Decide What Kind of a Child Care Plan You Want to Put in Place

There are various ways to plan for another adult to care for your child if you are unable to do so. Some of the options, especially for California are:

1.    Verbal Agreement: The most informal arrangement is to let another adult know of your wishes for your child and to verbally agree with them that they will carry out your wishes to care for your child if you cannot. The benefit of this is that it is informal and easy – you do not need to complete any forms or legal documents, and such an agreement will not affect your parental rights. The downside of this informal arrangement is that your chosen caregiver will not have legal authority to make medical or school-related decisions on behalf of your child, which would be problematic if you were deported and unable to care for your child for an extended period of time.

2.    Caregiver’s Authorization Affidavit (“CAA”): The next option in California is to not only get another adult’s verbal agreement to care for your child in the event you are unable to, but to have that adult complete a Caregiver’s Authorization Affidavit (“CAA”), which allows them to make certain school and medical decisions on behalf of your child. The benefit of this approach is that the CAA can be given to your child’s school or health care provider so that your chosen caregiver can make certain decisions for the child, and it does not affect your parental rights (you still have custody and control of your child). More information about the CAA and a form you can use are included in Part IV of this toolkit. Please note: the included Caregiver’s Authorization Affidavit can only be used in California.

3.    Guardianship. The most formal arrangement is to have a court appoint a guardian for your child. The benefit of guardianship is that once someone has been appointed as a guardian by a California Probate Court, that person has full legal and physical custody of your child, meaning they can make decisions on behalf of your child. Please note: When a guardian is appointed, this does not terminate parental rights, but it does suspend them while the guardianship is in place. The drawback of guardianship is that it must be terminated by the Probate Court in order to get your parental rights back. Please note you must file a petition in the Probate Court requesting the court to terminate the guardianship and it is up to the Judge to decide on what the best option for your child is.

Keep in mind that in California you cannot grant another person guardianship of your child informally or through a power of attorney – only a state court can do that. However, you can prepare a Form GC-211 to nominate a specific person to be the guardian of your child. The court will then consider Form GC-211 if and when a guardianship petition is filed. You can also make the nomination conditional upon your detention and/or deportation by completing an attachment to the form GC-211 that specifies when the nomination will be effective. Nominating someone else to have legal custody of your child is a serious decision; please connect with a trusted legal services provider to get more information.  

A Note on Power of Attorney. A power of attorney is a written document that you can sign to grant another person the authority to act on your behalf in specified ways. For example, a power of attorney may be used to designate another person to handle your finances, make business decisions, use your money to pay your rent or mortgage, use your money to provide for your child, and similar actions. In California, we do not recommend that a power of attorney be used to designate another person to care for your child. While a power of attorney may be a good option in other states, in California, it cannot be used to transfer custody of your children to another person (only a state court can do that). It may be possible to use a power of attorney to grant someone else the authority to make medical and educational decisions on behalf of your child, but in California completing the Caregiver’s Authorization Affidavit is a simpler and less costly way to do the same thing. 

Write Down Instructions if Your Child Has Any Medical Conditions and /or Takes Any Medications

Make sure to write down any medical conditions or allergies your child has, any medications that your child takes, as well as doctor and health insurance information. Keep a copy of this information in your important documents file. Give a copy to your child’s school and the adult you designate to care for your child. Let your child know where to find this information if you are not around.  

Make Sure Your Children All Have Passports

If your child was born in the United States, visit www.travel.state.gov for more information on obtaining a U.S. passport. If your child was born in a different country, check with the embassy or consulate for more information on obtaining a passport.  

Inform Your Family and Emergency Contacts About How to Find You if You Are Detained by ICE

Family members can use the ICE detainee locator:  https://locator.ice.gov/odls/homePage.do to find someone in ICE custody. Be sure your family and emergency contacts have a copy of your A-Number (your registration number found on your immigration documents from ICE), if you have one. 

Talk to Your Family About Your Plan

Without worrying them, assure your children that they will be taken care of if for some reason you are unable to care for them, even for a short time. Let them know who will care for them until you can.   

Where to Find a Trusted Legal Services Provider in Your Area:

Getting a proper legal consultation from a trusted expert is crucial in family preparedness planning since they can better determine if you are currently eligible for any immigration benefit. The Immigration Advocates Network National Immigration Legal Services Directory lists nonprofit organizations that provide free or low-cost immigration legal services: https://ilrc.me/findhelp 

Understand Who Can Give Immigration Advice 

The best way to avoid fraud in legal representation is to look for legal services providers that meet certain requirements. This can be hard if you are unsure of where to begin the search or what kinds of duties a legal representative traditionally provides for their clients. 

There are two categories of people who can give legal advice in an immigration case: 

• Attorneys: To practice immigration law, which is federal law, an attorney can be licensed in any state but must have a valid license and be ‘in good standing’ with the bar association. Attorneys can give legal advice, help file immigration petitions and requests, and represent individuals in court proceedings before an immigration judge. You can verify an attorney’s credentials with the state bar in the state where they are licensed. The Department of Justice also keeps a list of attorneys who are no longer able to practice: https://www.justice.gov/eoir/list-of-currently-disciplined-practitioners 
• Department of Justice (DOJ) accredited representatives: A DOJ accredited representative is a non-attorney who has been certified by the DOJ to work on immigration matters. The person must be affiliated with a non-profit that is recognized by the DOJ. An accredited representative can give legal advice, file immigration applications, and, if fully accredited, represent clients in immigration proceedings.

What To Expect from a Legal Representative 

A legal services provider has the duty of representing each client to the best of their abilities. These are some best practices you should expect from a legal services provider:

•  Sign a contract: You should be provided with a written contract which outlines the services to be provided and what fee (if any) will be charged. 
• Be informed about your case: A legal services provider should keep you informed about the progress and status of your case. They should explain the immigration benefit you qualify for, the application process, and answer any questions you have.
• Copies of all documents: A legal services provider should give you a copy of all documents submitted on your behalf as well as copies of any receipt notices sent by the government. They should never refuse to give you a copy of these documents or your file. In most cases, an attorney should not charge you to get a copy of your file unless you agreed to pay for photocopies in your original agreement.

Everyone – both documented and undocumented persons – has rights in this country. Talk to everyone in your family (including children) and household to make sure they all know what to do if approached by immigration officials (ICE) or if immigration officials (ICE) come to your house. 

ICE at Your Door. What do you do?

• Do not open the door for ICE or any police officer without a signed warrant.
• You do not need to open the door unless an ICE agent can show you a warrant signed by a judge with your specific and correct name and address on it.
• If ICE knocks on your door, ask them to slide the search warrant under the door or show it through a window.
• Make sure the warrant is signed by a Federal Court judge and has your address on it. IF the warrant is an administrative warrant signed by ICE, you DO NOT have to open your door and consent to let them enter. Once you open your door and allow them in, you lose certain rights.

Keep a Know Your Rights red card on you and by your door at all times. The red card explains your rights and that you do not have to open the door. You can slide it under the door to ICE, show it to ICE, or read the English side of the card to ICE. Have your children and other family members practice showing it or sliding it under the door. You can find print-at-home red cards in 14 languages at https://www.ilrc.org/red-cards

Talking to ICE. What do you do?

You have the right to remain silent and can refuse to answer ICE’s questions. Say that you want to remain silent until you speak with a lawyer. Do not answer any questions, especially about your birthplace, immigration status, or how you entered the United States. Do not give them any personal information about yourself or anyone in your family. Have your children and others in your family and household practice saying “No” to ICE. 

You have the right to refuse to sign anything before you talk to a lawyer. Do not sign anything you do not understand and agree with. That could eliminate your right to speak with a lawyer or have a hearing in front of an immigration judge. This may result in you being deported immediately without a hearing. If you wish to remain in the United States, ask to go before the immigration judge.

You have the right to speak to a lawyer and the right to make a phone call. Make sure to memorize or carry the phone numbers of the person you will call in an emergency. Ideally, this person would be someone who can put your plans and wishes into place, call your immigration attorney, and access your important documents. 

If you encounter ICE:

Remain calm and do not try to run away.

If you do, ICE or the police may use that against you.

 

Your Country’s Consulate

Have the contact information for your country’s nearest consulate. Many consulates have an emergency number for cases where you need immediate assistance. Have that number written down in case ICE detains you. 

 Know Your Rights Materials and Other Resources 

There are many of resources available to teach you about your rights. Below are just a few places to start looking if you want to learn more about immigration law. 

§  Informed Immigrant:  https://www.informedimmigrant.com/ 

§  National Immigration Law Center (NILC):  https://www.nilc.org/ 

§  Immigrants Rising: https://immigrantsrising.org