Log in

View Full Version : Child of immigrant adopted while parent faces deporation



Red Commissar
6th December 2010, 22:36
With "Undocumented Workers" being rounded up and deported, their children are often in a state of limbo as the state proceeds with the destruction of their household. For many, their child is taken care of by their families and friends in the community, though the state sees fit to intervene and have CPS take custody of the child and in many cases split them up from their homes.

Encarnacion Bail Romero is a Guatemalan who immigrated to the United States. Using forged papers she was able to get a job in a poultry factory in Missouri. She was however caught when her factory was raided and she was arrested with others and processed. She spent two years in jail for "identity theft" from the use of false social security numbers.

During this time her infant son Carlos was looked after by friends and family. An acquantince of the family asked if they could spend time with the child too, as they were interested in the experience before adopting a child of their own.

In the end they ended up adopting Carlos. The mother who received papers in jail refused to allow the adoption, but a judge ruled in favor of the adoption stating that the mother was not competent to raise a child due to her "crimes" of illegally entering the country and identity theft and allowed for the adoption to proceed.

When the mother got out in 2009, she received help from the Guatemalan Embassy, who provided lawyers to argue her case to keep her son. The trial has gone on since.

The Missouri Supreme Court will hear the case now. Following the conclusion of the trial, regardless of the outcome, Romero will be deported.

http://www.theworld.org/2010/12/06/missouri-court-guatemalan-boy/


Court considers fate of adopted Guatemalan boy

The Missouri Supreme Court is considering a case that involves an illegal Guatemalen immigrant and her US-born son.

The court’s ruling – whatever it is – will break some hearts.

Encarnacion Bail Romero was arrested in a raid at a poultry plant in Missouri. She went to jail for using fake papers to get the job. Meanwhile, her baby boy was adopted.
Now, the mother is being told she’ll have to return to Guatemala without her son, who she hasn’t seen since the day of the raid three. Carlos was seven months old at the time.

Bail Romero said she hadn’t taken pictures of the boy before being arrested.
“When I got out of jail, my sister had a photo of him and said, look, here’s a picture of your son – he’s beautiful.”

Bail Romero served two years in prison for identity theft, because she had used a false social security number to get a job. While she was serving time, her son was being taken care of by family members and their friends. One acquaintance knew of a couple, Seth and Melinda Moser, who were interested in adopting, and arranged for Carlos to spend time with them. The Moser’s attorney Rick Schnake said that Carlos flourished under their care, and soon became part of the family. They eventually adopted him.
“They’re his mommy and daddy, and he’s their little boy. He speaks English, not Spanish, and he’s a typical little four-year-old boy.”

Meanwhile, Bail Romero was in jail, and she had no idea where her son was.

“I kept asking for help because I wanted to know about my son,” she said, “where he was, if he was alive, how he was.”

Eventually, Bail Romero received some papers about the adoption, which a fellow prisoner translated for her. She wrote back, saying she did not want her son adopted. But a circuit court judge decided that Carlos would be better off with the Mosers. The judge wrote, “Bail Romero’s lifestyle, that of smuggling herself into the country illegally and committing crimes in this country, is not a lifestyle that can provide stability for a child.”

When Bail Romero was released in 2009, the Guatemalan embassy helped her find lawyers to try and reverse the adoption. The case was heard before the Missouri Supreme Court in November. Guatemalan ambassador Francisco Villagran de Leon made a statement after the hearing.

“Children of undocumented immigrants should not be given in adoption just because they are here illegally.”

Immigrant advocates are saying that this story is not an isolated case. Five-point-five million children in the United States have at least one undocumented parent, and from 1998 to 2007, 108,000 deported parents left children behind. Michelle Brane, of the Women’s Refugee Commission, said each time she’s visited a detention center she’s heard troubling stories from mothers.

“They brought up to us the fact that many of them did not know where their children were, how to contact their children, or were concerned that they had hearings or cases in family court that they were unable to attend.”

Brane said because immigration officials and child welfare workers don’t communicate well, it can appear that immigrant parents are abandoning their children.

And when immigrants face deportation, she said, the logistics of taking their American-born children with them can be next to impossible. “You can’t get a passport for your child. You may have difficulty getting documentation, or even making the arrangements for an airplane ticket or meeting at the airport to coordinate the actual travel.”

Brane is advocating for a bill currently in Congress, which would require Immigration and Customs Enforcement to better facilitate parents’ interaction with their children. It would also require that I.C.E. work better with state child welfare agencies. I.C.E. officials have said they’re already making policies more family-friendly.

But that’s small comfort to Encarnacion Bail Romero. She has a temporary visa to stay in the country until the case is resolved, which could happen any time this month.
Bail Romero said her deportation is imminent. “I know they’re going to send me to Guatemala. But I want to go with my son, not by myself.”

And of course Carlos’ adoptive family is hoping that he’ll spend Christmas in Missouri.I apologise for the article but it's the most I can provide.

¿Que?
6th December 2010, 23:18
It reminds me of the desaparecidos in Argentina. Often, they would be pregnant women under captivity. Once they gave birth, the army would take their child, and often they'd be "adopted" by high level officials.

The Mosers have some messed up values. If they really cared for the boy, they should be fighting for Bail to stay in the country, not taking her son away. That's just shitty.

Jalapeno Enema
7th December 2010, 08:20
What kind of dick would split a family up just like that? Not only the judge, but the "acquantince of the family".

I see cases like this and think:
1: The judge is taking the woman's child away as part of her sentence, as punishment, which is awful. From what I read there is no reason to believe the woman isn't a fit parent.
2: The woman is a victim of legalized child abduction.

theAnarch
8th December 2010, 14:43
This is from the UN convention on genocide:


(a) Killing members of the group;
(b) Causing serious bodily or mental harm to members of the group;
(c) Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part;
(d) Imposing measures intended to prevent births within the group;
(e) Forcibly transferring children of the group to another group.