How can I protect my family if I am detained or deported?

If you or someone you know is afraid of being detained or deported, there are steps you can take to protect yourself and your family ahead of time. Below are tips and forms non-citizen parents of minor children can fill out to make sure there is a plan in place to care for your children in the event of detention or deportation. If you are unsure of what documents or steps you should take, consult with a free immigration attorney.

Keep your documents in a safe place

Make sure all your documents are in a safe place and are accessible by a trusted friend or family member. Important documents to keep include your:

• passport
• birth certificate
• marriage license
• immigration documents (green card, work permit, visa, TPS, receipt notices)
• driver’s license or other state ID
• Social Security Card
• childrens’ birth certificates
• health insurance card  
• any document related to the care of your children

Designate someone to make decisions for your child

If you worry that at some point you might be detained or deported, you may designate another person to make those decisions on behalf of your child temporarily if you are detained by filling out a “Designation of Person in Parent Relation.”

The person who takes on this responsibility is called the “designee” or the “person in parental relation” to the child. The parent can limit the decision-making authority of a person in parental relation to a certain time period or to certain types of decisions, as long as these limitations are described in the designation. 

• Designation of Person in Parent Relation form (English, Spanish)

Standby Guardianship

A standby guardian is a person who is given temporary authority to care for another person’s minor child, while the parent or legal guardian is still alive. This person has greater power than a “designee” described above. The purpose of naming a standby guardian is to ensure that the child is able to receive immediate care from a trusted person if a specific event happens involving their parent, including being arrested, detained, incarcerated, deported, or if the parent anticipates being deported (also known as “Administrative Separation”).

When a standby guardian is appointed, the parent or legal guardian still keeps “full parental, guardianship, custodial or caretaker rights.” The parent or legal guardian can also cancel or revoke the standby guardianship at any time. 

Note: For a standby guardian appointment to be legally valid, a judge must approve of the guardianship before the triggering event happens. If a judge approves the standby guardian and the triggering event happens, the standby guardian can begin serving automatically. However, they must submit proof of the triggering event to the court within 90 days.

• Standby Guardian Designation Form here

Power of Attorney

A power of attorney is a contract in which you give another person or persons the authority to make legal and financial decisions for you. This does not involve guardianship or care for your child, just financial and legal decisions for you. The person you give the power of attorney to is called your “agent.” Under New York law, any mentally competent person may create a power of attorney. You can also name a “successor agent” who can step in if your first choice agent is unavailable for any reason. This may be important to have if you want to give someone else the power to access your bank account in the event you were detained, in order to obtain funds to pay for bond.

• Power of Attorney form here

Arrange Travel Documents for your Child

If you are a parent of a child under 18 years old and want to make sure your child can travel alone or without a parent, you must fill out a “travel permission form.” Both parents must give permission. If you cannot find the other parent or they do not consent, you must fill out this form and sign in front of a notary. If your child is a US citizen, they must have a US passport. Note: Check the airline’s requirement for children traveling without their parents as each airline has its own policy.

• Travel Permission form here

If you are detained

Remember, you have the right to remain silent even if you are detained. You also have the right to speak to an attorney. You do not need to and you should not sign any documents or answer any questions before you speak with a lawyer or without fully understanding what the document is saying.  

You should tell ICE if you have medical issues or need to arrange for childcare. ICE agents may not speak your preferred language. You have the right to request an interpreter for any conversation with ICE or any appointment or hearing you are given.  You can say, “I need an interpreter.” You have the right to an attorney. You do not need to sign any documents or answer any questions before you speak with a lawyer.

Once detained, you will have the right to make limited phone calls to your family, friends, community leaders, or attorney.  

To find free legal assistance

If you or a family member need free legal assistance with an immigration matter, dial 311 and say “ActionNYC” or call the Mayor’s Office of Immigrant Affairs (MOIA) Immigration Legal Support Hotline directly at 800-354-0365, which operates Monday to Friday, 9:00am to 6:00pm. If you need additional information, please visit MOIA’s webpage.

Resources: 

Have a plan in case of immigration arrest (LawHelp)

What You Need to Know About Advance Planning for Non-Citizen Parents (The Legal Aid Society)What to Do if You Are Arrested or Detained by Immigration (National Immigration Law Center)

For free legal help, call Legal Services NYC at 917-661-4500 Monday through Friday from 9:30 a.m. to 4 p.m. Learn more about our intake process here.

* The information does not constitute legal advice. You should always consult an attorney regarding your matter. Legal help subject to capacity and location.