How to prepare if a parent or legal guardian is detained or deported

Increased immigration enforcement across Los Angeles — sweeping workplaces, homes and grocery stores — has left many families worried about their future.

LAist gathered resources and spoke with legal and mental health experts to help immigrant families plan in case a parent or legal guardian is being detained or deported. This guide is meant to be helpful, but please consult a lawyer for legal advice regarding your specific situation.

Create a family preparedness plan

Don’t be afraid to exercise your rights, said Kristen Hunsberger, a managing attorney with Immigrant Defenders Law Center, a nonprofit offering legal services to immigrant communities.

“I know it's a very scary time in our communities and I think a way to push back against that is to feel empowered with your rights, but also to have a plan if unfortunately, something does happen,” Hunsberger said.

The center created a comprehensive checklist (Spanish version) to help families plan for an immigration emergency. This includes:

• coordinating care for your loved ones 
• gathering important documents for yourself and your family 
• finding credible legal counsel 
• updating your emergency contact list  

Hunsberger said a key part of the plan is communication, reviewing it as a family and discussing it in advance with a designated caregiver, as well as your child’s school and doctor.

Read more: Here's what the law says about civil rights — regardless of immigration status

How to plan for childcare if detained or deported

The Immigrant Legal Resource Center, dedicated to educating immigrant communities and those supporting them, created a step-by-step toolkit to help immigrant families navigate emergencies, including several ways families can arrange childcare if a caregiver is detained or deported:

1. The simplest and most informal option is a verbal agreement — asking a trusted adult to care for your child if you’re unable to. This doesn’t require any paperwork. However, the caregiver wouldn’t have the legal authority to make medical or school decisions, which could pose challenges if the arrangement is long-term. 
   
2. Another option is having a trusted adult fill out the Caregiver’s Authorization Affidavit (“CAA”). This form allows that person to make certain school-related and medical decisions for your child. The form should be given to your child’s school or healthcare provider. Don't worry, this form will not affect your parental rights, and you will continue to have custody of your child. 
   
3. Guardianship is the most formal arrangement. In this case, the California Probate Court appoints a guardian, who would gain legal and physical custody of your child and can make decisions on their behalf.  

Parental rights are suspended during guardianship, but not terminated. To regain custody, a caregiver needs to file a petition asking the probate court to end the arrangement. The final decision rests with the judge, who decides what is in the best interests of the child.

How to get a child a passport if one parent is absent

This is a frequently searched question online. Parents or guardians seeking a passport for a child under 16 will have to apply in person at a passport acceptance facility, such as a Post Office.

If one of the legal guardians can’t be present to apply for the passport, they will have to complete the Form DS-3053, “Statement of Consent.”

If one of the parents or guardians can’t be located, there’s another form, DS-5525, “Statement of Exigent/Special Family Circumstances.”

Gathering important documents

Gather important documents now in case a parent or guardian is detained or deported. These records should be kept somewhere safe — preferably both physically and digitally — and a trusted person should know where to find the information.

According to the IDLC, here’s what families should have ready:

• Identification documents: Passports, birth certificates, marriage certificates, Social Security numbers and driver’s licenses, if applicable.
• Financial records: Tax documents, mail from your bank that include your name and address, Individual Taxpayer Identification Number (ITIN) card, if applicable.
• Immigration records: Receipts for applications, copies of visas, permits, or other forms of identification, alien registration number (A-number) and any correspondence with immigration attorneys or agencies.
• Medical information: Health insurance cards, medical records, vaccination cards, a list of known allergies and medications and contact information for your doctor.
• Important contacts: Emergency contacts, children’s teachers, appointed caregiver(s), lawyer.
• Other helpful documents: Proof of U.S. residency indicating how long you’ve lived in the country, such as lease agreements, utility bills, etc.

Find immigration legal services

Hunsberger said in the worst-case scenario, if a parent or guardian is detained or deported, there are legal resource hotlines that families can contact to get resources.

• Rapid Response Legal Resource Hotline helps Southern Californians who were detained: (213) 833-8283 
• LA Rapid Response: (888) 624-4752 

You can also find an attorney in your area at the American Immigration Lawyers Association or the National Immigration Legal Services Directory.

“If they don't have an attorney, at least having the phone number of a trustworthy organization that they can contact,” Hunsberger said.

U.S. Immigration and Customs Enforcement has an online system that can help you figure out if your parent or legal guardian has been detained, although the online locator has had issues.

There are also procedures in place when a parent or legal guardian is detained by ICE, including visitation with their child, coordination of care and participation in any court or child welfare proceedings.

“The rules for family visits are different and vary for each detention center,” Hunsberger said. “Typically, groups of detainees have different visiting hours.”

How to emotionally prepare your child

Suma Setty, a senior policy analyst on the Immigration and Immigrant Families team at the Center for Law and Social Policy (CLASP), said she’s concerned about how adverse childhood experiences, or ACES — a framework linking traumatic circumstances during childhood to long-term impacts in adulthood — affect immigrant and mixed-status families during immigration crackdowns.

“There’s been so much research that connects immigration enforcement policies to negative wellbeing outcomes for children,” Setty said. “Even just the threat [of deportation or detention of a loved one] is enough to impact a child.”

That’s why she believes it’s important for parents or caregivers to talk to their children about the possibility of being detained or deported.

Families are likely to experience anxiety, including fear, worry and apprehension during such uncertain times, said Jose Corena, a psychologist and marriage and family therapist at Centro De Bienestar Familiar, a family wellness center providing free or low-cost services. He wants parents to understand that their emotions and behaviors affect their children — whether that’s hyper fixating on social media or isolating.

“The number one tool to deal with anxiety is to be prepared as best as you can,” Corena said.

He emphasizes the importance of having a family plan for worst-case scenarios and to include your child in the process, so they have a sense of agency instead of feeling helpless or hopeless.

Parents or caregivers can use communication tools like art, movement, or therapy to engage with children, such as drawing, dancing, or using puppets.

“Healing strategies [help] reassure the child that [a parent’s] going to be there for them, that they're not alone, such as playing a game, reading a book together, praying together,” Corena said. This is a way to reassure your child that they are protected.

Corena said if there’s changes in a child’s mood or behaviors — eating habits, sleeping patterns, irritability, or social isolation — it is important to consult a doctor or mental health provider to ensure this does not develop into a chronic condition.

Children's books discussing immigration and separation

• Tengo Miedo (I’m Scared) by Marlene Huerta is a bilingual book focusing on coping skills for children of immigrants. The author created a free PDF version in response to heightened immigration enforcement.  
• Mama's Nightingale: A Story of Immigration and Separation by Edwidge Danticat tells the story of a Haitian immigrant family whose mother is detained in an immigration detention center. To support her young daughter, Saya, she sends bedtime stories on cassette tapes during their separation. In this, Saya discovers the power of her own words. The book is available at the Los Angeles Public Library.