Revised October 5, 2026
Undocumented immigrants may fear sudden arrest and detention by Immigration and Customs Enforcement (ICE), followed by removal proceedings or deportation.
It is possible that a child of an immigrant goes home from school, finds the home locked, and the parent is gone. The parent did not leave a message or even say goodbye. From the child’s perspective, the parent simply vanished.
What happens to the child?
Any parent who has these fears and has minor children should take steps in advance to protect their children.
The first questions are practical ones: Where will the children live? Who will care for them? Who can take them to the doctor? Who can deal with their school?
Waiting until a parent has been detained can make these questions much harder to answer. Massachusetts law provides several ways for parents to plan in advance.
Choose a Trusted Caregiver
Parents should first decide who they want to care for their children if they suddenly become unavailable. The person should be someone the parents trust and who is willing and able to provide a safe home for the children.
Parents should discuss the plan with the proposed caregiver before an emergency occurs. The caregiver should know where to find important information concerning the children, including medical information, school information, medications, insurance information and contact information for relatives.
Parents should also make sure the child’s school has current emergency contact information and knows who is authorized to pick up the child.
Simply telling someone that you want that person to care for your children, however, may not give that person the legal authority needed to make decisions for them.
A Massachusetts Caregiver Authorization Affidavit
One option is a Caregiver Authorization Affidavit under Massachusetts General Laws Chapter 201F.
This is not a guardianship and does not require a court proceeding.
A parent, legal guardian or legal custodian can use the affidavit to authorize an adult with whom the child resides to exercise certain parental rights concerning the child’s education and health care. The caregiver’s authority is concurrent with the parent’s authority. The parent does not give up parental rights and continues to have authority to make decisions for the child. If the parent and caregiver disagree about a decision, the parent’s decision controls.
The affidavit can remain valid for up to two years and can be reauthorized.
If the parent has been deported or is otherwise living in another country when the authorization needs to be renewed, the form can be sent to the parent in that country. The parent can sign it there with the required witnesses and notarization and return the completed document to the caregiver in Massachusetts.
The parent must sign the affidavit under the pains and penalties of perjury in the presence of two adult witnesses who are not the caregiver, and the document must be notarized. The caregiver must also sign it.
Copies should be provided to people and institutions that may need to rely upon it, including the child’s school, doctors and dentist.
For many families concerned about an unexpected detention, completing this document in advance may provide an immediate way for a trusted adult to handle the child’s medical and educational needs. This can prevent a child from going into the Massachusetts foster care system simply because the parent has suddenly been detained or deported and there is otherwise no person with legal authority to make necessary decisions for the child.
The Massachusetts Probate and Family Court provides the form and instructions at:
A Temporary Agent
Massachusetts law provides another option that may be useful for a shorter absence.
Under Massachusetts General Laws Chapter 190B, §5-103, a parent may appoint a temporary agent for up to 60 days.
Unlike a Caregiver Authorization Affidavit, which concerns education and health-care decisions, a temporary agent can be given broader authority concerning the care, custody or property of the child, with certain statutory exceptions. For example, the temporary agent cannot be given authority to consent to the child’s marriage or adoption.
There are important restrictions. If the child has another living parent whose whereabouts are known and who is willing and able to care for the child, that parent’s written consent generally is required before a temporary agent may be appointed.
Because a temporary-agent appointment lasts no more than 60 days, it may be useful when the expected separation will be relatively short.
The statute can be found at:
https://malegislature.gov/Laws/GeneralLaws/PartII/TitleII/Chapter190B/Section5-103
Guardianship May Be Appropriate for a Longer Separation
If a parent expects to be separated from a child for a substantial period, a guardianship may be appropriate.
A guardianship is different from a Caregiver Authorization Affidavit. A guardian is appointed through a court proceeding and receives legal authority to care for and make decisions on behalf of the child.
Massachusetts law permits a court to appoint a guardian in specified circumstances, including when the parents consent or when the court finds the parents to be unavailable or unfit to have custody. The court must also determine that the proposed guardian is qualified and that the appointment will serve the welfare and best interests of the child.
A petition for guardianship generally may be filed in the Probate and Family Court in the county where the child lives, unless another court already has jurisdiction over a proceeding involving the child.
A guardian has many of the powers and responsibilities of a parent concerning the child’s support, care, education, health and welfare. A guardianship ordinarily can continue until the child reaches adulthood unless it terminates earlier.
Parents should understand that guardianship has substantially greater legal consequences than signing a Caregiver Authorization Affidavit. Parents should consider whether the simpler caregiver procedure will meet the child’s needs before seeking guardianship.
Information about guardianship of a minor is available at:
https://www.mass.gov/how-to/file-for-guardianship-of-a-minor
Naming a Guardian in Advance Is Not the Same as Creating a Guardianship
Massachusetts law also allows a parent to appoint a guardian for a minor child in a will or another signed writing witnessed by at least two people.
This can be useful estate and emergency planning, but parents should not assume that writing down the name of a proposed guardian automatically transfers custody if the parent is detained or deported.
Under G.L. c. 190B, §5-202, a parental appointment of a guardian becomes effective only under the circumstances provided by the statute. Parents should not assume that detention or deportation, by itself, automatically causes a guardian named in a will or other document to take custody of the child.
The rights of the child’s other parent also must be considered.
Massachusetts law provides procedures that may allow a parent who anticipates becoming unable to care for a child to obtain advance court confirmation of a selected guardian. Whether that procedure is appropriate depends upon the family’s particular circumstances.
The statute can be found at:
https://www.mass.gov/info-details/mass-general-laws-c190b-ss-5-202
Parents who believe a guardianship may be necessary because of possible immigration detention should therefore obtain legal advice rather than relying solely upon a provision in a will or another document naming a guardian.
Prepare an Emergency File
Legal documents are only part of emergency planning.
Parents should prepare a file that a trusted caregiver can locate quickly. Depending upon the family, it may include:
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Birth certificates
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Passports
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Health insurance information
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Medical and vaccination records
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Prescription and medication information
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School information
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Contact information for doctors and dentists
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Contact information for relatives
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Copies of custody or parenting orders
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Immigration attorney contact information
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Copies of any Caregiver Authorization Affidavit or Temporary Agent appointment
The caregiver should know where these documents are located before an emergency occurs.
Parents should also consider what would happen if the child eventually needs to travel outside the United States to reunite with a parent. Passport and travel-consent issues should be addressed in advance, particularly when another parent has parental rights.
Massachusetts Has an Emergency Planning Guide
The Massachusetts Attorney General has published an Emergency Planning Guide for Parents with Uncertain Immigration Status specifically for families concerned about sudden detention or deportation.
The guide discusses Caregiver Authorization Affidavits, temporary agents, guardianships and other planning considerations. It explains the differences among these options and can help parents begin thinking about which arrangement may be appropriate for their family.
The guide is available at:
The Massachusetts Caregiver Authorization Affidavit itself is available at:
https://www.mass.gov/doc/caregiver-authorization-affidavit/download
Massachusetts also maintains resources for immigrants, including emergency-planning information:
https://www.mass.gov/info-details/resources-for-immigrants-in-massachusetts
These materials are useful starting points, but the appropriate arrangement depends upon the circumstances of the individual family.
Get Legal Advice Before an Emergency
A parent concerned about immigration detention should consider speaking with two types of attorneys.
An immigration attorney can advise the parent concerning immigration status, detention, removal proceedings and possible immigration relief.
A Massachusetts family-law or probate attorney can advise about custody, Caregiver Authorization Affidavits, temporary agents and guardianship.
The best time to make these decisions is before an emergency occurs.
Parents cannot necessarily prevent an unexpected immigration detention. They can, however, make plans so that if they suddenly cannot return home, their children have a trusted adult ready to care for them and that person has the legal documents necessary to help.
Advance planning can make an extraordinarily difficult situation safer and less frightening for a child.
A parent may not be able to control what happens in an immigration proceeding. A parent can make sure that, if the unexpected happens, there is a plan to protect their children.
