Connect Families With Expert Guidance on Planning for a Possible Separation

Why this matters

Many schools are addressing the question of possible separation due to family detention or deportation through the following steps, usually taken with immigrant advocates who can guide parents through difficult conversations with great sensitivity and attention to practical matters. This expertise is essential on legal questions of guardianship and caretaking.

This is a delicate line to walk. A one-size-fits-all approach may not work well and different families will have varying needs depending on their situation.  Nevertheless, a little bit of information and forethought can go a long way in giving children the best chance for a stable situation in the event of separation, especially since children of detained parents can quickly end up in foster care. (See more information on this topic in our sections on emergency contact information and the protocols for caring for children when a caregiver is unavailable.)

What will families be asked to consider?

A helpful overview of this topic can be found in the Protecting Undocumented and Vulnerable Students guide. These steps include:

Encouraging families to have a written plan in place in the event of separation: 

Some schools and advocates are helping parents find guidance on what kind of plans they should have in place in the event of separation or detention. These might include:

• designating legal guardians, a particularly important decision for parents of children with special education needs (see related coverage of this issue in The L.A. Times and The Washington Post)
• establishing power of attorney
• gathering necessary information related to the child’s care (particularly medical information)
• getting passports for U.S.-born children from parents’ country of birth, such as Mexico

Ensuring that families understand that all plans must be in writing: 

Many families may not realize that these plans need to be put into writing and will benefit from formal guidance on this issue.

Tips for getting started

• Consult with legal experts on what kinds of information families need and how best to share that information.
• “Take the temperature” on whether families are interested in this information; ask parent liaisons before talking with families themselves. Some may want the information, while others will not wish to discuss it or expose their children to the topic. Some settings may have success in sharing this information in a group setting, while others may find more success with private conversations.

Reminder: The importance of sound legal advice

If families are considering giving power of attorney or guardianship of their children to a trusted adult, it is imperative that they:

• get sound legal advice on how to do so and aren't consulting with fraudulent immigration lawyers
• understand that all decisions must be recorded in writing
• understand all implications of those decisions.

Recommended resources

For more recommendations on this topic, see the following:

• Family Preparedness Plan available in English, Spanish, and Chinese, with a related webinar (Immigrant Legal Resource Center)
• Immigration Resources: Connecticut Family Preparedness Plan available in 8 languages (State of Connecticut)
• Resources for Families Facing Deportation and Separation (Women's Refugee Commission)
• Prepare for Possible Family Separation – also in Spanish (California Courts)
• Family preparedness plans (Informed Immigrants)

This article describes a pocket emergency-preparedness-guide for immigrant families created and printed by the city of New Haven, CT.

The Mexican government has also issued a guide on this topic in Spanish.