The important thing, said Antonia More and Claudia Quintana, attorneys at the Bar Association of San Francisco, is to have a plan.
“When you have a plan, you have fewer reasons to worry.”
The Bar Association has been holding regular workshops and clinics to educate immigrants on their rights and to connect them with legal aid. It’s a particular concern for mixed-status families — those who have some U.S. citizen members, often the children, and others who are undocumented.
If parents are detained by ICE, where do their children go? If a husband or wife is arrested, what should the other do?
More (who is director of the Bar’s pro bono program) and Quintana (a staff attorney at the Bar) tried to answer those questions and more on Wednesday evening, speaking to seven attendees of a webinar hosted by the San Francisco Public Library and the Justice and Diversity Center, a pro bono program run by the Bar Association.
Even though “we cannot, as regular people, interfere with ICE,” attorney Quintana said, “we can think of a plan of action that will have the best result if one day we are confronted with detention or arrest.”
Here’s what they suggest:
1. Figure out who is taking care of the kids
Quintana and More told families to designate a caregiver for their children in the case of a parent’s arrest. A designated caregiver, they said, should be trustworthy, but More also advised looking for someone who knows your child well and can speak on their behalf.
Then, discuss these plans with the children, if they’re old enough, and with any adults who are designated to assume caregiving responsibilities.
Parents designating a caregiver in California have to fill out paperwork: A “Caregiver’s Authorization Affidavit” and/or a “legal guardianship petition.” Each has pros and cons.
Option No. 1: Caregiver’s Authorization Affidavit
The benefit to this form, said Quintana and More, is that it is a relatively quick and simple option. They recommend starting here, as a temporary measure. The affidavit does not require court involvement or a parent’s signature; only the caregiver’s signature is required.
A completed affidavit authorizes a caregiver to enroll a child in school and obtain school-related medical care, such as vaccinations. However, if the caregiver is not a close relative, they won’t have the same ability to make medical decisions, add a child to their health insurance, or receive welfare benefits, among other things.
Option No. 2: Legal Guardianship
Guardianship grants a caregiver rights that aren’t covered by an affidavit, but it requires filing a petition with the court, commonly Form GC-210 or related guardianship forms. A judge must approve the guardianship. Quintana explained, and getting that approval can take several months.
But once a person has it, “it guarantees full legal rights for the caregiver,” Quinana said.
That includes authority over medical treatment and, enrollment in public government benefits, among other things. Both attorneys emphasized that guardianship forms should be filed by an attorney, and not by a “notario” or notary public. San Francisco has cracked down against notaries who are (allegedly) giving advice
2. Get children’s documents in order
Both attorneys stressed that families should keep essential documents organized, with copies stored in a place that will be easy for a caregiver to get to.
GovAssist, an immigration consulting firm, recommends creating a filing system and storing your documents in a secure safe with electronic copies stored securely on your computer through cloud storage services.
The four most important documents: passports, birth certificates, vaccination records, and medical cards or insurance information. “You don’t have to make it more complicated than that,” said More.
3. Staying connected in case of a detention
If a family member has been detained, both attorneys recommended “Ready Now,” a free and secure app built by the Human Rights First Innovation Lab, which helps families prepare for emergencies like separation.
The app lets families upload important documents and emergency plans, and then share those with pre-selected emergency contacts in case they are detained.
“Ready Now” also lets users notify the National Immigration Litigation Alliance, a national network of pro-bono attorneys, if they witness an arrest.
1. Figure out who is taking care of the kids
This is so fucked. What kind of country are we.