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Taking The Fuse From A Powder Keg

Finally, the news from Miami sounds positive.

Instead of ratcheting up the pressure and threats, instead of ignoring legal and political realities, Elian Gonzalez's Miami relatives and federal officials are reportedly working on a deal which would allow the little boy to be reunited with father here in the United States even as the family continues its appeals through the federal system.

If true, such a compromise represents a reasoned solution to a very sticky problem. It would ease the tensions in Miami, satisfy concerns about the boy's forced estrangement from his father, and permit the government to avoid the nearly unimaginable scene that would occur if federal marshals were required to knock on Elian's door in Little Havana and take the boy away, kicking and screaming.

Legally, the possible deal makes perfect sense. The Justice Department and the INS would continue to observe Elian's parole status, which would allow him to stay in this country with his father, who would be welcomed here through a temporary visa.

Since the feds rightly believe that they are likely to win any federal appeal brought in this case, they would essentially be trading time (the appeals process) for a change in Elian's location. But Elian's location means everything to those officials who are concerned about starting a riot in Miami if they are forced to take custody of the boy there. Once the boy is reunited with his dad, it will be infinitely easier for both to return to Cuba without causing a potentially violent confrontation in Miami or anywhere else.

The Miami relatives would be giving up custody of the child - custody which wasn't theirs to keep permanently anyway - but this deal would ensure that all of their federal appeals will be exhausted before the boy's ultimate destination is determined. And, presumably, the family would agree not to pursue any state lawsuits, should their federal appeals prove unsuccessful.

This is not a small concession for the family to make, if in fact they are willing to make it. But I suspect they've become convinced that federal authorities simply wouldn't stand for any state proceedings following the end of the federal appeals process.

Politically, the possible compromise is even more compelling. The feds can continue to claim, rightly so, that they have gone out of their way to accommodate the political concerns of America's Cuban community by waiting for all federal appeals to end before shipping the boy back to Cuba.

Remember, legally the INS and Justice Department could march into a federal court today and get a court order authorizing them to escort Elian back to Cuba.

Elian's Miami relatives, meanwhile, can claim a victory of sorts because Elian will remain in this country - albeit with his father and not them - pending the complete exhaustion of federal remedies. This deal will keep the boy in this country for months and perhaps the family genunely feels that some unexpected legal or political event will occur to change Elian's ultimate fate. The family, remember, isn't holding many legal aces up its sleeves so perhaps it feels that any deal that keeps the child here longer is the best deal they can make.

If this deal comes off, it will be because the federal government was willing to compromise, despite its strong legal position, and because the family was willing to acknowledge the realities of that position.

And if the deal gets done, it will be because the government fully recognized the political nature of this tragic story and because the family was able to capitalize on those issues to hold out for the best possible deal. Most importantly, though, if this deal or something like it goes through, it greatly diminishes the chances for violence on the day that Elian eventually does go back to Cuba. And that alone makes it a promising prospect.

Written By Andrew Cohen
©2000 CBS Worldwide Inc. All Rights Reserved. This material may not be published, broadcast, rewritten, or redistributed

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