Facing the possibility of deportation is one of the most distressing situations for an immigrant and their family. Taking proactive steps to protect your money, your assets, and, most importantly, your children’s well-being can make a crucial difference in a time of crisis.
Recent raids against migrants conducted by the U.S. Immigration and Customs Enforcement (ICE) have raised concerns about how to protect your money and family, in addition to sparking protests and demonstrations across the country, from Los Angeles to New York. These actions have resulted in multiple arrests and the deployment of the National Guard.
According to CNBC, these actions have increased concern among immigrants about how to prepare for emergency scenarios, such as detention or deportation.
This guide details the practical and legal steps you can take to prepare.
Protecting Your Assets and Finances
U.S. law generally does not automatically seize a person’s assets upon deportation. However, accessing and managing your assets from abroad can become extremely complicated.
Key Actions to Consider:
- Grant a Power of Attorney: This is one of the most important documents you can prepare. A power of attorney is a document through which you authorize a trusted person (a family member or close friend) to make decisions and handle financial and legal matters on your behalf if you are unable to do so. This person, known as your “agent,” could:
- Manage your bank accounts.
- Pay bills, mortgages, or rent.
- Sell property or vehicles.
- Manage your business.
- Bank Accounts and Property:
- Add a Trusted Co-Owner: Consider adding your spouse or another trusted family member as a co-owner on your bank accounts. This would allow them direct access to the funds.
- Check International Access: Speak with your bank to understand their policies on managing accounts from abroad. Ask about fees for international transfers and whether you can manage your account online from your home country.
- Joint Ownership: Registering property in more than one person’s name can make it easier to manage in your absence.
- Plan What to Do with Your Belongings: Decide in advance which personal belongings you would take, which you would store, and which you might need to sell or give away.
Protecting Your Children and Family
For parents, the primary concern is the safety and care of their children. It is vital to have a clear plan for them.
Key Steps to Protect Your Children:
- Create a Family Emergency Plan: This plan should be a detailed document containing all crucial information for your children’s care. Include:
- Emergency Contacts: Names, phone numbers, and addresses of family and friends who could take care of your children.
- Medical Information: Your children’s doctors’ names, allergies, medications, blood type, and health insurance policies.
- School Information: Name and address of the school, schedules, teachers’ names, and school staff contacts.
- Important Documents: Keep copies of your children’s birth certificates, passports (both U.S. and parents’ country of origin, if applicable), Social Security cards, and immigration records in a safe and accessible place for the person you designate.
- Designate a Legal Guardian: This is a formal legal step and should be considered carefully.
- What Is Guardianship? It is a court process through which a judge appoints a trusted adult (the “guardian”) to care for your minor children if you are unable to do so. This person will have the legal authority to make important decisions about your children’s upbringing.
- Important: Designating a legal guardian is a serious matter that temporarily transfers your parental rights. It is essential to consult with a family law attorney to understand the implications and process in your state, as laws vary.
- Power of Attorney for Childcare: Some states have documents that allow another person to make decisions about your children’s care temporarily, without the need for a court guardianship process. Consult with an attorney to see if this is a viable option in your case.
Know Your Rights and Seek Legal Help
Being informed about your rights is your first line of defense.
- Right to Remain Silent: You have the right not to answer questions from immigration agents.
- Do Not Sign Documents You Do Not Understand: Never sign a document, especially a voluntary departure order, without first speaking to a qualified immigration attorney. Signing could waive your right to a hearing before a judge.
- Right to an Attorney: You have the right to hire an attorney. If detained, ask to speak with your attorney. Keep the phone number of a trusted immigration attorney with you at all times.
- Contact Your Consulate: Your consulate can offer assistance, such as helping verify your identity and, in some cases, providing legal aid or helping recover assets.
Resources and Support Organizations
You are not alone in this process. Numerous nonprofit organizations offer legal assistance and resources to immigrants at low or no cost.
- Immigrant Legal Resource Center (ILRC): Offers guides and resources, including templates for family preparedness plans.
- National Immigrant Justice Center (NIJC): Provides legal services to immigrants, refugees, and asylum seekers.
- Coalition for Humane Immigrant Rights (CHIRLA): Offers legal services, including deportation defense.
- American Immigration Lawyers Association (AILA): Can help you find a qualified immigration attorney in your area.
Preparing for a deportation scenario is a difficult but necessary task. By organizing your finances, establishing a clear plan for your family, and knowing your rights, you can ensure a greater level of protection for your loved ones and your assets. It is highly recommended to seek qualified legal advice to tailor these tips to your specific situation.
