How To Protect Children and Property if Facing Deportation

Many undocumented immigrants living in the U.S. have been affected by President Trump’s new push for immigration enforcement. That is why undocumented immigrants who have children, property, and businesses should develop a plan to best manage important matters in their absence. There are estate planning tools to help undocumented parents protect assets and children if they are deported to their home country.

A power of attorney can help with personal affairs, property, and business interests, while guardianship can help with the care of children. This article will explain these different legal solutions.

Power of Attorney

A power of attorney (POA) is a legal document to protect your assets if you are suddenly unable to manage them yourself. You will want someone, such as a trusted friend or family member, to handle your accounts, real estate, and business interests.

In a power of attorney document, you name someone as your agent or attorney in fact to act on your behalf, giving them the power to sign contracts on your behalf, handle your money, and make decisions for you. You can direct when a power of attorney begins and when it will end and list what authority you want to give your agent.

Your agent has a fiduciary duty, meaning that they must act in your best interests. They cannot enrich themselves or have a conflict of interest. Your agent has broad authority to act in your place. You must choose someone you trust and who knows you and your family.

You may grant your agent the power to:

• Pay your bills
• Maintain support of your family
• Handle your personal property
• Manage your bank accounts and investments
• Handle lawsuits on your behalf
• Manage any government, civil, or military benefits
• Handle retirement plans or benefits
• File taxes

If you have a business, you will need someone to step in and manage your company or help to sell, transfer, or close it. You can name the same person as your agent for personal matters or create another power of attorney and name someone else to focus exclusively on your business.

Guardianships

If you are facing deportation but your children are U.S. citizens, they are allowed to remain in the United States. Parents can choose a legal guardian to care for minor children if they leave the United States but want their children to stay in the U.S.

According to the Adoption and Safe Families Act (ASFA), if a child is not in the custody of a parent for 15 of 22 months, that child may be considered abandoned. If a child is considered abandoned, a court may terminate the parental rights, and the child may be placed in foster care. Therefore, parents facing deportation must arrange for legal guardianship of their children.

A guardian is responsible for the care, support, maintenance, education, and medical care of your children. The guardian must be:

• A U.S. citizen or person with legal immigration status (lawful permanent resident with a green card)
• Over the age of 18 and competent to serve as a guardian, meaning they have a sound mind
• Not legally disabled, meaning that no court found they are either physically or mentally unable to manage their affairs
• Not convicted of a felony involving the harm or threat to a child

A court considers the child’s welfare and ultimately decides who can be a caregiver to your U.S. citizen children based on what is in the child’s best interests.

Get Legal Help

A family law or immigration attorney can advise you on your legal rights and the best guardianship options. Gather information that may be helpful, such as a birth certificate or social security number for your children.

You should contact an attorney for legal advice or a legal services clinic on how to handle changes to immigration policies that impact you and your family. In these uncertain times, having a plan can give you some peace of mind for the future.

Related Resources

• Abogado.com (Free Help, Legal Information and Lawyers in the U.S.)
• Can Children Stay in the U.S. If Their Parents Are Deported?  (FindLaw Learn About The Law – Immigration Law)
• Deportation and Removal Laws (FindLaw Learn About The Law – Immigration Law)