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Contingency Planning for Undocumented Parents
Contributor: Van T. Doan
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Recent political developments have alarmed many parents in the U.S. who are undocumented immigrants: what will happen to their children if they should be deported? Whether or not the children themselves are U.S. citizens, they will need someone to care for them. Just leaving a child with a relative and trusting that all will be well is not a viable plan to ensure the child's safety. If you are ordered deported, you will probably not have time to make arrangements for your children, so it's very important to plan in advance.
Let's talk about both some practical things to consider if you are worried about deportation, and different types of arrangements that can be made for your kids.
In Case You Are Deported: Practical Planning
If your children are U.S. citizens and do not have a passport, get them one immediately. They will not be able to travel outside the country without it, and it will be extremely difficult to get them one if you are detained or deported.
Identify a caretaker for them and make sure the caretaker can do what you need them to. In particular, make sure they are not only willing but able to take care of your child indefinitely. You will also want to be sure that you are comfortable with your child being in touch with any other people, especially adults, who are in the household. Also ask: what kind of supervision will your child have? Will your child be able to remain in the school they now attend? If your child has special medical needs, such as asthma or diabetes, is the caretaker prepared to deal with these?
Your designated caretaker may also need to bear some financial responsibility for your child, but if you have bank accounts or other assets in this country, you may want to execute a financial power of attorney, making your child's designated caretaker (or another trusted person) the agent. This way, your child's caretaker will be able to access some of your money in order to care for your child. Before you execute a power of attorney, make sure you consult with an attorney who will fully explain the immense authority you are giving the agent over your finances.
Sharing Information About Your Child With a Caretaker
You may know everything there is to know about your child, but it will be very helpful to a caretaker to have things written down. Consider creating a document about your child that includes:
- Medical information, including health conditions, medications taken, allergies. health insurance information (if any), names, addresses and phone numbers of doctors and dentists
- School information, including grade, teacher, school address and phone number, any activities or clubs in which your child is involved
- Religious affiliation and church information
- Emergency contacts, including phone numbers and addresses of friends, neighbors, daycares, and any place your child may be found if they are not with you when you are detained
- Helpful things to know about your child, such as favorite books, toys, and games; favorite and most-disliked foods; interests, fears, and quirks; comfort items (such as a particular blanket or stuffed animal); curfews and restrictions for older children
This information can be given to the designated caretaker in a binder. Depending on your situation, you will have to decide whether to include other essential items such as copies or the original of the child's birth certificate, Social Security card, notarized copies of the document authorizing your caretaker to care for your child, and the financial power of attorney, if appropriate. Duplicates of documents for each child should be kept together with that child, such as in a packet in their school backpack. Another set of duplicates can be kept with another trusted adult, in case the caretaker needs it.
If you should be taken into custody by Immigration and Customs Enforcement (ICE), you will be given an alien registration number, or "A Number." This number will follow you through the immigration process, and it is very important that you know what it is and convey it to anyone, like your child's caretaker, who may need to get information about your case or location. Without your A number, they may not be able to do so.
Making Legal Arrangements for Your Child's Care if You Are Deported
As mentioned above, you must do more than simply leave your child in the care of another adult. Create some form of legal authorization for that person to care for and make decisions regarding your child, or your child could end up in foster care.
In Maryland, there are four options to authorize an adult to care for a child: informal kinship care, guardianship, custody, and power of attorney. Unlike some other states, Maryland does not have a special custody power of attorney.
You should contact an experienced Maryland immigration and family law attorney as soon as possible to discuss which of these options is best for you and your children. We invite you to contact our law office to schedule a consultation.
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Categories: Immigration Law