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Ice on Immigration:
Protecting your dependents if you are undocumented
By L. Patricia Ice, Featured
Columnist
Question: I am an
undocumented immigrant. There is always a chance that I could be
apprehended and jailed by the police or immigration agents. In case that
happens, what I can do in advance to protect and prepare my United
States citizen minor child for my sudden incarceration or deportation?
Answer: You are wise for thinking about this in advance. You should
obtain a United States passport for your child as soon as possible. It
is also a good idea to check with your nearest country consulate to
inquire about entry requirements for your child. You should also ask
about whether your child is eligible for citizenship in your native
country and, if so, how that citizenship can be documented. Your child
will probably be able to join you in your home country should you be
deported. If you have to leave and you want your child to stay in the
United States most states require you to have guardianship papers from a
court in order to leave your child with a trusted United States citizen
or lawful permanent resident relative or friend. A notarized letter or
note giving an adult permission to care for your child is not a legally
acceptable way to give that person custody of your child. Please see a
lawyer to draw up and have you sign legal guardianship documents before
something happens. If you child is old enough, explain to the child the
possibility that you could be arrested and/or detained by immigration
authorities. Make sure that your child knows the family member or friend
to contact and stay with in case you are apprehended. Make sure that
school authorities also have contact and other information about your
trusted relative or friend. Your child should have a key to your
dwelling so that she has access to her clothes and belongings should you
be detained.
You
should probably NOT give your child up for adoption. Adoption by another
can cut off any immigration benefits your United States citizen child
could pass on to you. Please consult an immigration attorney before
signing any documents to give up total legal custody or rights to your
child. All guardianship court orders should be of a temporary nature.
Finally, it is a good idea to save as much money as you can, preferably
in a bank or credit union, and make it accessible to your child, trusted
relative or friend. This can be done by getting a power of attorney for
your family member or friend. You will need money for expenses for your
child and you may also need money to pay for bonds, fines, legal and
travel expenses, which can cost thousands of dollars. The more money you
save and have on hand, the better.
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