Undocumented immigrants may fear sudden arrest and deportation in a few days following the arrest. Any person with these fears who has minor children should take some actions to protect their children.
The first concern should be where are the children going to sleep and who will care for them. Without advance planning, the children may be declared abandoned and placed in the foster care system. Foster care can be avoided if advance planning is made with documents. Parents should select a trusted person to care for their children if the parents are suddenly removed from Massachusetts. These are people that will act as parents and provide food, shelter, and clothing.
Establish a Guardianship: Setting up a short-term guardianship allows parents to appoint a trusted individual to care for their child if they are detained or deported. This guardian can make decisions about the child’s education, medical treatments, and living arrangements. In Massachusetts, a person can execute a “caregiver authorization affidavit” which will allow another adult to act with parental authority along with the parent. This other person will be able to give permission for medical treatment, education, and to provide food and shelter. With this affidavit, the state won’t treat the child as abandoned. A caregiver authorization affidavit is valid for two years. If the parent is unable to return to the United States before the expiration of the caregiver authorization affidavit then a guardianship petition needs to be filed.
A guardianship is a long term way to provide care for a child. A guardianship petition must be filed in Probate Court. Once allowed, the guardianship may last until the child becomes an adult. A guardian is different from a caregiver because when a child has a caregiver, either the caregiver or the parent can make decisions for the child. When a child has a guardian, only the guardian, not the parent, can make decisions.
A caregiver authorization is not a court order. Some people may refuse to recognize a caregiver authorization affidavit as valid. Everybody will comply with a court ordered guardianship. If the parent is deported and the children are to remain in Massachusetts, it will be best to file the guardianship as soon as possible.
There are resources that a person may access to understand their rights and make contingent plans in the event of an arrest by ICE (Immigrations and Custom Enforcement).
Legal Resources: Organizations like the National Immigrant Justice Center and the Immigrant Legal Resource Center offer “Know Your Rights” resources to help families plan ahead and ensure the safety of children.
Emergency Preparedness: The Children’s Thrive Action Network provides toolkits and resources to help families prepare for potential deportation scenarios. These resources include legal services directories, rapid response plans, and guidance on protecting children’s mental health.
Community Support: Engaging with local community organizations and support networks can provide additional resources and assistance during difficult times.
Taking these steps can help ensure that children are cared for and protected, even in the event of a parent’s deportation.
Any person who is not properly documented should consult an immigration attorney to see if they can obtain the necessary documentation. A consultation with a lawyer to discuss guardianships is advised to protect children.
