Carlos in photo was taken away from his mother and put up for adoption by judge while she was detained by USICE

United in the struggle to reunite son with birth mother

Here’s a particular case that needs remedy and a united effort to bring justice. While thousands of immigrants and supporters prepare to march for immigration reform throughout the nation keep in mind this case, that was reported by the New York Times on April 22, 2009. It was just brought to my attention a few days ago by a long time friend from Guatemala, who asked me if I could help in the effort to reunite Carlos with his birth mother.

The New York Times article about Encarnación Bail Romero, a Guatemalan who was arrested by USICE near Carthage, Mo. when they raided a poultry processing plant two years ago calls for justice. Her son Carlos was taken and adopted by a couple while Encarnación an undocumented immigrant from Guatemala awaits deportation.

When adoption papers arrived where Encarnación was kept by USICE. She managed to write a letter with the help of a detained Mexican immigrant, a guard and an English-speaking Guatemalan visitor where she was detained, "I do not want my son to be adopted by anyone," she scrawled on a sheet of notebook paper on Oct. 28, 2007. "I would prefer that he be placed in foster care until I am not in jail any longer. I would like to have visitation with my son." (Birth Mother, First Mother Forum)

What kind of judges decide to allow adoption of a child when the mother is awaiting deportation? Well Judge David C. Dally of Circuit Court in Jasper County who said in a decree, the couple made a comfortable living, had rearranged their lives and work schedules to provide Carlos a stable home, and had support from their extended family. By contrast, Judge Dally said, Ms. Bail had little to offer. “The only certainties in the biological mother’s future,” he wrote, “is that she will remain incarcerated until next year, and that she will be deported thereafter.”

The worst part, Judge David C. Dally failed to order USICE to bring

Encarnación to his court during the adoption proceedings. Judge Dally made Carlos seemed like he was on the auction block.

It appears that Judge Dally took it upon himself to terminate Encarnación’s parental rights with out due process. Encarnación has not been convicted of child abuse, child neglect, or any type of dangerous criminal activity. No other decision from any court terminated her parental rights. How did Judge Dally come to his decision? A miscarriage of justice?

I’m providing the links of the New York Times and Birth Mother, First Mother Forum where articles are published and appeared.

http://www.nytimes.com/2009/04/23/us/23children.html

http://www.firstmotherforum.com/

Don’t hesitate to circulate.

Respectfully,

H. Nelson Goodson

Milwaukee, Wisconsin USA



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