According to official data, more than 5,000 children have already ended up in shelter and custody systems because federal agencies detained their parents. If agents take parents away and there is no one to leave the children with, the children are handed over to child protective services, and getting a child back from there is very difficult. Documents prepared in advance help reduce this risk: a caregiver authorization, a trust, and knowledge of the family’s status.
The Scale of the Problem
According to the cited data, 5.5 million minor children in the US live with parents who lack legal status. Official statistics show that more than 5,000 children have entered the shelter and custody system because their parents were detained by federal agencies.
As an example, the largest ICE raid in Minnesota is cited: in a single day, agents detained 680 people at their workplaces. That same day, more than 200 children returned to empty homes.
What Happens to Children During a Detention
If agents take parents into detention, children are often left alone or with people who are not their legal guardians: grandparents, acquaintances, neighbors.
According to the official procedure described, if during an arrest ICE agents see there is no one to leave the children with, they hand the children over to child protective services. The agency places the children with a foster family or in a special temporary center. Getting a child back from there is very difficult, especially if the parents are in custody and cannot sign the necessary documents.
What to Prepare in Advance in Case of Detention
A list of steps mentioned in the article.
- Caregiver authorization for the childIssued to a person with legal status in the US
- TrustFunds for the children if the trusted person has no finances
- Child’s schedule and school informationGiven to the trusted person in advance
- Documents to keep on handNeeded regardless of having a green card
What to Do in Advance
Among the legal steps listed for the case of detention are the following.
First: draw up a legally valid caregiver authorization for the child. It allows trusted individuals to quickly take the children in. The authorization is issued to a person who has legal status in the US. The trusted person should know all the facts about the child: school, schedule, and so on. It’s recommended to prepare the schedule in advance.
Second: set up a trust from which the children can receive the necessary funds if the trusted person has no finances of their own. The trust can take effect precisely in such a difficult situation.
It is also recommended to keep on hand the documents needed in case of detention, regardless of having a green card, since, as stated, ICE does make mistakes. It’s also worth passing on the necessary information to a trusted person or attorney in advance and thinking through how to act if ICE approaches on the street or knocks on the door at home: these are different situations.
Why Legal Status Matters
The most reliable way to protect children from such a situation is named as having legal status and protection within the US. Waiting for asylum or a change of status without another valid status in place, as stated, does not provide full protection.
Readers who are at risk — for example, awaiting a decision on asylum or a status change, or who have criminal cases that could affect an arrest — should think through a plan in advance in case of detention.
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