Safety Planning for Immigrant Families: What to Do If a Loved One Is Arrested by ICE

Immigrant families face unique challenges, especially under current enforcement priorities. One of the most distressing scenarios is when a loved one is arrested by U.S. Immigration and Customs Enforcement (ICE). Preparing in advance by having a safety plan can alleviate stress and ensure your family knows exactly what to do in case of an unexpected arrest. Here’s how you can create an effective safety plan for your family.

Steps to Create a Safety Plan

1. Know Your Rights
Educate every family member about their rights. Each person in the U.S., regardless of their immigration status, has rights. The right to remain silent and the right to an attorney are fundamental.

2. Designate Emergency Contacts
Choose trusted friends or family members who can act quickly in an emergency. Provide them with all necessary information, including attorney contact details, medical information, and school pickup permissions.

3. Legal Preparations:
There are several options to consider if you have legal custody of your children and you are no longer available to parent them.
Power of Attorney: One option is to assign someone who can make legal decisions in case you are not available to parent your child or children. You can meet with an attorney and decide what rights you want to include in the power of attorney to an adult that you trust to take care of your children.

• Caregiver Affidavit: In Massachusetts, there is a simple form (Caregiver Affidavit) that a parent who has custody can fill out in case he or she wants another trusted person to make medical and educational decisions for their children. This form does not require you to go to court and can be revoked at any time if you change your mind and want to have another person designed as a caregiver. The document requires two witness signatures and the document has to be notarized.
• Child Care Plan: Arrange temporary guardianship for your children in case of detention. This should be someone your children know and trust.
• Consult an Attorney who has experience in family law and immigration law who could provide advice about your options.

4. Document Safekeeping
Keep all important documents (passports, birth certificates, immigration documents) in a secure yet accessible place. Ensure a trusted individual knows the location of these documents. If you do not have a passport for your children if your child is a national of another country, make arrangement with your country’s consulate to get a passport for your child or children.

5. Financial Preparedness
Set aside emergency funds. You may consider opening a joint bank account with a trusted family member or friend who can access funds if you are detained. However, opening a joint account with a trusted family or friend can create a lot of risks so this is very risky and may not be possible.

6. Communicate Your Plan
Make sure all family members understand the safety plan and know what to do if someone is arrested.

What to Do If ICE Arrests a Loved One

Stay Calm and Do Not Panic: Remain composed and focus on implementing your safety plan.
Contact Your Attorney Immediately: Legal representation is crucial.
Reach Out to Emergency Contacts: Inform your designated contacts and start the emergency process defined in your safety plan.
Document Everything: Record details about the arrest and any interactions with ICE agents for future reference.

Conclusion

Creating a safety plan is a proactive step that can provide security and peace of mind for immigrant families. By preparing in advance and knowing your rights, you can protect your family in the event of an ICE arrest. For personalized legal assistance and to learn more about how to safeguard your family, contact Jimenez Gregory Law, LLC. Our team is dedicated to supporting immigrant families through challenging times.

Resources:
Massachusetts Caregiver Affidavit Form
ICE Online Detainee Locator System