By Marshall Griffin, St. Louis Public Radio
Jefferson City, Mo. – The Missouri Supreme Court heard arguments today over who should raise a 4-year-old boy from Guatemala: His biological mother, who's an illegal immigrant facing deportation, or the Missouri couple who adopted him.
Encarnacion Romero spent two years in jail for identity theft, after being picked up during a 2007 immigration sweep at a poultry plant in southwestern Missouri. While behind bars, her child was adopted by a couple from Jasper County.
Francisco Villagran DeLeon is the Guatemalan ambassador to the United States.
"Children of undocumented immigrants should not be given in adoption just because they are here illegally," DeLeon told reporters after the hearing.
Romero's deportation is on hold until the case plays out. She has been seeking custody of her son since being released in 2009. If granted, the child would likely be deported along with her.
Attorney Rick Schnake represents the adoptive parents. He says returning the boy to Romero puts him at risk.
"Is it in the best interest of the child that he be dumped with somebody who may be family, or may be friends or may be whoever in Guatemala, while she sneaks back across the border a third time?" Schnake said.
The State Court of Appeals in Kansas City ruled that Romero should be given custody. The Missouri Supreme Court will make its decision at a later date.