Blog 13
Gina Ponzi
April 23, 2009
2:28 PM
Children Caught Up in Illegal Immigration
Encarnacion Bail Romero, an illegal immigrant from Guatemala, was arrested nearly 2 years ago when police raided a processing plant where she worked. At the time, Ms. Bail’s son Carlos (born on American soil) was only 6 months old. Ms. Bail was unable to be released due to her charges of identity theft; she had falsified an identification card. Now her son Carlos is two, and he lives with his adopted parents. Ms. Bail, on the other hand, has been incarcerated for the past year and a half, and is on the verge of deportation. A legal battle is now taking place: who has custody of Carlos? A judge has ruled that Ms. Bail must relinquish her rights to her child, because “Her 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. A child cannot be educated in this way, always in hiding or on the run.”
The Judge makes a good point, however, I believe he is over simplifying a very complex issue. It is an issue that unfortunately involves the emotional and physical wellbeing of a child. In Carlos’s case, he either stays with his adopted parents despite his mother’s wishes, or his adoptive parents lose him to his mother, who might not be able to provide as comfortable a lifestyle as they could. The judge denied Ms. Bail rights to her son on the grounds that she cannot provide for him as well as his adoptive parents could, but I don’t believe that he is entitled to deny a mother her son based on a proportion of income. Furthermore, Ms. Bail was not guilty of a domestic violation, so whether or not she can provide a comfortable life for Carlos is irrelevant. Illegal Immigrants are guilty of committing a crime, but not a crime worthy of such extreme punishment.
http://www.nytimes.com/2009/04/23/us/23children.html?_r=1&hp
3 comments:
The judge denied Ms. Bail rights to her son on the grounds that she cannot provide for him as well as his adoptive parents could, but I don’t believe that he is entitled to deny a mother her son based on a proportion of income. Furthermore, Ms. Bail was not guilty of a domestic violation, so whether or not she can provide a comfortable life for Carlos is irrelevant.Wanna bet? Child welfare laws differ from one state to the next.
I think its ridiculous, the mother was not dangerous in anyway to her son, yes she committed a crime,technically, it wouldn't be necessary to do such, if it wasn't virtually impossible to legalize one's status in this country. But if she is been deported, it should be the mother's decision whether she wants to take the baby with her or let him have better life with the adoptive parents.
I agree with Juan. If you want to deport her than okay, but she should have the right to say if she wants to take her child with her, or if she wants someone to adopt it so the child can potentially have a better life.
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