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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.