Statement: Suddenly parentless, what happens to children of ICE detainees?
STATEMENT: (Minneapolis, Minn.) – Immigration attorneys at Mid-Minnesota Legal say protocols vary when a child is left behind following the ICE arrest of a parent.
However, outlined in their own directives regarding detention and removal of parents, ICE is expected to give parents time to arrange for alternative child care. But, before that happens, we strongly encourage parents to complete a Delegation of Parental Authority (DOPA) form to assign a temporary guardian. This form is for a parent who fears deportation, going to jail or anticipates a lengthy separation (travel situation). It is also important to have an emergency plan ready.
“Preparing for a potential ICE stop when you have children needs to start well in advance. Parents need to ensure that in addition to a DOPA, the caretaker for their child has access to important contacts like school and medical providers and knows where to find the child’s important documents like a birth certificate and passport as well as school and medical records. If your child doesn’t have a passport or a copy of their birth certificate, now is the time to get those documents and make sure you have copies with you.”
-Danielle Hendrickson, managing attorney, Immigration Law Project
Parents who have sole custody or who have orders for protection in place should:
• Keep copies of those legal documents.
• Tell agents they have children who need their care.
• Ask not to be detained so they can care for their children.
• Ask to make a phone call to arrange for someone to care for their child.
Hendrickson adds, “The reality is that this is a very difficult time. We see the impact of ICE arrests and how they lead to the separation of parents from their children. Everyday decisions — from going to work, attending school, to buying groceries and getting medical care — now have an added layer of fear for immigrant families. Preparing these documents, having a family preparedness plan, and talking to your children about that plan can at least help families be ready if the worst happens. Please see our related resources.”
Related resources:
- Delegation of Parental Authority (DOPA) Form
- When children are afraid of a parent’s deportation
- Minnesota Family Deportation Preparedness Manual
- Appleseed Deportation Planning Manual
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Media contact:
Lisa Ramirez | Lramirez@mylegalaid.org
Communications Director
Mid-Minnesota Legal Aid