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...look affluent. To escape the destitution in her village of 1,500 mostly Chatino Indians, Baltazar Cruz, 34, migrated earlier this decade to the U.S., hoping to send money back to two children she'd left in her mother's care. She found work at a Chinese restaurant on Mississippi's Gulf Coast...

Author: /time Magazine | Title: Can a Mother Lose Her Child Because She Doesn't Speak English? | 8/27/2009 | See Source »

...Baltazar Cruz speaks only Chatino, barely any Spanish and no English. Last November, she went to Singing River Hospital in Pascagoula, Miss., where she lives, to give birth to a baby girl, Rubí. According to documents obtained by the Mississippi Clarion-Ledger, the hospital called the state Department of Human Services (DHS), which ruled that Baltazar Cruz was an unfit mother in part because her lack of English "placed her unborn child in danger and will place the baby in danger in the future." (Read "Should a Muslim Mother Be Caned for Drinking a Beer...

Author: /time Magazine | Title: Can a Mother Lose Her Child Because She Doesn't Speak English? | 8/27/2009 | See Source »

Baltazar Cruz's case has been taken up by the Mississippi Immigrants' Rights Alliance (MIRA) and the Alabama-based Southern Poverty Law Center (SPLC), whose lawyers say they can't comment on its specifics because of a judge's gag order. But Mary Bauer, the SPLC's legal director, says that on a general level, any notion that a mother can lose custody of a child because she doesn't speak a particular language "is a fundamentally outrageous violation of human rights." (Read "When Motherhood Gets You Jail Time...

Author: /time Magazine | Title: Can a Mother Lose Her Child Because She Doesn't Speak English? | 8/27/2009 | See Source »

MIRA has accused Singing River and Mississippi DHS of essentially "stealing" Rubí. Citing the gag order, DHS will not comment on Baltazar Cruz's case, but before the order, an official insisted to the Clarion-Ledger that "the language a person speaks has nothing to do with the outcome of the investigation." Singing River spokesman Richard Lucas calls the MIRA charge "preposterous" and, while noting that the nonprofit hospital delivered Baltazar Cruz's baby free of charge, insists it "did what any good hospital would have done given her unusual circumstances" by alerting...

Author: /time Magazine | Title: Can a Mother Lose Her Child Because She Doesn't Speak English? | 8/27/2009 | See Source »

Rosalba Piña, a Chicago attorney who co-hosts a local radio program on immigration law, agrees. She likens Mississippi officials to those who fought to keep 6-year-old Elián Gonzalez in the U.S. nine years ago because they argued his life would be better here than in impoverished Cuba with his father. "They're ignoring basic U.S. and international law," says Piña. "Unless there's some real threat to the child's life back in the home country, most judges know it's in the child's best interest to be with...

Author: /time Magazine | Title: Can a Mother Lose Her Child Because She Doesn't Speak English? | 8/27/2009 | See Source »

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