How families can prepare for a potential deportation during back-to-school

As the new school year approaches, experts are encouraging parents to not only focus on school preparations but also to develop an emergency plan in the event of a possible deportation during the ongoing immigration raids in Los Angeles. 

CALÓ News spoke with Sharon Balmer Cartagena, the directing attorney of Public Counsel’s Child Youth & Family Advocacy Project. Since 2007, Cartagena has represented children, youth and families on a variety of legal issues, including family law, probate guardianships, access to public benefits, education rights and other legal issues that destabilize families and push them toward the door of child welfare. 

emphasized that as many families prepare for the back-to-school season, it's important to put an emergency plan in place. She noted that this can be done in various ways to reflect each family's priorities and help ensure a safe and effective plan of action for everyone involved.

Families' goals

Cartagena explained that the first thing they advise parents to consider is their long-term goals. Specifically, whether they want their children to stay in the United States with a caregiver or guardian, or if they envision their children returning to their country of origin to reunite with them after a potential deportation. “It's really important for families to think about their goal first because their plan will be based on that long-term goal,” Cartagena said.

Taking action

She also mentioned the importance of being prepared from the moment a family member is detained, including knowing exactly who the designated emergency contact person is. 

It's crucial to have a plan in place for the child to be picked up immediately, whether it's at the scene or even at school. She stressed the importance of making sure the designated caregiver is informed about the child’s medical history, any medications they need and other details that could help make the experience less traumatic for the child.

Important documents

Another piece of advice that is given to the parents is to gather vital documents that will be needed for the legal process of detainment and guardianship. Some of those documents include certified copies of birth certificates, passports and Social Security cards, which are almost impossible to get without a parent in the country. “It's really critical that folks also get those things now and have them in a space that isn’t going to be destroyed and have trusted individuals know where those documents are,” she said.

Emergency school cards

Cartagena encourages parents to update their child's emergency contact list because, usually, schools won’t release the child to just anyone who is not added to that list.

Understanding guardianship

According to the California Court, a guardianship is when an adult who is not a child's parent is legally responsible for the child's care because the child's parent is unable to care for them. It may also mean someone manages the child's money or property if the child has a substantial amount. 

Cartagena explained that if a parent plans to reunite with their child later, the designated caregiver must have access to the child's documentation and the ability to travel with them. It's also essential that the caregiver is able to leave and re-enter the country and has the financial means to cover travel expenses and enough to take care of the child for some time. “If someone committed to staying with the children until the person detained is released back in their home country, they need to consider that sometimes it takes weeks or months,” she said.

Before considering the guardianship option, it is important to consider to know that in California, guardianship fully suspends the parents' rights. “Parents have to know going into that guardianship is a great tool for a lot of people, but it is a full suspension of their rights and it can be very difficult to reverse and so it's a good tool for folks who want to stay, but not for folks who want to reunite,” Cartagena explained.

Caregiver's affidavit

According to the California Court, the Caregiver Authorization Affidavit is a form that can be used by a caregiver who is not the parent or legal guardian of the child in their home. This legal action lets people such as school officials and doctors know that the caregiver is the primary adult caring for the child and gives the caregiver the legal right to do certain things on behalf of the child. 

California law does not require the child’s parent or legal guardian to sign the Caregiver Affidavit. The purpose of this option is to ensure that minors living with non-parent caregivers have access to public education and essential medical care.

Precautions of potential scams

Cartagena also shared how many legal practices are offering short-term guardianship power of attorney, which in California has no legal significance and is “absolutely invalid,” said Cartagena. “You can transfer custody via a power of attorney in California, and so people are paying hundreds of dollars for these short-term guardianship powers of attorney, and they mean nothing. They don't give anyone guardianship.”

Public Counsel’s Child Youth & Family Advocacy Project has been actively conducting community presentations to educate individuals about their rights and to encourage families to develop emergency plans in case of potential deportations. 

Aside from the advocacy, they are also working to release a parents' workbook that will have frequently asked questions and that will provide a list of the documents that are needed to implement a safe and proactive plan.