Deported, and now childless
CHICAGO — Wasteful, senseless and cruel. How better to describe the ridiculous battle that Felipe Montes is waging to be reunited with his three U.S.-born children? Since his deportation, they’ve been ensnared by the foster care system and are at risk of being put up for adoption.
Montes, who had lived in the U.S. illegally for almost 10 years, was sent back to Mexico in 2010 after having been sentenced to probation following an arrest for driving with an expired license, an expired registration and no automobile insurance. He was detained by Immigration and Customs Enforcement (ICE) agents at one of his probation meetings.
Under normal circumstances, Montes’ children would have been put in the care of a relative. But because there was no relative capable of caring for them, social workers took his boys, all younger than 7, and separated them into different foster families. Now the state of North Carolina won’t let Montes claim his children just because he’s in Mexico.
According to an Associated Press report, ICE officials said they didn’t communicate with North Carolina’s Child Protective Services about Montes because it’s not their job to call child welfare officials every time a parent is detained, and noted that they don’t have a formal policy for dealing with child welfare agencies.
This is not a mere blip. Last fall the Applied Research Center (ARC), a New York-based social justice public policy institute, detailed in a report that 5,100 U.S.-born children whose parents are caught up in illegal immigration detention are “highly likely” to be lost in the foster care system even though their parents want to care for them once they return to their native country.
This separation of children usually happens because the parents, who are effectively imprisoned, are not able to comply with standard procedures for proving a parent is fit to care for their child. According to the ARC, parents are detained an average of 370 miles from their kids and without meaningful ways to participate in decisions about their well-being or comply with reunification plans.
And worse, as Seth Freed Wessler, the author and principal investigator of the ARC’s report “Shattered Families: The Perilous Intersection of Immigration Enforcement and the Child Welfare System” told me, “In some cases, when parents are back in their native countries, (child welfare agencies) are denying parents custody by arguing that, even parentless, children are better off in the U.S.”Cruelly, that’s exactly the stance the Alleghany County Department of Social Services in Sparta, N.C., is taking as it tries to sever all of Montes’ parental rights. As the AP reported, the agency believes the kids would be better off here in foster care than in Mexico with their dad and his family because he lives in a small village and the residence, while having a refrigerator, satellite TV, a microwave, room to play and a school nearby, lacks running water.
The whole thing is ridiculous. There are people all over the world who don’t have the luxury of running water, but our government doesn’t usually take an active role in scattering their families. And think about this: How much is it costing North Carolina taxpayers for Montes’ past four hearings on the matter—at least two more are expected—which have required multiple social workers and judges? Plus, the cost to keep three kids in foster care is easily $20,000-$30,000 for each child annually.
And for what? The man was deported after he’d been convicted of traffic violations.
“There’s no evidence he ever used drugs, no evidence of drunkenness or DUI. The state has no witnesses to claim there was abuse or neglect,” Donna Shumate, Montes’ court-appointed lawyer, told me. “Basically they’re saying that the act of being deported is in itself a crime—which it is not—and that he’s unfit because he’s living in Mexico.”ICE officials told me very clearly, “For parents who are ordered removed, it is their decision whether or not to relocate their children with them,” reiterating long-standing legal precedent on the rights of parents, regardless of their immigration status.
Obviously, brains reflexively turn to mush anytime illegal immigration comes into play. But let’s hope someone in North Carolina has the sense to stop this cruel, expensive craziness and respect the rights of U.S.-citizen children to be with their parents, wherever they may be.
Esther Cepeda is a columnist for the Washington Post Writers Group. Her email address is estherjcepeda@washpost.com.
Mar 21, 2012 at 5:05 p.m.
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Being a citizen does not make you property. The children may be citizens of the U.S., but the U.S. does not own them because they are not property. Let them go back to their Dad.
Mar 21, 2012 at 4:15 p.m.
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This man convicted for traffic citations not child abuse,neglect so what kind of crap is this keeping children from their parent regardless if he is legal or not the government is a JOKE
Mar 20, 2012 at 7:37 a.m.
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He needs to do what any person would do and hire a Lawyer. All his unpaid taxes and medical bills saved over 10 years should help cover his legal bill. And they should not keep his kids. IMO
Mar 19, 2012 at 5:47 p.m.
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These children should be with their parents in Mexico. Period. Our government has no right to keep the children here. What, do our government officials think they are gods now?!
Mar 19, 2012 at 4:30 p.m.
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NoLeftist said, "I can't imagine sneaking into a country illegally with my children with the chance that I might be taken from them, leaving them to fend for themselves."
The article states, "Felipe Montes is waging to be reunited with his three U.S.-born children." His children were born here.
Are you suggesting that the United States is the kind of country that would let three children under the age of seven fend for themselves as opposed to reuniting them with their parent(s)?
Mar 19, 2012 at 4:23 p.m.
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Exactly NoLeftist, this is the nature of criminals the world over. They do what they feel like doing, and the hell with everyone else, including their children. Prisons are full of these types of sociopaths.
Mar 19, 2012 at 3:43 p.m.
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I can't imagine sneaking into a country illegally with my children with the chance that I might be taken from them, leaving them to fend for themselves. What kind of parent does that?
Mar 19, 2012 at 12:15 p.m.
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bella, your 2:33 a.m. comment has it exactly right.
Mar 19, 2012 at noon
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The kids should have been deported along with him. Why should American citizens have to support his children?
Mar 19, 2012 at 11:02 a.m.
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There are numerous things wrong with this situation. First of all, all the children are in separate foster homes and they lost their father. I am sure the children are suffering from being separated from their family. In Wisconsin, CPS is obligated to put the children back with their parent no matter what country they live in. It doesn't matter if they are deported or just live in another country and their children are here. Just because they are US citizens doesn't mean our government has the right to keep them as property. Everyone complains about taxes, this is one way to save tax payers money. Let the children be with their parents! He didn't abuse them or neglect them so there is no reason that he cannot have the children.
Mar 19, 2012 at 10:19 a.m.
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This is the same for all illegal activities, families also suffer. If this person followed the law the family as a whole would be better off. Pointing blame anywhere but where it belongs is irresponsible, just like the illegal activities are.
Mar 19, 2012 at 9:50 a.m.
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As with any story, it is always one sided and many facts seemed to be left out. This story was definitely written to tear at the reader's emotions and while heart wrenching, some information needs to be provided to make any decisions about this.
1. Where is the mom?
2. Why was the dad here?
3. Why didn't the dad pursue citizenship?
Mar 19, 2012 at 9:33 a.m.
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Hopefully the exposure of this article gives others that are here illegally the idea of what can happen by the choices they've made and how it can negatively effect their children. Sympathy, sure, give him back his kids. Giving him more than a slap on that hand, kudos!
Mar 19, 2012 at 9:32 a.m.
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He is an illegal alien. He got deported for breaking even more laws than his illegal entry. Had he abided by the law, he would not have the problem he has. He had what is known as "anchor babies" they are born here to illegals, they are automatically citizens because they are born here. Then the parent(s) can get wefare, medical care and other benfits for their anchor babies. A nice scam indeed. Cry me a river, he got deported for breking several laws and being an illegal alien. Tough!
Mar 19, 2012 at 8:43 a.m.
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Hmmmmm... if life begins at conception, then surely all Republicans and Right to Lifers are against deporting Illegal Alien Women due to the presence of a living US citizen in their belly, right?
Mar 19, 2012 at 7:53 a.m.
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The man is an ILLEGAL alien. His children were born in the US. That makes them US citizens. The government can't deport the children back to a country that isn't their legal homeland. The father should have thought about all of this beforehand. He had 10 YEARS to figure it out! Tough on the kids yes, but we don't know if they spoke English, ect. Lots of technicalities that were left out of the story.
Mar 19, 2012 at 2:33 a.m.
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This should outrage ALL of us. This is not a political red/blue issue. This is about a goverment willfully stealing children from a parent. Give the man his children back and let them live in Mexico together. The US has no right to keep these children away from their parent. This is deeply disturbing.
Mar 19, 2012 at 2:08 a.m.
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hes here illegally.... see you later!
Mar 18, 2012 at 11:23 p.m.
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I am with orange....
Mar 18, 2012 at 8:08 a.m.
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The man had a habit of NOT following our laws, here illegally, drives with no license , no insurance. How would you like to get hit by him? Where's our protection? Sorry, no empathy here.
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