Proposal to Use an Arbitrator in Case of Cuban Boy Rejected

Federal officials on Friday rejected a proposal from the Florida relatives of Elian Gonzalez that an arbitrator decide whether staying in the United States or going back to Cuba would be best for the boy.

The proposal came after the government issued an ultimatum on Thursday to the relatives: Agree to a speedy timetable to appeal a federal court decision against them or the agency would “immediately move to revoke” Elian’s status in this country.

In response, attorneys for the Florida relatives said an arbitration process could begin April 3 and be completed within two weeks.

But Doris Meissner, commissioner of the Immigration and Naturalization Service, rejected the idea.

“This is not an option that we are prepared to entertain,” she said. “Our goal here is to reunite Elian with his father and to do that as quickly, as promptly and as orderly as possible.”

The ultimatum came after a federal judge this week affirmed the U.S. government’s decision to send the 6-year-old back to his father in Cuba. Meissner would not speculate on the next step.

In the proposal to the INS, attorney Kendall Coffey said the boy’s relatives had offered to abide by an arbitrator’s decision.

“If the INS would agree at last to provide a day in court to this small child, the result would be not only a fair determination of what’s right for Elian, but a much faster resolution than is possible through further court battles,” Coffey wrote.

Anticipating the denial by INS officials, Coffey said the family’s appeal of the federal court ruling would be filed by April 3.

Elian was found clinging to an inner tube off Florida on Nov. 25. His mother and 10 other people drowned when their boat capsized during an attempt to reach the United States.

The case quickly became a tug-of-war between the Cuban government and U.S. family members who oppose the Cuban government.