http://savannahnow.com/node/266042

For baby of undocumented immigrant, system has its pros and cons

Christian Livermore | Thursday, April 19, 2007 at 12:30 am

Infant has had surgery to fix hole in heart, scheduled for second procedure

METTER - Perched atop a judge's bench in her car seat during a hearing Tuesday, the baby of an undocumented immigrant is recovering well from surgery to repair a hole in her heart and has a full head of curly black locks.

Baby Norma, the 7-month-old child of undocumented immigrant Ernestina, will see doctors in a month or so to prepare for a second surgery.

Meanwhile, a juvenile court judge will continue to monitor the family's situation until he's satisfied the child's environment is stable.

"We're monitoring this case basically to provide services," Juvenile Court Judge Tom Rawlings said. "Obviously given her circumstances the mother is in need of some assistance."

Norma got caught up in the national debate over undocumented immigration when she was taken into custody in September, days after her birth, by the Division of Family and Children Services.

Norma is back with her mother, but she has been in the system ever since.

The arrangement has had its ups and downs.

The infant was separated from her mother during early, crucial bonding days.

However, if she had not been taken into custody, the hole in her heart might not have been discovered.

Family Services took Norma because of concerns over whether Ernestina could provide for the baby.

Ernestina arrived at the hospital to give birth, hungry and unshowered, after hiding for several days from immigration raids at the Crider Inc. poultry plant in Stillmore and at nearby homes.

Her husband, Isidro, was among about 120 people arrested and deported in the raids. About 600 others were fired before the raids because their documentation was deemed suspicious. Rawlings returned Norma to her mother's care a few weeks later on condition that monitoring would show she was taking good care of Norma and her brother, Hilberto.

Another thing the children may get out of the court monitoring is Social Security cards. Because Ernestina is in the country illegally, case workers were having trouble getting cards for Norma and her 18-month-old brother, Hilberto, both born in the United States.

Rawlings issued an order Tuesday that the children were entitled to the cards.

It is unclear whether Immigration and Customs Enforcement plans to deport Ernestina.

The court has not heard from the agency, Rawlings said.

"I don't see why anybody with any humanity would deport a woman in this situation," he said.

Communicating with Ernestina has been difficult because she speaks Tsotsil, a Mayan language spoken in her home state of Chiapas, Mexico.

She has been learning Spanish through several advocates.

"Her Spanish is very good," court interpreter Pilar Archila said.

The family presents a very different picture now than it has previous months.

Hilberto, formerly more reserved and shy with strangers, dashed happily between his mother and Archila, engaging people in conversation along the way.

Ernestina is still bashful before the judge, looking at Archila or down at the bench, but her demeanor outside of the hearing was more relaxed as she was playing happily with Norma and giving her a bottle.

The young mother is looking more and more like a typical American teenager.

Her hair is bound in a ponytail, and she wears a yellow T-shirt with a porcupine on it.

"What's your point?" it reads.

Ernestina plans to rejoin her husband in Chiapas once Norma's surgery is complete, unless Congress passes legislation granting amnesty to undocumented immigrants already in the United States.

In that case, she said she would stay for the sake of the children - even if Isidro was unable to return.

Rawlings could not estimate when court monitoring would end.

He will review Ernestina's case in another 90 days.

"The court is simply looking forward to the day when we can see this child healthy and know she'll be in a stable home with her mother," he said,

"Then we can get out of their business and let them live their lives."