Immigrant Mother Loses Parental Rights

A Missouri judge ruled on Wednesday that the 5-year-old son of Encarnacion Bail Romero would remain under the legal care of his adoptive American parents, the Mosers. The legal battle came to a final close after over four years of court cases. The case went all the way to the Missouri Supreme Court before it ordered a retrial to hear both sides of the case again, CNN reports.

The difficult and complicated case began back in 2007 when Bail Romero was taken into custody after an immigration raid at a factory she worked at. Her 6-month-old son was taken away from her immediately and placed in the hands of caretakers who eventually placed him in the hands of Seth and Melinda Moser.

Bail Romero, who had named her son Carlos, argues that she never consented to the official adoption proceedings. The Supreme Court agreed with this argumentation, thereby starting a retrial in the Missouri court. The Mosers renamed the child Jamison when they adopted him at two years old. The Mosers’ defense argues that Encarnacion Bail Romero had abandoned her child when she did not contact anyone regarding her son. They also claimed she was an unfit parent.

The judge finally ruled that Bail Romero could not offer the child stability, stating, “illegally smuggling herself into the country is not a lifestyle that can provide any stability for the child.” Perhaps the most unsettling aspect of the entire adoption and court proceedings was the very limited resources allotted to Bail Romero. She speaks very little English and states that she had no way of contacting the local Missouri families who originally looked after her son after she was arrested.

Even during the final trial, in which the judge ordered that Bail Romero had no rights to see or visit her child again, there was no translator present to inform the woman of the decision, according to ABC News. Both the adoptive parents and the biological mother had limited comments after the final decision. Bail Romero’s lawyer stated, “I am very disappointed about the decision.” The Mosers’ defense stated that everyone was happy with the decision but made no comment as to whether they would allow Bail Romero to visit her son.

The case was decided based on the emotional and physical needs of the child, who has been living with the Mosers’ for over three years, speaks fluent English, and knows his name is Jamison. But the legal implications of the case run deep. The initial adoptive procedures call into question what rights an undocumented parent has in the United States. The current decision seems to indicate that undocumented parents have no rights when it comes to their children. What rights do undocumented workers have to translators, information and resources when catastrophe strikes and court proceedings are incurred?

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Photo Credit: Michiel Van Drunen


Terry V.
Terry V5 years ago


Kathy Perez
Kathy Johnson5 years ago

Oh my frigging god. A person who comes here ILLEGALLY is doing what any criminal does.. breaking the law. If I rob a bank, can I keep my child in jail with me..? No. If I commit murder, or sell drugs, or drive drunk repeatedly, am I a fit parent? No. I would be a criminal. Whose rights are revoked due to my criminal activities. Once a person knowingly breaks into the country, every thing thet do is illegal, because they are BREAKING THE LAW by BEING HERE. What life does an illegal parent offer? they cant legally drive. there is ALWAYS the risk that they will be deported. is that stability? is that FAIR to the child.. the person who this case was meant to protect? no. she is free to return to her country and apply like the thousands before her who did things right. this isn't about immigration!!!! it's about ILLEGAL immigration! do it right. follow the rules. follow the law. you will find that criminals who ARE citizens don't often get to keep their kids either

Annmari Lundin
Annmari Lundin5 years ago

Typical. When parents take their kids to other countries there's a lot of screaming from the US Government. But when a child is forcible taken from its mother while she is being arrested and deported, all rights belong to the Americans. Isn't it nice to always be right, eh US Govt.? And please, don't forget about Elias Gonzalez, who were almost kidnapped before he was allowed to leave this country and go back to live with his family! Hippocracy runs rampant!

Dave F.
Dave F.5 years ago


Isn’t it time the politicians living the high life in Washington, do something for the American taxpayers? Isn’t it time we stopped being scammed by illegal aliens for over $100 billion dollars? Isn’t it time we enacted the ‘Legal Workforce Act (H.R. 2885) and the Birthright citizenship Act (H.R.140)? Isn’t it time that the state of Arizona gets to keep its money, instead of forced by unfunded mandates to pay for illegal aliens and their children? All those who genuflect to the 20 million plus illegal aliens will be under an attack themselves, when the TEA PARTY becomes an overall majority in the Republican Party. You know the Liberal-Democrats will desperately do anything to draw away from the terrible drowning economy policies of the Obama Administrations, such as going after Arizona or any other state that are trying to defend their legal population from the illegal alien welfare parasites. INSTEAD OF TAXPAYERS STANDING ON THE OUTSIDE OF EITHER THE “LEGAL WORKFORCE ACT” OR A SIMPLE AMENDMENT TO THE “BIRTHRIGHT CITIZENSHIP” LAW, CALL YOUR REPRESENTATIVES AND DEMAND IT BE BROUGHT TO FLOOR OF THE HOUSE FOR A VOTE? IT’S THE CASH IN YOUR POCKET BEING EXTRACTED TO PAY FOR THE CHILDREN OF ILLEGAL IMMIGRANTS. Citizen voters should phone Congress at the central Switchboard at 202-224-3121. Insist YOUR CONGRESSMAN/WOMAN TO fulfil

Dave F.
Dave F.5 years ago

IT’S INCOMPREHENSIBLE THAT ENTERING AMERICA WITHOUT A VISA IS NOT A FELONY. ILLEGAL IMMIGRATION IS A CRIME AND SHOULD BE DEALT WITH AS SUCH? For taxpayers and TEA PARTY voters in Arizona, these are a few of the legislators that should be out-voted and thrown out. They obviously don’t seem to care if illegal aliens go on a financial feeding frenzy as they have in California, Nevada and many of the 50 states. But not even the federal government don’t care when they let illegal alien parents steal 4.6 billion dollars in child care refunds, that they are not entitled too.

Sen. Rich Crandall, R-Mesa, is one of six Republican senators who refused to go along with Russell Pearce’s 2011 illegal immigration bills, including proposals challenging birthright citizenship that required hospitals to check immigration status of patients.
Sen. John McComish, R-Ahwatukee, is one more Republican who menaced Russell Pearce on immigration in 2011, calling the bills a diversion and a detriment to the state’s economy.
Sen. Jerry Lewis, R-Mesa, on immigration, he’s looking to travel “beyond the polarizing, contentious and fear-based oratory that undermines the chance for any real solutions.”
Sen. Adam Driggs, R-Phoenix, is he was also one of the six senator’s repudiated Pearce on all five of his illegal immigration bills in 2011 – saying that most were unconstitutional and wouldn’t have survived a court challenge.


Dave F.
Dave F.5 years ago


Once illegal aliens swarm into America because of the Liberal courts the laws are so restricted, that it’s a free-for-all for immigration attorneys. Once captured and detained ICE agents hands are tied, when illegal aliens should be given a quick kick in the butt and dumped beyond the fence or demands the country where they are from, should pay their fair home. Countries that refuse to receive them back should be heavily sanctioned and any aid completely disengaged. People, who steal or procure a victim’s identity, should be locked up in one of Sheriff Joe Arpaio’s tent city in Arizona and then deported. But this will never happen, as if illegal aliens can arrive here and get nothing but a civil punishment, then are able to pilfer state economies—what chance do American taxpayers have against the illegal alien lovers, except for voting in as many conservative True TEA PARTY politicians?

I have no love for either President Obama or Mitt Romney, but as an Independent my vote is going for the Republicans. I believe in a new America and that is the TEA PARTY. God help us if we had another four years of individuals like U.S. Attorney as Eric Holder, Homeland Security Secretary Janet Napolitano or any of the Imperialist Czars in this administration. All I have seen is the theft of our nation’s sovereignty such as Arizona, which had been ground zero for illegal alien pampering.


Antonia Windham
Antonia Windham5 years ago

Unless there's more to the story, sounds unfair and unjust. Being an illegal alien's not cause for losing your children.

Ann B.
Ann B5 years ago

not sure what to say....

Jennifer R.
Jennifer R5 years ago

We need more young, qualified workers in this country to support social security. Why not let more workers into this country?

Julian Gonzalez

This is exactly like human traffic stealing children from their mothers.