The deportation of an immigrant parent in California is a reality that affects thousands of families each year. In many cases, the children, especially if they are U.S. citizens, are left in a vulnerable legal, emotional and economic situation.
However, there are some legal options to protect minors in the event that one or both parents are deported.
Emergency Legal Custody in California
If a parent is detained by immigration, he or she can appoint a temporary guardian through a legal document called a “Caregiver’s Authorization Affidavit”.
This power of attorney allows another trusted adult (such as a relative or friend) to take care of the children while the immigration process continues.
This document does not transfer final legal custody, but allows school, medical and welfare decisions to be made for the child.
Rights of citizen children
Children born in the United States are citizens, even if their parents are not.
They have the right to remain in the country, have access to public education, receive medical care, and be under the care of a responsible adult.
If the deported parent wishes his or her child to accompany him or her to his or her country of origin, he or she must arrange the necessary documents with the consular and immigration authorities.
Legal resources and social assistance
There are non-profit organizations in California that offer free or low-cost legal assistance to immigrant families.
There are also child protective services and state assistance that can intervene if minors are left unattended after their parents are deported.
Some key organizations include:
Immigrant Legal Resource Center
CHIRLA (Coalition for Humane Immigrant Rights)
Legal Aid Foundation of Los Angeles
This article was originally published in Nueva News.
Filed under: Deported parents California
