As the situation for immigrants continues to deteriorate, it is important to be prepared in the event that you are detained or deported. What do you do about your children and other vulnerable family members? What about pets? Property? Vehicles? Bank accounts?
While it is important to remain hopeful, even in difficult times, it is also important to have a safety plan so you are ready in the event of an immigration emergency.
Before we discuss how to prepare for the worst, I think it is important to keep things in perspective. Recently, the Trump Administration has increased the number of ICE arrests to about 50,000 non-citizens per month. Whether ICE can sustain this high level of arrests, we do not know, but assuming they can, that would amount to 600,000 people detained per year. Given that there are over 15 million people unlawfully present in the U.S., the odds of being detained in any given year are only about 4%. That is not an insignificant number (if you tell me that my plane has a 4% chance of crashing, I will be taking the bus, thank you very much), but the likelihood of being detained is still pretty low.
While non-citizens should not panic about the current crackdown, it is very important to be prepared in case something happens. So what can you do to be ready in the event of an immigration emergency?
First, have a family safety plan. This document will allow a friend or family member to more easily help you and your family if you are detained. It should list who to contact in case of an emergency, and what steps need to be taken immediately to protect your family members, pets, and property. It should include your immigration information and instructions about where to find important documents, contact information for your attorney (if any), medical information for you and your family members, etc. It's not difficult to complete a safety plan, and having a plan in place will be very helpful in the event that you are detained.
For people with minor children (whether U.S. citizen or non-citizen children), it is crucial to identify a trusted family member or friend who can take over if the usual care-givers are detained, and to create a custodial power of attorney (CPOA) for that person. The CPOA is a document that gives the custodian temporary authority to make decisions for your child, including decisions related to school, medical care, and travel. In some states, it is possible to create a CPOA simply by signing the relevant documents; other states required the CPOA to be notarized, and in still other states, the document must be approved by a court. In other words, in some states, it is easy to prepare a CPOA, while in other states, it may take some effort or require the help of a lawyer. However, for parents at risk of detention or removal, having this document prepared in advance can protect your children from being placed into state custody.
If you have property, vehicles or a bank account, and you are concerned about what might happen if you get detained or deported, you can create a Financial Power of Attorney (FPOA). This is an agreement between you and a trusted friend or family member, which allows that person to sell your house or car, make mortgage payments, and/or access your bank accounts. Basically, it is a way to protect your assets. The agreement can be created for some or all of your assets, and you can control when it ends. If you own a home, an alternative to an FPOA is to transfer the deed to someone else. Whether that makes sense probably depends on your relationship to the person (for example, it may make sense to transfer ownership of your property to a spouse or an adult child); talk to a real estate lawyer about the positives and negatives of this option. If you plan to create an FPOA for a bank account, talk to the bank about any requirements that they may have in additional to the FPOA.
For most non-citizens, the likelihood of being detained is relatively low, but the sad fact is, these days, everyone who is not yet a U.S. citizen faces some risk. The good news is that there are some relatively easy steps you can take to prepare and to protect yourself and your family. Creating a Safety Plan and the appropriate powers of attorney will help you and your loved ones be ready in case of an immigration emergency.
Originally posted on the Asylumist: www.Asylumist.com
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