Emergency Planning Guide for Parents with Uncertain Immigration Status
Parents with uncertain immigration status may be concerned about the care and custody of their children in the event of sudden detention or deportation by federal immigration officials. The following are legal options that a parent might want to consider for a child who would remain in the United States in the event of parental detention or deportation.
Deciding whether one of these options is the right choice for a particular family will depend on the circumstances of that family. For example, if a parent anticipates only a short separation from a child, the caregiver authorization or temporary agent authorization might make the most sense. If the separation is likely to be long-term or the caregiver would take the child to live in a different state, the additional legal protections of a guardianship may be preferable. Each of these is discussed in more detail below.
For each option, the parent may want to prepare the necessary forms in advance so that the parent, the child, and the person who will care for the child will be ready if the need arises.
Resources
The following are resources that parents may find helpful as they think through methods of arranging care for children in the face of detention or deportation.