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.<\/p>\n\n\n\n
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 \u2014 including whether the arrangement would be short-term or long-term, and who would cover the costs of caring for your child.<\/p>\n\n\n\n
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.<\/p>\n\n\n\n
Verbal Agreement<\/p>
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.<\/p><\/div><\/div>
Caregiver’s Authorization Affidavit (CAA)<\/p>
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.<\/p><\/div><\/div>
Nominate a Guardian or Joint Guardian<\/p>
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 \u2014 please connect with a trusted legal services provider to learn more.<\/p><\/div><\/div><\/div>\n\n\n\n
Traditional Guardianship \u2014 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.<\/p><\/div>
Joint Guardianship \u2014 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.<\/p><\/div><\/div>\n\n\n\n
In California, you cannot grant another person legal guardianship of your child informally or through a power of attorney \u2014 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.\n<\/p>\n\n<\/div><\/div>\n\n\n\n
Getting a proper legal consultation from a trusted expert is crucial in family preparedness planning \u2014 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<\/a>.<\/p>\n\n\n\n Everyone \u2014 both documented and undocumented persons \u2014 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.\n<\/p>\n\n<\/div><\/div>\n\n\n\n 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<\/a>.\n<\/p>\n\n<\/div><\/div>\n\n\n\nWho Can Legally Give Immigration Advice<\/h3>\n\n\n\n
Licensed Attorneys<\/strong><\/td> 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>.<\/td><\/tr> DOJ Accredited Representatives<\/strong><\/td> 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 \u2014 if fully accredited \u2014 represent clients in immigration proceedings.<\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\n What to Expect from a Legal Representative<\/h3>\n\n\n\n
Part III \u2014 Know Your Rights<\/h2>\n\n\n\n
If ICE Comes to Your Door<\/h3>\n\n\n\n
If You Are Talking to ICE<\/h3>\n\n\n\n
Documents You Should and Should Not Carry<\/h3>\n\n\n\n
Carry with You<\/strong><\/td> 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.<\/td><\/tr> Do NOT Carry<\/strong><\/td> Any documentation about your country of origin. Any false identity or false immigration documents.<\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\n Part IV \u2014 Addendums<\/h2>\n\n\n\n