mother’s custody, including the charge that she traded sex for housing, that
she had stated an intention to put the child up for adoption, that she was
unprepared to care for the child and had not even purchased formula or a
bassinet. Reporters from Mississippi’s Clarion Ledger were allowed to
review documents outlining these charges and others, which included
language-related charges:
Cruz was charged with neglecting her child, in part, because “she has
failed to learn the English language” and “was unable to call for
assistance for transportation to the hospital” to give birth. Her
inability to speak English “placed her unborn child in danger and will
place the baby in danger in the future.”
(Byrd 2010b)Without investigating or documenting any of these charges or presenting
any evidence, the Mississippi Department of Human Services’
representatives used this narrative when they went before a judge, first to
gain permission to remove the child from her mother’s care, and later, to
request termination of Cruz’s parental rights.
Cruz was discharged from the hospital and told she could not take her
daughter with her. When she returned the next day with her cousin to ask
for her baby, she was told the child was no longer there. That day, two
different social workers associated with the hospital contacted state and
federal immigration authorities to report Cruz as an illegal alien (Padgett
and Mascareñas 2009).
The official complaint filed by the attorneys representing Cruz outlined
the charges:
The individual defendants conspired to remove [Cruz’s newborn
daughter] from her mother in order to place the infant child in the
custody of a white local attorney couple who were seeking to adopt
and who frequently practiced before the same judge who sanctioned
the removal. In doing so, the individual Defendants deliberately took
advantage of Plaintiff Baltazar Cruz’s indigence, inability to speak or
understand English, and lack of familiarity with the U.S. legal system
in order to attempt to remove [the child] permanently from her
mother.