What to consider as a parent if you fear being detained or deported:
- Let your family know you have a plan in case you’re detained or deported, and teach them what to do if ICE comes to your home.
- Identify trusted people — family, friends, or neighbors — who can care for your child if needed, and keep their contact information up to date.
- Gather and safely store important documents, and make sure your chosen caregiver knows where to find them.
- Reach out to an attorney who specializes in family law to set up legal arrangements for your child’s care by officially naming a designee or a standby guardian.
- Establish a power of attorney to allow someone to manage your financial and legal affairs if you’re detained.
When you are detained, decisions can move quickly leaving you little time to react. Given the Trump administration’s recent crackdown on immigrants in the U.S., it’s natural to feel worried about what could happen to your family in the event that you get detained or deported. Here are some basic points you should know.
This information is not a substitute for legal advice from a qualified attorney or accredited representative. The content was last updated July 2025.
Know your rights
If ICE detains you, you can remain silent and request to speak to a lawyer. You can abstain from signing anything until you receive legal advice. You have the right to request an interpreter for any conversation with ICE or for any appointment you are given.
You can tell ICE that you must make arrangements for your child, and they should allow you to do it.
Once ICE is informed about your family and child care needs, you will have the right to make limited phone calls to family, friends, community leaders, and your lawyer to ensure your child is safe.
It’s always wise to plan ahead. Senior staff attorney Kelly Chen and supervising attorney Julie Babayeva, both of who work on the Standby Guardianship project in New York Legal Assistance Group’s (NYLAG) LegalHealth Unit, emphasize that advance preparation can ensure your child’s well-being if you are detained.
The Standby Guardianship program is working to help guide families through the process of planning ahead to protect their children. We’ve collected some of their top tips here.
Prepare a plan with and for your family
Let your family know you have a plan in case you are detained or deported.
- Explain to your child, as well as friends and neighbors you feel close with, what might happen and teach them what to do if ICE comes to your home.
- Build a support network of trusted people — friends, family members, or neighbors — who can care for your child if needed.
- Make a list of important information about your child. This could include personal or medical needs, school details and schedules, and any other specific information or assistance they might require.
- Establish an Emergency Contact Card and keep this information up to date.
- Consider setting up a financial safety net — such as a specific bank account or a prepaid debit card — to ensure your child has enough money to cover their needs in your absence.
Also Read: How To Hire An Attorney, Pay Rent While You Are Detained
What other personal or contact information should I have?
If you are arrested or detained, here are a few things you’ll want to write down or have memorized:
- Essential contacts: Learn and remember the phone number of a relative and an immigration attorney familiar with your case. Here’s where you can identify local, free immigration legal services.
- Personal information: Create a record of personal details that your family will need if you are detained such as your email address, passport number, and any other documents you have available.
- Overseas contacts: If you have them, compile a list of relatives or friends in your home country. Your family in the U.S. might need to contact them in case of your deportation.
- ICE detainee locator: Inform your family about the ICE Detainee Locator website. They can also reach ICE at this phone number: (212) 264-5085.
Also Read: How to Use ICE’s Detainee Locator System
What documents do I need to have prepared for my child?
Always keep your and your family’s documents in a safe place and make sure that the person you chose to take care of your child has access to the original documents and copies. These documents include:
- Birth certificate
- Passport
- Marriage license
- Immigration documents (green card, work permit, visa, TPS, receipt notices)
- Driver’s license or other state ID
- Social Security Card
- Your child’s birth certificate
- Health insurance card
- Any document related to the care of your child
How do I officially designate somebody to make decisions for my child?
If you are concerned about being detained or deported, it’s vital to designate a person who can make decisions on behalf of your child.
The laws governing who can act in this capacity for a child vary from state to state, so it is important to ask for guidance from a legal representative familiar with your state’s family law.
Designee versus standby guardian
In the state of New York, you can fill out a “Designation of Person in Parental Relationship” form and have it notarized, which will make it an official legal document.
This person will then be known as the “designee” or “person in a parental relationship.” Designees have the power to make basic educational and medical decisions for your child for up to one year.
You, as the parent, can set limits on the designee’s authority, either in regards the types of decisions they can make or for the time period for which they can have authority, as long as those limits are clearly stated in the designation document.
You can also consider establishing a standby guardian, which is someone who has more authority than a regular designee. A standby guardian’s authority is triggered the moment that arrest or detention occurs. Then, your trusted person has 60 days to file forms with the court to be formally appointed as the child’s guardian, explains Babayeva.
While a lawyer may not required to fill out and submit these forms, Babayeva emphasizes the need for legal consultation, especially when it comes to opting for a standby guardian:
“Even though the form itself appears to be simple, many complicated factors must be considered — such as immigration history, custody, parental rights, and other family law questions — which is why the parent should be advised prior to completing this document.”
An attorney can help you determine whether a designation or guardianship is right for you and your family. Learn more about the differences between designees and standby guardians here.
Establish a power of attorney
Establishing a power of attorney enables someone else to make financial and legal decisions for you when you are unable to do so yourself. It doesn’t cover taking care of your child, but it will provide you with a way to manage your bank accounts or pay bills incurred if you’re detained. You can also name a backup agent in case your first choice isn’t available.
To learn more about establishing a power of attorney, review our guide.
