Being deported is scary, but if you have children, it can be even more frightening. Advanced planning can ensure that you have the right legal documents in place to protect your children if you are deported.
Being deported is scary, but if you have children, it can be even more terrifying. Advanced planning can ensure that you have the right legal documents in place to protect your children if you are deported critical. Whether that is a Power of Attorney or making other custodial decisions for your child’s well-being should be done before the parent is faced with deportation. Texas is just one of the many states looking to outlaw sanctuary cities as indicated in Texas Is About to Crack Down on Undocumented Immigrants. Immigration has become a hot topic in the political arena.
First, decide if you want your children to come live with you in your home Country, or if you want them to remain in the U.S. Neither of these scenarios is automatic if you do not take steps to plan for them in advance. Instead, if you have not made any advance plans, it is possible that the State could take custody of your children, terminate your parental rights, and decide what happens to your children without you having any say in the matter. When this happens, children often end up in foster care and are sometimes even put up for adoption. But you can prevent this with advanced planning.
Next, pick someone you trust to take care of your children. The person could be an older child or another family member, or a trusted friend who is willing take custody of the children in your absence. Make sure you pick someone who is capable of caring for your children for an extended time, perhaps permanently. If while in detention you want to see your child, make sure the person bring them does not have any immigration issues of their own.
Once you have selected a caregiver for your children, you need to give them Power of Attorney to care for your children. This document should explicitly state what decisions you are allowing the person to make regarding your children. A Power of Attorney can also be used to give the caregiver access to your U.S. based assets, such as a bank account or house, to use to take care of the kids. You may also need to prepare Power of Attorney to allow the person to make healthcare decisions about your children.
If you have decided to have your children join you in your home country, you will need to obtain U.S. Passports for the children. You will also need to give the caregiver a letter of permission for the children to travel. The letter must be signed by both parents and notarized. Airlines will not allow children to travel with non-parents internationally without the signed and notarized letter of permission.
Finally, if you want your children to stay in the United States after you are deported, you may be able to make advanced arrangements for your selected caregiver to have legal custody of your children. To give legal custody of your children to someone, this requires a separate court proceeding. But if you are unable to arrange in advance a change in legal custody, the Power of Attorney along with a letter stating that you want the individual to have custody in the event you are deported will go a long way helping the caregiver obtain custody once you have left the Country.