About This Resource
Every family should have a preparedness plan in case of an emergency. It is equally critical for immigrant families to think ahead and set concrete plans for immigration-related emergencies that may arise. This toolkit goes into detail about childcare options available in case of a parent is absent, how to find trusted immigration services in your community, and how to prepare to assert your constitutional rights in the presence of an immigration officer.
Part I — Make a Child Care Plan
Choose a Back-up Caregiver
The adult you choose to serve as your child’s back-up caregiver should be someone you and your child trust. It is important to discuss your expectations with that person in advance — including whether the arrangement would be short-term or long-term, and who would cover the costs of caring for your child.
Types of Child Care Plans
There are various ways to plan for another adult to care for your child if you are unable to do so. The following options apply particularly in California.
Verbal Agreement
The most informal arrangement. Let your back-up caregiver know your wishes and verbally agree that they will carry them out if you cannot. No forms or legal documents are required, and this does not affect your parental rights. However, your caregiver will not have legal authority to make medical or school-related decisions for your child.
Caregiver’s Authorization Affidavit (CAA)
A simple form that allows your back-up caregiver to make certain school and medical decisions for your child. Because the CAA was created by state law, schools and medical providers must accept it. It does not affect your parental rights. Instructions and the form are included in Part IV of this toolkit. Note: this form can only be used in California.
Nominate a Guardian or Joint Guardian
The most formal arrangement. You can complete Form GC-211 to nominate a specific person to be appointed as your child’s guardian by a California Probate Court. This nomination can be made conditional upon your detention and/or deportation. Nominating someone to have legal custody of your child is a serious decision — please connect with a trusted legal services provider to learn more.
Traditional Guardianship vs. Joint Guardianship
Traditional Guardianship — Once appointed by a California Probate Court, a traditional guardian has full legal and physical custody of your child and can make decisions on their behalf. This does not terminate parental rights but does suspend them while the guardianship is in place. If you later petition to terminate the guardianship, it is up to the judge to decide what is in your child’s best interest.
Joint Guardianship — Under a new California law effective January 1, 2026, a parent and non-parent can share custody and each make decisions for the child. This option is available when a parent is temporarily unavailable due to immigration-related reasons. If you later petition to end the guardianship, there is a presumption that termination is in the child’s best interest. All records and documents in the proceedings are confidential under state law.
In California, you cannot grant another person legal guardianship of your child informally or through a power of attorney — only a state court can do that. A power of attorney may be used to authorize someone to handle finances or pay bills on your behalf, but it cannot transfer custody of your child. This may differ in other states.
Additional Steps to Take Now
- Write down any medical conditions, allergies, medications, and doctor and insurance information for each child — keep a copy in your important documents file and give a copy to your child’s school and back-up caregiver
- Make sure all your children have valid passports — visit travel.state.gov for U.S. passport information, or contact your country’s embassy or consulate for foreign passports
- Update emergency contacts at your children’s schools — if you cannot be reached, the school must exhaust all emergency contacts before contacting child welfare
- Make sure your family and emergency contacts know how to use the ICE detainee locator at locator.ice.gov to find someone in ICE custody
- Keep a copy of your A-Number (your registration number found on your immigration documents) with your family and emergency contacts
- Talk to your children — without worrying them, assure them they will be cared for if you are temporarily unable to be with them, and let them know who will care for them
Part II — Find Out About Your Immigration Options
Where to Find a Trusted Legal Services Provider
Getting a proper legal consultation from a trusted expert is crucial in family preparedness planning — they can help determine whether you are currently eligible for any immigration benefit. The Immigration Advocates Network National Immigration Legal Services Directory lists nonprofit organizations that provide free or low-cost immigration legal services: ilrc.me/findhelp.
Who Can Legally Give Immigration Advice
| Licensed Attorneys | An attorney can practice immigration law if they hold a valid license from any U.S. state and are in good standing with the bar association. Attorneys can give legal advice, help file petitions, and represent individuals before an immigration judge. Verify credentials at your state bar. The Department of Justice also maintains a list of disciplined practitioners at <a href="https://www.justice.gov/eoir/list-of-currently-disciplined-practitioners">justice.gov</a>. |
| DOJ Accredited Representatives | A non-attorney certified by the Department of Justice to work on immigration matters. They must be affiliated with a DOJ-recognized nonprofit. An accredited representative can give legal advice, file applications, and — if fully accredited — represent clients in immigration proceedings. |
What to Expect from a Legal Representative
- You should receive a written contract outlining the services to be provided and any fees
- Your legal representative should keep you informed about the progress and status of your case
- They should explain the immigration benefit you qualify for, the application process, and answer your questions
- You should receive copies of all documents submitted on your behalf and any receipt notices from the government
- Your representative should never refuse to give you a copy of your file — and in most cases should not charge you for it unless agreed to in advance
Part III — Know Your Rights
Everyone — both documented and undocumented persons — has rights in this country. Talk to everyone in your family, including children, so they all know what to do if approached by immigration officials (ICE) or if ICE comes to your home.
If ICE Comes to Your Door
- You have the right to not open the door for ICE or any police officer without a signed warrant
- You do not need to open the door unless an ICE agent can show you a warrant signed by a judge with your specific and correct name and address on it
- Ask ICE to slide the warrant under the door or show it through a window before you open it
- If ICE or police do not have a valid warrant, you do not have to open the door
- Once you open the door, you lose certain rights
Keep a Know Your Rights red card on you and by your door at all times. You can slide it under the door to ICE, show it through a window, or read it aloud. Have your children and family members practice using it. Print-at-home red cards are available in 56 languages at ilrc.org/redcards.
If You Are Talking to ICE
- You have the right to remain silent — say that you are exercising your right to remain silent and ask to speak with a lawyer
- If ICE stops you on the street, you can ask if you are free to go
- You do not have to answer any questions about your birthplace, immigration status, or how you entered the United States
- You are not required to share personal information about yourself or anyone in your family
- You have the right to refuse to sign anything before speaking with a lawyer — signing could eliminate your right to a hearing before an immigration judge and may result in immediate deportation
- You have the right to speak to a lawyer and to make a phone call — memorize or carry the phone number of a trusted person who can activate your plan
- Remain calm and do not try to run away
Documents You Should and Should Not Carry
| Carry with You | A red card to exercise your right to remain silent. A municipal ID, state ID, or U.S.-issued driver's license that contains no information about your immigration status or country of origin. If you have lawful status, a valid work permit or green card. The phone number of a trusted person who can activate your plan and reach your immigration attorney. |
| Do NOT Carry | Any documentation about your country of origin. Any false identity or false immigration documents. |
Part IV — Addendums
Webinar
Your Country's Consulate
Have the contact information for your country’s nearest consulate saved and written down. Many consulates have an emergency number for situations where you need immediate assistance. Keep that number accessible in case ICE detains you.
Know Your Rights Materials
- Immigrant Legal Resource Center (ILRC) — Community Explainers
- Immigrant Legal Resource Center (ILRC) — Know Your Rights Toolkit
- Informed Immigrant
- National Immigration Law Center (NILC)
- Immigrants Rising
Published by the Immigrant Legal Resource Center (ILRC).