In the face of potential immigration enforcement actions by ICE, having a preparedness plan can significantly reduce anxiety for immigrant families.
Antonia More and Claudia Quintana, attorneys associated with the Bar Association of San Francisco, underscored the importance of such planning during a recent webinar hosted by the San Francisco Public Library.
The concerns about ICE detentions are especially pressing for mixed-status families, where some members are U.S. citizens while others may be undocumented.
For many, the fundamental questions arise if parents or spouses are detained: Who will care for the children left behind? What steps should family members take?
More, who leads the Bar’s pro bono program, and Quintana, a staff attorney there, provided insight on creating actionable responses in cases of detention
Quintana emphasized that while individuals cannot directly intervene with ICE operations, they can cultivate a well-thought-out plan to navigate these challenging situations.
One critical aspect of preparedness involves arranging childcare.
Families are advised to designate a trusted caregiver for their children should either parent be arrested by ICE.
It is essential that this designated person is familiar with the children and is capable of advocating on their behalf.
Parents should discuss these plans with their children, if age-appropriate, and inform the adults who will take on caregiving responsibilities.
In California, parents must complete specific paperwork to formally designate a caregiver.
This could involve filing either a Caregiver’s Authorization Affidavit or a legal guardianship petition, each with its advantages and disadvantages.
The Caregiver’s Authorization Affidavit is recommended for its quick and straightforward process.
This affidavit allows caregivers to enroll children in school and access necessary medical care, like vaccinations, without needing extensive legal proceedings.
However, if the caregiver isn’t a close relative, they will lack certain rights, such as making comprehensive medical decisions, which can complicate caregiving arrangements further.
Alternatively, parents may opt for legal guardianship, which requires the filing of a petition with the court and judicial approval, typically using Form GC-210 and related documents.
While this process can extend over several months, successfully obtaining guardianship confers full legal rights on the caregiver.
Quintana noted that legal guardianship allows caregivers to make medical decisions and enroll children in essential public benefits – vital protections in the event of parental detention.
Both attorneys stressed the necessity of having these forms filed with the assistance of an attorney, rather than a notario or notary public, to avoid potential legal pitfalls.
Beyond the designation of caregivers, families should also ensure they have their essential documents organized and easily accessible.
Important documents, which should be stored securely but in a manner accessible to the designated caregiver, include passports, birth certificates, vaccination records, and health insurance information.
More advised against overcomplicating this task: “You don’t have to make it more complicated than that.”
Furthermore, in the event of a family member’s detention, maintaining communication is vital.
Quintana and More introduced families to “Ready Now,” a free app developed by the Human Rights First Innovation Lab.
This application provides a platform for families to upload critical documents and emergency plans, sharing them with designated contacts if a detention occurs.
Additionally, the app allows users to notify the National Immigration Litigation Alliance, a national network of pro-bono attorneys, in case witnesses observe an arrest.
Ultimately, proactive preparation can serve as a significant lifeline for immigrant families facing the uncertainties surrounding ICE detention.
Developing a strategy not only equips families with needed resources but also fosters a sense of security during tumultuous times.
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