Massachusetts Court Orders 8-Year-Old U.S. Citizen to be Sent to Guatemala, Sparking Constitutional Concerns
The Massachusetts Department of children and Families (DCF) is preparing to send an 8-year-old American-born girl to Guatemala to live with her biological father, despite allegations of past abuse and a recent court ruling dismissing a challenge to the transfer. The case has ignited a fierce debate over parental rights, child welfare, and the constitutional protections afforded to U.S. citizens.
The controversy centers around the girl’s father, esvin Cabrera, who was deported to Guatemala after his work visa expired shortly after her birth. According to a lawsuit filed in the case,Cabrera was never prosecuted for allegedly raping the girl’s mother,Alexsa Ramirez,when she was 15 years old. Ramirez later lost custody of the child due to ongoing mental health and substance abuse issues, and her parental rights were terminated.
The girl entered the foster care system at age four and was eventually placed with John and Catherine Cobbett-Walden of New Bedford, who later sought to adopt her. Though, in May 2024, DCF reversed course, deciding to pursue reunification with Cabrera, despite his history and the fact that he had not actively sought involvement in the child’s life for at least four months after her removal from her mother’s care. Supervised visits transitioned to unsupervised visits, but were halted in October 2024 when Cabrera was again deported, this time by ICE.
Despite Cabrera’s deportation, a Massachusetts Juvenile Court judge last year ordered DCF to transfer custody of the child to him in Guatemala, concluding he was “fit” to parent her. “DCF is required to follow court orders related to accompanying a child when they are being reunited with a family member,” a spokesperson for the state Executive Office of Health and Human Services stated.
The foster parents filed a federal lawsuit arguing that removing the girl violates her U.S. citizen constitutional rights.”They’re expelling this girl out of the country where she’s a citizen without due process in violation of her constitutional rights,” explained attorney kirsten Zwicker,who filed the case. “And we’ve come to learn while handling this case, DCF routinely facilitates the removal of U.S. citizens outside the country.” The foster parents also contend that placing the child with a father accused of such a serious crime is detrimental to her well-being, and that the father has never parented the girl, and she does not speak Spanish.
However, on Friday, U.S. District Judge Angel Kelley dismissed the lawsuit on jurisdictional grounds, citing the “Younger Abstention Doctrine,” which prevents federal courts from interfering with ongoing state court proceedings. The judge noted that state courts frequently order international custody arrangements. “Thes custody determinations demonstrate that states retain a strong interest in the welfare of children and families, even where it requires children move outside of the United States,” Kelley wrote in her ruling.
The foster parents have filed a notice of appeal, hoping to bring the case before the U.S. Court of Appeals for the First Circuit. Simultaneously occurring, a GoFundMe page launched this week to support their legal battle has already raised over $18,000, with a goal of $25,000. “DCF could put S.R.C. on a plane to Guatemala as early as tomorrow, but this is not just about S.R.C.,” the fundraising page reads. “This is about all the invisible and forgotten American kids who DCF puts on a plane and sends out of the country without any accountability for the fate of those children or the consequences of DCF’s failed system.”
The foster father is a teacher in dedham, where the girl attends school, and the foster mother works at a Taunton church and provides educational support in Bridgewater. This was the couple’s first experience as foster parents,and they had hoped to provide a permanent home for the child. The case raises profound questions about the balance between parental rights, the safety and well-being of children, and the role of the state in protecting its most vulnerable citizens.
