How undocumented parents can secure guardianship amid deportation risks
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Editor's note: This story has been translated to Spanish here.
Parents at risk of being deported under the Trump administration's ramped-up immigration enforcement policies should solidify temporary guardianship plans for their children as soon as possible, legal experts advise.
Why it matters: The uncertainty around how and where U.S. Immigration and Customs Enforcement will carry out Trump's deportation orders makes it all the more imperative that families have emergency plans in place before a potential separation, Selene Almazan, legal director of the Council of Parent Attorneys and Advocates, told Axios.
The big picture: Rebecca Curtiss, an Arizona-based attorney for the Florence Immigrant and Refugee Rights Project, told us it's much harder to arrange guardianship after a parent is detained and their child falls into state custody.
- If custody arrangements are solidified in advance, a family may be able to avoid Department of Child Safety involvement altogether, she said.
By the numbers: About 4.4 million U.S.-born children under age 18 live with an undocumented immigrant parent, according to a Pew Research Center analysis of 2022 American Community Survey data.
State of play: In Arizona, there are two main legal tools to establish temporary child care — power of attorney and court-appointed guardianship, Curtiss said.
Power of attorney: This document allows a parent to appoint someone who can act on their behalf if necessary (in this case, the parent is deported).
- A parent can give the designated person full decision-making power over the child or specify areas the designee can control.
- It requires only a notary's signature, making it easy and inexpensive. It can be revoked at any time and takes effect in this case only if the parent is detained or otherwise unavailable.
- Power of attorney letters expire every six months, so they should be routinely updated.
Temporary guardianship: This is a more formal custody arrangement that typically stays in effect for a year (it can be renewed and revoked fairly easily, per Curtiss) and gives the guardian more authority over the child's medical decisions and school enrollment.
- This arrangement does require a parent to temporarily suspend their own decision-making rights over their child.
- The proposed guardian must submit a Title 14 guardianship application to the Maricopa County Juvenile Court. It takes 4-6 weeks for a judge's approval.
Between the lines: Undocumented people can be named a guardian or have power of attorney authority over a child, but Curtiss cautioned that families who choose this option should have a backup in case the appointed caretaker is also deported.
What they're saying: Curtiss recommended that undocumented parents talk to potential guardians and set up power of attorney now because it can take effect immediately if the parent is detained.
- She also suggested parents ready a Title 14 guardianship application that the guardian can file if it becomes clear the parent will be deported or detained long-term.
Threat level: "Because we live so close to the border, people might find themselves detained quickly, deported quickly and unable to parent quickly," Curtiss said.
The bottom line: "This is the severe collateral consequence of immigration enforcement. Kids might come home from school, but their parent does not come home," she said.
