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Attorney general Janet Reno ordered the return of Elián to his father and set a deadline of April 13, 2000, but the Miami relatives defied the order. Negotiations continued for several days as the house was surrounded by protesters as well as police. The relatives insisted on guarantees that they could live with the child for several months and retain custody, and that Elián would not be returned to Cuba. Negotiations carried on throughout the night, but Reno stated that the relatives rejected all workable solutions. A Florida family court judge revoked Lázaro's temporary custody, clearing the way for Elián to be returned to his father's custody. On April 20, Reno made the decision to remove Elián González from the house and instructed law enforcement officials to determine the best time to obtain the boy. After being informed of the decision, Marisleysis said to a Justice Department community relations officer, "You think we just have cameras in the house? If people try to come in, they could be hurt."^[14][15]

Elián González is removed at gunpoint from his relatives' home in Miami.

In the pre-dawn hours of April 22, pursuant to an order issued by a federal magistrate, eight SWAT-equipped agents of the Border Patrol's elite BORTAC unit as part of an operation in which more than 130 INS personnel took part^[16] approached the house; they knocked, and identified themselves. When no one responded from within, they entered the house. Pepper-spray and mace were employed against those outside the house who attempted to interfere. Nonetheless, a stool, rocks, and bottles were thrown at the agents.^[17] In the confusion Armando Gutierrez called in Alan Diaz, of the Associated Press, to enter the house and entered a room with Elián, his great uncle's wife Angela Lázaro, her niece, the niece's young son, and Donato Dalrymple (one of the fishermen who had rescued him from the ocean). They waited in the room listening to agents searching the house. Diaz took a widely publicized photograph of a border patrol agent discovering Dalrymple and the boy hiding in a closet.

INS also stated in the days after the raid that they had identified as many as two dozen persons who were "prepared to thwart any government operation," some of whom had concealed weapons while others had criminal records.^[18][19] The INS noted reported statements made by members of the Lázaro family that they were prepared to deal with any intrusion on their property by force if authorities attempted to take Elián without their consent.