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U.S. looks for best timing to take Elian

GALLERY
Supporters of Elian's Miami relatives near the home in Miami

Removal from home could come by force, if necessary

April 21, 2000
Web posted at: 12:37 p.m. EDT (1637 GMT)


In this story:

'They probably have a deal with Castro'

Little Havana home monitored

Government options

Elian 'can't grasp' the controversy

RELATED STORIES, SITES icon



WASHINGTON (CNN) -- Attorney General Janet Reno, described Friday as nearly out of options in the Elian Gonzalez standoff, is considering several scenarios for forcibly removing the 6-year-old boy from the care of his Miami relatives so he can be reunited with his Cuban father.

Government preparations, which began last week, could lead to enforcement action at any time, senior law enforcement sources told CNN.

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Reno continues to consult with law enforcement officials on the scene who are giving her guidance on where, when and how action should be taken. It will be Reno and Immigration and Naturalization Service Commissioner Doris Meissner who make that decision, the sources said.

'They probably have a deal with Castro'

In Miami, a spokesman for Elian's U.S. relatives indicated the family isn't worried.

"It's a shame that the government does not find a solution to this problem ... but they probably have a deal with (Cuban President Fidel) Castro so they've got to move," Armando Gutierrez told CNN affiliate WSVN.

While Reno still is open to any proposal for a negotiated transfer of Elian to his father, a Justice Department official portrayed the attorney general as left with virtually no choice other than law enforcement.

"There have always been three trains moving simultaneously down the track -- negotiations for a transfer, litigation and law enforcement," the official said. "We are no longer in the engineer's seat on the negotiation train. We're just passengers."

As previously reported by CNN, the Justice Department went into "enforcement mode" last week after Elian's great-uncle, Lazaro Gonzalez, refused an order from Reno to hand over the boy.

Little Havana home monitored

Since then, government sources said, federal agents have been assessing the situation in Miami, monitoring Elian's movements as well as the size of crowds around his great-uncle's home in the Little Havana neighborhood, in preparation for possible enforcement action there.

Reno has said she would abide by this week's ruling by a three-judge panel of the 11th U.S. Circuit Court of Appeals in Atlanta, which banned anyone from taking Elian out of the United States while his case is on appeal.

The ruling, however, does not prevent a reunion with his father, Juan Miguel Gonzalez.

Elian's father already has legal, if not physical, custody. Last week, the government revoked the temporary custody awarded to Lazaro Gonzalez following Elian's rescue at sea nearly five months ago.

The government prefers that the Miami relatives hand over the child voluntarily. The Miamians have said they won't do that -- adding that they won't resist, either, if federal agents come for Elian.

That resistance complicates Reno's goal of reuniting father and son in a way that minimizes trauma on Elian and hostility from Miami's Cuban-American community.

Government options

While the Justice Department won't discuss publicly any specific law enforcement action under consideration, the senior law enforcement sources say much attention has been given to sending in federal personnel to retrieve Elian, with Miami police being used to maintain crowd control.

Protesters who have gathered regularly outside Lazaro Gonzalez's home have said they would form a human shield to prevent Elian from being taken.

Another Justice Department option under consideration -- but considered less likely -- is to ask a Florida federal court to order the great-uncle to surrender Elian. Refusal by Lazaro Gonzalez could lead to his prosecution on a contempt of court charge.

Any decision to remove the boy from the Miami home would require rigorous planning by federal law enforcement officials, including consideration of factors such as Miami traffic and the weather forecast, U.S. officials said, highlighting Reno's concern for Elian's safety and that of government agents.

"There is a plan. There's probably more than one," the Justice Department official said.

Elian 'can't grasp' the controversy

Thursday evening, Elian spoke to his father by cordless telephone from the yard outside his Miami relatives' home, blowing kisses into the phone -- an act of affection shown by the son because the father insists on it, Gutierrez said.

During the 25-minute conversation, Juan Gonzalez concluded that Elian does not fully understand events going on around him. "He can't grasp it," the father told the Rev. Joan Brown Campbell. She is a former official of the National Council of Churches who has been advising the father.

Campbell said Juan Gonzalez told her that, on advice from psychologists, he did not ask Elian any probing questions.

She said the father complained that the conversation, like all of his phone calls with Elian, was not private. The Miami relatives make the same argument, alleging that the Cuban government is taping the calls. "They hear beep, beep" on the phone line, said Gutierrez.

Juan Gonzalez came to the United States on April 6 in hopes of a quick return to Cuba with his son. Now staying at the suburban Washington home of a Cuban diplomat, the father promises to remain in the United States until the federal appeals court in Atlanta decides if Elian should get an asylum hearing.

A hearing on that request is set for May 11.

Elian was rescued by two fishermen while clinging to an inner tube off the Florida coast on November 25. He and two others survived, but his mother and 10 others drowned when their boat sank while trying to reach the United States from Cuba.

The boy's Miami relatives have cared for him ever since. They insist Elian will be better off living with them and argue that the boy would be psychologically harmed and face persecution if he is returned to communist-ruled Cuba.

Justice Department Correspondent Pierre Thomas, Correspondents Jean Meserve and Susan Candiotti contributed to this report, written by Jim Morris.



RELATED STORIES:
Elian's father pleads for son; Clinton backs boy's return
April 21, 2000
Elian's father pleads for U.S. public support; mass protest held in Havana
April 20, 2000
Elian case has potential to alter immigration law
April 20, 2000
Transferring custody of Elian not ruled out, Reno says
April 19, 2000
Elian's well-being debated as court considers case
April 18, 2000
Unless barred by court order, INS to remove Elian from Miami home
April 17, 2000

RELATED SITES:
U.S. Immigration and Naturalization Service
U.S. Department of Justice
Eleventh Circuit Published Opinions
United States Court of Appeals, Eleventh Circuit
LibertyForElian.org - Foundation to Help Save Elian
Granma Internacional Digital, Cuba
  •  Kidnap in Miami
Cubaweb
Cuban American National Foundation

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