A federal judge slammed the brakes on Elian Gonzalez’s return to Cuba – ordering yesterday that the tug-of-war kid stay on American soil while the two sides duke it out in court.
The news of the emergency stay was greeted with cheers of “Victory!” by Cuban-American protesters in Miami – and angry frustration by the boy’s father, waiting in Bethesda, Md., for a reunion.
The feds were directed to respond by this morning to the judge’s order, which was issued at the request of the family.
The court could rule on whether to keep the stay in effect anytime after that.
Federal officials suggested that while the court is deciding, they could still take the 6-year-old from his great-uncle, Lazaro Gonzalez, as long as they keep him in the country.
“This stay doesn’t keep us from removing him from Lazaro’s house and giving him to the father,” a Justice Department official told The Post after yet another day of dizzying developments.
The boy’s Miami relatives asked supporters massed outside their Little Havana house not to be lulled into a false sense of security by yesterday’s small legal victory.
“We ask that you not fall asleep. There is still a danger that they will come to take this boy away,” family spokesman Armando Gutierrez said.
The day opened with a showdown looming after the Justice Department ordered the Miami camp to turn over Elian at Opa-Locka Airport at 2 p.m.
As the minutes ticked down, Attorney General Janet Reno and President Clinton said the government had the authority to take action if the family didn’t comply.
“I’ve tried to do everything I can to stay out of it,” Clinton said in Washington. “But it is our obligation to uphold the rule of law.”
As expected, the great-uncle – who had vowed the feds would have to take Elian “by force” – was a no-show at the airport, which was surrounded by 300 police cars.
Instead, his lawyers went to court, seeking an emergency stay that would keep Elian in the country until a federal appeal – set for May 11 – is over.
Judge J.L. Edmondson of the 11th Circuit Court of Appeals in Atlanta issued the stay – which put everything on hold temporarily.
The judge – who was appointed by President Reagan – told the government to respond today.
The Justice Department said it agreed to “forestall any enforcement action” until the court decides whether to keep the stay in effect.
“We agreed to this with a time frame in mind of three or four days,” spokeswoman Carol Florman said.
The legal maneuvering was greeted with frustration by Juan Miguel Gonzalez, who has not seen his son since the boy was rescued from a November raft wreck that killed his mother and 10 others fleeing Cuba.
“Just return my son to me,” Juan Miguel said to reporters during a meeting with supporters in Washington, where he has been staying with a Cuban diplomat. As he left, he gave the finger to anti-Castro demonstrators.
Juan Miguel later said he is “disappointed and cannot understand how our system of rule and law has not functioned,” according to retired U.S. Sen. Dennis DeConcini of Arizona, who met with the dad.
DeConcini said Juan Miguel repeated to him an alleged attempt by Lazaro Gonzalez to bribe him to stay in Miami.
Juan Miguel said Lazaro offered him “$2 million, a house, a car and a job in Miami,” DeConcini said.
The dad answered, “I have only one objective – it’s my son,” DeConcini said.
Lazaro Gonzalez has repeatedly denied the bribery claim.
Juan Miguel’s lawyer, Gregory Craig, lashed out at the Miami family for defying the deadline and releasing a videotape of Elian saying he does not want to return to Cuba.
“Not only have these relatives broken the law, they have emotionally damaged and exploited this most wonderful boy,” the lawyer said.
“Juan Miguel Gonzalez asks only this: That the laws of this nation be enforced, that the exploitation of his son be ended and that Elian be returned to his care and custody immediately.
Reno – who flew from Washington to her hometown of Miami Wednesday in a failed bid to broker a peaceful reunion – promised the Miami community a “reasonable, measured” response.