Moms and dads who are undocumented but have US citizen children can do a few things to be prepared for the possibility that they are picked up and their children need to be cared for in their absence–
- The State of Texas publishes a form called “Authorization Agreement for Nonparent Relative” which allows a parent, no matter his or her status, to designate a relative to care for their minor children.
- the relative must be the father/mother/sister/brother of either of the biological parents, and the named relative must be at least 18 years of age
- the relative should be a citizen or LPR if absolutely necessary
- the form will allow the relative to take care of the child, making medical and most other decisions for the child with legal rights to do so
Please note: This allows caregiver to make medical decisions, health insurance, educational decisions, etc. THIS DOES NOT IMPACT PARENTAL RIGHTS
- Parents without a citizen or LPR relative can execute a “Special Power of Attorney” to care for their minor children, and use this form to name a trusted neighbor or friend
- It is also recommended to execute a financial power of attorney (or statutory durable power of attorney) which gives the same individual the rights and abilities to access financial institutions, take care of the family’s lease, etc. The person caring for your children may need to have access to your finances to make sure that the children’s needs are met.
- We recommend having the power of attorney be effective immediately, rather than being a power of attorney that becomes effective “upon disability,” which is an option for these forms. This does give someone the ability to access your finances immediately, so they need to be trusted. However, this is better than the scenario where you cannot be located and the power of attorney won’t be honored (because there is no way for anyone to verify you are disabled)
- Having a full plan is necessary– your children should keep a postcard with emergency contacts (phone numbers for the power of attorney agents and relatives), and the adults you name should be given complete copies of all important documentation, including documents for your children which may be needed for enrollment in school
- Your children should also be aware of who they need to call and where all the information is being kept. Without worrying them, assure your children that they will be taken care of if for some reason you are unable to care for them, even for a short period of time. Let them know who will care for them until you can.
- Schools should also be given contact information, so that they know the emergency contacts to call in case you are unable to pick up your children– list the people who you name on the power of attorney
- Make sure that your children’s schools, day cares, afterschool programs, and anywhere they may go, are aware of your plan.
- Your children’s doctor should also have the HIPPA form. This form can be found in the following link: https://www.caring.com/forms/hipaa-release-form/free-hipaa-release-form.pdf
Your Country’s Consulate
Have the contact information for your country’s nearest consulate. Many consulates have an emergency number for cases where you need immediate assistance from the consulate. Have that number written down in case ICE detains you. The following are a few in the state of Texas:
– India: 713-626-2148
– Pakistan: 281-890-2223
– Mexico: 214-932-8670
– Colombia: 832-384-1250
– El Salvador: 214-637-1500
– Guatemala: 713-953-9531
– Saudi Arabia: 713-785-5577
– Honduras: 713-785-5932
– Cameroon: 281-416-5212
– Chile: 713-963-9066
– Venezuela: 713-974-0028
– China: -713- 520-1462
– Turkey: 713-622-5849
Inform Your Family and Emergency Contacts About How to Find You if You Are Detained by ICE
Family members can use the ICE detainee locator: https://locator.ice.gov/odls/homePage.do. Be sure your family and emergency contacts have a copy of your A-Number (your alien registration number found on your immigration documents from ICE) if you have one.
**Make sure you know your “A – Number” and it is noted with the information as the best way to locate someone in ICE detention is through their A number, if they have one.