, Fidel
Castro said the
boy's father might not be willing to meet with U.S. officials.
The father, Juan Miguel Gonzalez, would meet U.S. officials only
if they tell him
when his child would be returned home, Castro said in a message
read to
thousands gathered in front of the U.S. mission.
It was another day of tug of war over the boy, even as the Clinton
administration
was trying to calm nearly two straight weeks of tensions.
''The question is, and I think the most important thing is, what
would be best for
the child. And there is a legal process for determining that,''
Clinton told a news
conference.
He urged that the process be allowed to run its course and that
efforts be made
''to try to take as much political steam out of it'' for the
sake of the boy.
Clinton repeatedly declined to say whether he favored Elian's
return to Cuba. ''Of
course, I would rather grow up in the United States,'' the President
said. ''But
there may be other considerations.''
In Miami, meanwhile, lawyers for the boy's paternal great-aunt,
great-uncle and
cousins said they would not challenge the fitness of the boy's
father, Juan Miguel
Gonzalez, 31, to raise his son.
Instead, they said they would petition a federal court to block
Elian's return to
Cuba on the grounds that the boy would live a better life under
America's
democratic system than under Castro's communist regime.
''Our position is not that the father is a bad guy. Our position
is [Elian] should be
granted the freedom for which his mother gave her life,'' said
family law specialist
Carmen Morales, one of five lawyers now working, pro bono, on
the case for the
Miami Gonzalez family.
Elian was found floating on an inner tube off Fort Lauderdale
on Thanksgiving Day,
one of three survivors of an ill-fated attempt to cross the Florida
Straits that left
the boy's mother, stepfather and nine others dead when their
boat capsized and
sank.
Since then Elian has become the focus of a U.S.-Cuban dispute
over custody,
with his father and grandparents in Cuba demanding his return
while some of his
relatives here insist that he remain in the United States.
Spencer Eig, an immigration attorney who has been the family's
chief legal
advisor, said three courses of action would be pursued:
A routine political asylum plea will be filed with the Immigration
and Naturalization
Service.
As a first step toward seeking permanent custody, the relatives
will petition a
Miami-Dade family court to be declared the boy's official guardians,
saying it
would not be in the boy's best interest to grow up in a communist
country.
An injunction blocking his return will be sought in U.S. District Court.
Legal experts unconnected to the case said the strategy is unlikely to succeed.
''I know local passions run high on this issue, and Castro's regime
is the last
remnant of the Cold War,'' said University of Miami law professor
David Abraham.
''But without the ability to show the boy would face persecution
in Cuba, there is
no asylum claim.''
Abraham added: ''Without showing the unfitness of the father,
there is no
guardianship claim.''
The U.S. State Department announced Tuesday night that the immigration
service
would invite the father, formally, to present proof of his paternity
and that U.S. law
recognized parental rights in cases of this type.
'STRICT GUIDELINES'
U.S. government officials will follow strict legal guidelines
on the custody
questions, Clinton said. The President said he could not comment
on the specific
case, because he did not have an in-depth knowledge of the facts.
The President's remarks, in response to three separate questions
at a nationally
televised year-end news conference, reflected how much national
attention Elian's
case has received.
His comments also revealed how the focus of the child custody
standoff has
shifted: For days, acrimony between the United States and Cuba
has been on
display. Wednesday, Clinton and other officials were careful
to say nothing critical
of either side in the dispute.
State Department spokesman Jim Foley said Wednesday: ''This case
will be
followed according to normal procedures. It has nothing to do
with Cuba as such.
There are no special procedures. It will be followed according
to the book.''
Because the Immigration and Naturalization Service has five workers
permanently
stationed in Havana, at the seaside U.S. Interests Section, Elian's
father could
meet with one of them at the U.S. Interests Section, or an INS
representative
could visit the father in his home in Cardenas, about 85 miles
east of Havana in
Matanzas province.
NOTE DELIVERED
Wednesday night, U.S. Interests Section mission chief Vicky Huddleston
hand-delivered a diplomatic note to Cuban officials just after
8 o'clock.
U.S. diplomatic sources said the letter explains to the child's
father how to
exercise his parental rights. It also invites him to meet a U.S.
immigration service
officer to present proof of fatherhood.
In Havana, the government was stonily silent on the development
aside from the
late-night statement from Castro read outside the U.S. mission,
where tens of
thousands of protesters heard political speeches and music.
Although Castro said the father might not meet with U.S. officials,
he also offered
more conciliatory words, saying that Clinton ''without question''
is trying to find a
''correct exit'' to the impasse.
''Look for an honorable and dignified formula for both sides that
won't allow for the
least bit of suspicion, manipulation, dishonesty or tricks, that
won't delay for a
second the boy's return,'' Castro urged.
The streets in front of the mission cleared quickly, although
bleachers and
microphones were still up late Wednesday, and the police presence
remained
strong. Cubans in the areas were reluctant to discuss Elian.
But the Gonzalez case has struck a cord in Cuba. Both the Roman
Catholic
Church there and leading dissident Elizardo Sanchez of the Cuban
Commission
of Human Rights and National Reconciliation have called for the
child's return to
the island.
''The privacy and the innocence of the child should be protected,''
said Cuba's
Conference of Bishops.
Aside from the lawyers' wranglings, Miami's response was mostly
muted. Exile
activists said they decided against organizing street protests
Wednesday
morning to illustrate that they behave differently from crowds
in Cuba.
There was one exception: Two dozen people hoisted flags and placards
in a
raucous protest at Plaza de la Cubanidad at Flagler Street and
17th Avenue
Wednesday, voicing their displeasure with the administration
position.
''Fidel, Raul, the blame is yours,'' they chanted in unison, fixing
responsibility for
the death of the boy's mother and the other rafters.
POLICE GUARD
Elian remained in the temporary custody of relatives in Little
Havana -- a 24-hour
police guard outside the home, placed there at the request of
Miami City
Commissioner Tomas Regalado.
With television news cameras documenting his move, the boy went
to the home
of other cousins to play.
In Cuba, the government also expressed satisfaction with a U.S.
decision to
repatriate six Cubans intercepted at sea by the U.S. Coast Guard
after they
allegedly commandeered a docked fishing boat northeast of Havana.
''The United States will have complied in this concrete case with
the
commitments laid down in the migration accords,'' the Cuban Foreign
Ministry
said in a statement that sounded friendlier to Washington after
days of bitter
complaints.
State Department spokesman Foley confirmed that the boat and the
six had been
turned over to the Cuban coast guard.
''I can certainly say, because we've had some heated rhetoric
from Havana to the
contrary, that the interdiction of the Cuban vessel on Monday
indeed
demonstrates that the United States remains committed to the
full
implementation of the migration accords and to facilitating migration
to the U.S. in
a safe, legal and orderly manner,'' Foley added.
Herald staff writers Ana Acle, Alfonso Chardy, Elaine de Valle,
Manny Garcia,
Carolyn Salazar and staff translator Renato Perez contributed
to this report.
Copyright 1999 Miami Herald