Family preparedness plan for immigration emergencies

There are things you can do now to plan for a family emergency where you might not be available to take care of your children and finances. If you are arrested, detained or deported by immigration, it is important that there is someone who can legally care for your children. You can identify a caretaker for your children, make a financial plan for someone to handle your finances, gather documents and prepare legal documents that reflect your wishes and plans.

Create a childcare plan

There are several steps you can take to prepare for an immigration-related emergency if you have minor children.

Limited Power of Attorney for Child Care

In Ohio, you can use a Limited Power of Attorney form to give someone you trust (your Caretaker Agent) power to make the majority of decisions and to do the majority of things that a parent would do for their child in the event that you are detained by immigration. 

The Limited Power of Attorney form is only a short-term solution to a parent or parents being arrested and detained by the government. The Caretaker Agent will need to consult with an attorney regarding guardianship of a minor or child custody if the child’s parent or legal guardian is detained.

You will need to complete a separate form for each minor child.

Make sure to speak with your Caretaker Agent and that they agree to take care of your children. Complete the Important Family Records, Contact & Medical Information Sheets included with the Limited Power of Attorney for Child Care so that your Caretaker Agent has all the necessary information they need to take care of your children.

Write down important information and gather important documents

You should have several sets of copies of each of these documents for each of your children. Make separate sets of copies even if the information is the same for each child. The documents you should gather for each of your children include: 

• Birth certificates
• Social Security card 
• Passports

Make photocopies of each child's documents and then put the original documents in a safe place. 

Give the Caretaker Agent one photocopy of all the documents for each child. Also give the Caretaker Agent one of the original Limited Power of Attorney for Child Care forms with notary seal, including the important information attachments.

Put the second photocopy of all the documents for each child in a safe place where your designated caretaker, a trusted relative or friend, and an older child, knows to find them, as a spare set. 

Put the third photocopy of each child's individual documents in a plastic bag in that child's backpack. 

Also make an electronic copy for yourself and your designated caretaker. This can be a picture you take on your phone of each document. You could also use a program like genius scan (which is free to download to your phone).

Make sure your children all have passports

If your child is a citizen of the United States, obtain a passport for them as soon as possible. They will need this to travel outside of the country. 

If your child is not a citizen of the United States, obtain a passport from their birth country. You can get this from your country’s consulate.

Register your children citizens of your home country

You can register your child at your home country’s consulate so you do not have problems in that country once you arrive. For example, in some countries, children that are not registered cannot attend school. Please check with your home country's nearest embassy or consulate about how to register your children's birth in that country.

Talk to your family about your plan

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 time. Let them know who will care for them until you can.

Create a financial plan

Whether or not you have minor children, it's a good idea to make a financial plan for your bank accounts, property, debts or any other financial matters in the event that you are detained.

Financial Power of Attorney

You can create a legal document called a Financial Power of Attorney that will give another adult (your Financial Agent) authority to take care of your financial matters. The Financial Power of Attorney can allow someone to pick up your last check, manage your bank account, your cell phone, public benefits (or your child’s public benefits) or handle any other financial matters you want.

Your Financial Agent can be any trusted adult. If you do have minor children, it may be simpler to make your Financial Agent the same person as your Caretaker Agent. If you choose different people to be your Financial Agent and Caretaker Agent, include instructions in your Financial Power of Attorney about providing money to the caretaker of your child.

Talk to your Financial Agent

Talk to the person you choose as your Financial Agent to develop a plan about what you might want to do with your assets and debts if you were to be deported or detained. Be sure to think through: 

• Bank accounts
• Real estate
• Vehicles
• Rental leases
• Any debts including credit cards, car loans or leases, pay day loans or medical debts
• Child support    
• Education savings plans  
• Government or employee benefits

Write down important information and gather important documents

Use the Important Financial Information sheet included in this site's Financial Power of Attorney form to record important information that would allow your Financial Agent to access accounts or make arrangements for your property. 

Gather your important documents including: 

• Vehicle titles
• Lease agreements
• Mortgage records
• Marriage and/or divorce records

Make photocopies of each document for the Financial Agent and put the original documents in a safe place.