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NC deportation case highlights child welfare maze

By Michael Biesecker

Associated Press

Published: Friday, March 9 2012 12:50 p.m. MST

This undated photo provided by Felipe Montes via the Applied Research Center shows Montes and his wife, Marie Montes, and one of their three boys. The children were placed in foster care after Felipe Montes was deported back to Mexico in late 2010.

Felipe Montes via the Applied Research Center, Associated Press

Enlarge photo»

RALEIGH, N.C. — When immigration agents deported Felipe Montes to Mexico two years ago, his three young sons were left in the care of their mentally ill, American-born mother in a small North Carolina mountain town.

Despite immigration policies that allow for the release of primary caregivers, federal authorities worked swiftly to expel Montes. Within two weeks, social workers placed the boys in foster care.

Child welfare officials are now asking a judge to strip Montes of his parental rights, reasoning it's better for the children to live with strangers in the country where they were born than with their father in Mexico. Such a ruling could clear the way for their adoption.

That would be unfathomable to Montes, whose only brushes with the law were a string of traffic violations.

"I don't drink, I don't smoke, I don't use drugs," said Montes, 32, who crossed the border illegally in 2003 to work on Christmas tree farms. "I have always taken care of my children, I have always loved them. And now, the social services people want to take away my rights and give my children away to strangers."

Montes' lawyer says the father is at risk of being deemed an unfit parent solely because of his immigration status.

Like thousands of deported parents whose children were taken in by the foster care system, Montes is barred from returning to visit his kids or attend court hearings on their future. He wants his boys to live with him in El Encino, a small village in the Mexican state of Tamaulipas, but county officials have declined to allow it.

"I can't see them. I can't give them a hug. It's very depressing," Montes said by phone from Mexico.

U.S. Immigration and Customs Enforcement (ICE) officials say their intent is not to break up families, but there's no system to allow detained parents to make decisions about their children or reunite with them. Legal experts say parents often lose custody solely due to immigration problems — and not abuse or neglect.

A 2011 report from the Applied Research Center, a New York-based racial justice think tank, found about 5,100 children in 22 states were in foster care after their parents were either detained or deported. The government doesn't compile national numbers on such separations.

The report — based on surveys with child welfare caseworkers, attorneys, judges and immigrants — concludes that immigration officers often refuse to allow parents to make arrangements for their children. Once in ICE custody, parents are often denied access to family court hearings, phones and attorneys. Many don't even know what happened to their children.

"Once parents are deported, they're considered fallen off the face of the earth," said Seth Wessler, the report's principal investigator. "Family reunification tends to go out the door."

Such separations are enough of a problem that immigration advocates urge parents to prepare kits with children's passports and medical records or to sign documents allowing others to care for the children.

Three years after Montes came to the U.S., he married a North Carolina native and the couple rented a trailer near Sparta, a town of about 2,000. The marriage made him eligible for legal immigration status, but he didn't undertake the lengthy, expensive process.

While he worked at a landscaping company, his wife stayed at home. Still, Montes was the primary caregiver for 4-year-old Isaiah and 2-year-old Adrian — and both were sent to daycare while he worked. His wife was eight months pregnant with their third baby, Angel, when Felipe was detained.

Drew Jackson, the court-appointed lawyer for the wife, said 31-year-old Marie Montes collects federal disability for a mental illness that prevents her from working. He declined to say what her diagnosis is.

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