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Immigration Lawyer Guide: Prepare if a Parent Is Detained

by Hyacinth

As immigration enforcement increases across Los Angeles, many immigrant families are left worried and uncertain about the future. Raids have taken place in workplaces, homes, and grocery stores. In response, legal and mental health experts are offering guidance to help families prepare for the possibility of a parent or guardian being detained or deported.

One of the most important steps is to create a family preparedness plan. Kristen Hunsberger, managing attorney at the Immigrant Defenders Law Center, says knowing your rights and having a clear plan in place can reduce fear and offer some control in difficult situations. The center has created a detailed checklist for families, available in English and Spanish. It covers key steps such as designating a caregiver, gathering documents, and finding legal help.

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When it comes to childcare, there are several options. A verbal agreement with a trusted adult can serve as an immediate short-term solution, though it does not provide legal authority to make medical or school decisions. A better alternative may be the Caregiver’s Authorization Affidavit, a form that allows a trusted adult to make some decisions for a child without affecting the parent’s custody rights. In more formal cases, guardianship through California Probate Court may be necessary. This arrangement gives legal custody to a guardian, although parental rights are not terminated and may be restored by court order.

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Parents who may need to get a passport for their child should be aware of the required procedures. If one parent is unavailable, Form DS-3053 allows the other parent to give consent. If a parent is missing or cannot be contacted, Form DS-5525 may be used instead.

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Experts recommend gathering and securing essential documents before an emergency occurs. Families should store both physical and digital copies of identification, financial records, immigration paperwork, medical information, and emergency contacts. Trusted individuals should know how to access these records.

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Legal hotlines can be helpful in emergencies. Southern California families can call the Rapid Response Legal Resource Hotline at (213) 833-8283 or LA Rapid Response at (888) 624-4752. The American Immigration Lawyers Association and the National Immigration Legal Services Directory are also good starting points to find attorneys.

In the event of detention, U.S. Immigration and Customs Enforcement provides an online locator tool to help families track their loved ones. Each detention facility has different rules about family visits, and schedules may vary.

Mental health professionals warn that even the threat of deportation can affect children emotionally. Suma Setty of the Center for Law and Social Policy says these stressful experiences can lead to long-term harm. She urges families to have open, age-appropriate conversations and include children in the planning process.

Jose Corena, a psychologist at Centro De Bienestar Familiar, emphasizes that children take emotional cues from adults. He encourages parents to stay informed and make time for healing activities with their children, such as drawing, storytelling, or praying together. These small steps can help children feel safe and supported.

Corena adds that if a child shows changes in mood, appetite, sleep, or behavior, it’s important to consult a doctor or mental health provider early on.

Children’s books can also help families start conversations about immigration and separation. “Tengo Miedo (I’m Scared)” by Marlene Huerta and “Mama’s Nightingale” by Edwidge Danticat are two helpful titles that offer comfort and understanding during uncertain times.

As immigration policies continue to change, families across Los Angeles are being reminded that preparation can make a significant difference. Legal experts, counselors, and community resources are available to help them plan, protect their children, and stay informed.

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