Adoption Outrage: Whose Child Is This?

Tug-of-love over undocumented immigrant's child in Missouri.
2:59 | 02/01/12

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Transcript for Adoption Outrage: Whose Child Is This?
Brian Ross investigation of something in the news today one little boy and his mother at the center of a raging debate tonight. About undocumented. Immigrants and who were about to meet a judge. Who said parents who bring children into this country illegally put the children at risk and he's ready to take -- away. ABC's chief investigative correspondent Brian Ross now and a team of bright young journalist Carnegie fellows have been following the trail on this story for more than six month. -- He was born as Carlos but is now called James. Adopted by Melinda and Seth moser of Carthage Missouri. After a judge there ruled he would be better off with the bolsters then -- his birth mother and illegal immigrant. -- -- love him more hadn't Karen out of role as a but now the adoption is being challenged by the birth mother and could -- -- on BL Romero a native of Guatemala. Who told ABC news her son was put up for adoption against her will. -- -- -- That crying man and gets sad because he's here now with me and I need him to be with me and technical means. She lost her son after being arrested five years ago in a federal immigration raid at this Missouri poultry plants and ended up helpless in federal custody. As the judge approve the adoption. -- nobody helped me because I don't speak English judge David Delhi terminated her parental rights saying illegally smuggling herself into the country is not a lifestyle that can provide any stability for the child. He told ABC news he stands by his decision obviously -- -- -- when -- In effect since -- us -- lawyer her punishment for coming to work in America illegally. -- to have her son taken away. Immigration in itself is not a reason to terminate parental rights the case highlights the growing problem -- civil rights groups call the shattered families of illegal workers caught -- immigration crackdowns. With an estimated 5100. Children in 22 states sent to Foster care while their parents are either detained or deported. And -- creating a collateral consequence. In which thousands of children are ripped away from their family -- with no real process for being reunite and. A lawyer for the Mexican and Guatemalan government says the US is sending an ugly message to Latin Americans and the ugly message -- talk for methods being -- by government officials. If you come here you could lose your children. The Missouri Supreme Court is now all ruled the judge in that case calling his decision a travesty of justice and ordered a new trial for later this month. I'm -- -- on his birth mother has been allowed to stay in the country to attend the hearing living now just blocks away from her little boy. But not committed to see him and -- the case is pending. She's not seen -- four and a half years and questions of a lot more out there thank you Brian and you can see all of -- reporting tonight on Nightline.

This transcript has been automatically generated and may not be 100% accurate.

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