Court order may delay Elian's return for weeks

The Justice Department is expected to challenge the order Friday morning. But government officials said the order, which stemmed from an appeal filed by the Miami family, might delay any action until next month.

Just an hour before the judge's order, Elian's Miami relatives defied a federal directive to hand over the 6-year-old at 2 p.m. Thursday. The directive came after a failed attempt by Attorney General Janet Reno on Wednesday night to negotiate an end to an ongoing impasse over Elian's fate.

Ms. Reno sounded stern at a news conference early Thursday and promised to enforce the order if the family didn't comply. She sounded more conciliatory 12 hours later after the Cuban-American community mobilized to protest efforts to return Elian to his Cuban father, Juan Miguel Gonzalez.

"I am prepared to enforce the law," Ms. Reno told reporters Thursday in Miami. "But I want to be clear that if we are compelled to enforce our order, we intend to do so in a reasonable, measured way."

Anticipation of the hand-over deadline, and frequent broadcast of a videotape of Elian saying he doesn't want to return to Cuba, drew thousands to the neighborhood around the boy's temporary Miami home. Movie stars, recording artists and numerous politicians encouraged protesters to demand that Elian be allowed to remain in the United States.

The speakers, though, also urged demonstrators to remain peaceful. "I know we Cubans are very passionate," singer Gloria Estefan said. "We do not want people to confuse our loud passion with violence."

Days of resignation that Elian's stay in Miami was nearing an end gave way to a sense of personal victory for many in the crowd after the court's order was read.

"We thought today was the day - that's why we're here," said Julio Rodriguez, 26. "Thanks to our protests, we've gotten somewhere."

The government had ruled that Elian could not be considered for political asylum because only his father, who has requested that his son be returned to him, can make such a request on his behalf.

That ruling was upheld by a federal judge in Miami last month. A temporary injunction was granted Thursday while an appeal is pending with the 11th U.S. Circuit Court of Appeals in Atlanta. The court did not say, however, that Elian could not be reunited with his father, who is staying in the Washington area. But an immediate reunion is not expected.

Pressure on family

The government had gradually increased pressure on the family to turn over Elian, who has lived with his great-uncle since late November. He was rescued Thanksgiving Day after a boat wreck that killed his mother and others fleeing Cuba.

The father came to the United States a week ago in hopes of speeding a reunion with his son. Mr. Gonzalez faced another day of disappointment as another Justice Department deadline for the Miami relatives passed without action, said his U.S. attorney, Gregory Craig.

He said Mr. Gonzalez was also angered by the videotape of his son, filmed late Wednesday and aired all day Thursday on Miami television stations.

Boy 'exploited'

Mr. Craig accused the Miami relatives of breaking the law by refusing to give Elian to his father.

"Not only have these relatives broken the law, they have emotionally damaged and exploited this most wonderful little boy," he said.

Mr. Gonzalez appeared upset when he left the Cuban diplomatic post in Washington, where he attended a meeting Thursday afternoon. He gestured angrily to protesters urging him to defect and remain in the United States.

A Cuban official said the father was so angry that he demanded an opportunity to travel to Miami and tear the boy from the home of his great-uncle, Lazaro Gonzalez.

But the father so far has refused to travel to Florida for a family meeting demanded by the relatives before they'd be willing to transfer custody. Juan Gonzalez has said he fears for his safety among Miami's large exile community and its strong opposition to Cuban President Fidel Castro.

That opposition was apparent Thursday in the thousands who responded to broadcast pleas to flood the streets surrounding Elian's temporary home. Many said they came after seeing the video of Elian.

"I was very touched when I heard the boy's statement," said Caridad Orbis, whose family closed their auto-body repair shop to attend the demonstrations.

"I have a child that age," she said. "A child that age knows what he wants."

Community united

Her husband, Manny, spoke of how the boy's case resonated among Cuban-Americans. "Whatever happens in the end," Mr. Orbis said, "I think this child has succeeded in uniting the community."

The crowd circled the block of the family's home, which some groups have promised to protect from federal agents with a human chain.

The more time the U.S. government takes to resolve the nasty custody battle, the stronger the Cubans' resolve is likely to become, said analysts on both sides of the Florida Straits.

"We're seeing a volcano simmer with time, with no let up in the near future," said one Cuban political analyst, speaking on the condition of anonymity. "Passion is part of the Cuban psyche. We're a passionate people."

'Passionate people'

But other Cuba analysts say the twists and turns in the Elian case are helping Cuban-Americans strengthen their faith in the American system.

"It's true, after 41 years of living in the United States, we remain a very Latin people, a very passionate people," said Pedro Freyre, chairman of the Facts About Cuban Exiles, a Miami-based anti-defamation group.

"But when the courts stepped in today, what you saw was not just a sense of relief, but a sense of belief in the system."

Their protests, however, remain a necessary part of the system as Cuban-Americans say they must make other Americans understand their hatred for Mr. Castro.

Delaying Elian's return to his father and Cuba is a goal itself, said Roberto Sanchez, 40, as he protested at the Miami house. "You see the suffering of 40 years of tyranny ... and family separations," he said of the Cuban-American protests.

"People will learn about the Cuban experience," said Mr. Sanchez, who closed his construction company for the day. "The more time that we have, the more chance we have to show the truth."

Staff writers Alfredo Corchado and David LaGesse in Washington contributed to this report.