How to Protect My Children if I Am Detained or Deported

Comprehensive Protection for All Your Children 

Detention or deportation can be a moment of maximum uncertainty and fear for any family, regardless of your children’s immigration status. At Saavedra & Perez Law, we understand the complexity of your situation and are here to help you protect your family in every scenario. 

Protection for US Citizen Children 

Specific Legal Rights 

• ICE is obligated not to unnecessarily separate families 

• You have the right to make arrangements for your children’s care 

• Children who are citizens have additional protections 

Important Warning: ICE Does Not Always Follow the Rules 

Example Case: In April 2025, ICE deported a 2-year-old US citizen girl to Honduras along with her mother, completely ignoring her father’s efforts to protect her and without following due legal process. A federal judge subsequently strongly questioned the deportation of an American citizen without meaningful review. Source: Politico 

Your Responsibility: This case demonstrates that you must be prepared to actively fight for your rights. A specialized lawyer can be your best ally in defending your family’s rights, interpreting complex laws, and preventing violations of your fundamental rights. 

Protection for Undocumented Children 

Crucial Considerations 

• Preparing a custody plan is even more important 

• Documenting alternative care 

• Exploring migration options to protect the family 

Protection Strategies for All Scenarios 

1. Legal Documentation

Essential Documents: 

• Birth certificates 

• Identity documents 

• Medical information 

• School records 

• Immigration documents (if applicable) 

2. Alternative Care Plan

For Citizen Children: 

• Designate a legal guardian 

• Temporary care power of attorney 

• Specific parenting instructions 

Important Note: Requirements and procedures for legal guardianship vary significantly from state to state: 

Each state has its own laws about: 

• Guardianship appointments 

• Required documentation 

• Legal process for designating a guardian 

Some states require: 

• Notarized documents 

• Court hearings 

• Additional evaluations of the proposed guardian 

It is crucial to consult with a local attorney specializing in family laws of your specific state 

For Undocumented Children: 

• More detailed power of attorney 

• Explore options such as:  

• Asylum 

• U Visa 

• Juvenile Visa 

• Other legal protection resources 

• Documentation of family ties 

• Preparation for possible family reunification 

Important Note: Legal procedures for families with mixed immigration status are even more complex and vary by state: 

Each state jurisdiction has different: 

• Protocols for mixed-status families 

• Documentation requirements 

• Custody options 

Some states offer more protections than others 

It is crucial to obtain specialized legal advice that considers: 

• The particularities of your family situation 

• Specific laws of your state 

• Possible local legal resources 

3. Emotional and Practical Preparation

Conversation with Your Children: 

Flora de Florecer Counseling Services shares these tips about raids with their children. Source: Instagram 

Children sense when something is not right. If we do not talk to them, children fill the silence with their own fears. 

Speaking clearly and calmly helps them feel more secure and connected to you 

• Start with what they already know 

• Gently ask what they have heard and where they saw it. This helps you understand what they know. 

• Speak honestly and age-appropriately 

• Do not go into details they cannot understand. 

Example phrases: 

• “There are some people who believe we should not be here.” 

• “This is unfair and scary. But we have a plan and we are not alone.” 

Help them name what they are feeling. Naming it reduces its emotional burden. 

• “It’s okay if you feel afraid, angry, or confused.” 

• “It’s okay to cry. I am here with you.” 

Maintain hope and family strength 

• Children do not need all the answers, just your presence and the truth. 

• Avoid making absolute promises. This builds realistic trust. 

Give them something to do to feel useful, this reduces fear: 

• Learn important phone numbers 

• Know who to turn to if something happens 

• Help prepare a backpack with important documents and items 

Teach them to calm their body: 

• Breathe deeply 

• Stomp feet to “feel strong” 

• Sing 

• Hug their stuffed animal 

• Play 

• Draw 

And remember: You are already doing something brave just by having this conversation with them. Your presence, your honesty, and your way of being are the most important things. 

4. Support Network

• Talk to your children’s school social counselor and ask for help speaking with them 

• Identify trustworthy family or friends 

• Prepare a communication plan 

• Establish emergency contacts 

• Seek community and legal support 

Preparation for ICE Check-ins 

Options for Your Children During an ICE Check-in 

If You Want Your Children to Be Deported with You: 

• Take your children to the check-in 

• Prepare a small suitcase with:  

• Passports 

• Identity documents 

• Medications 

• Change of clothes 

• Birth certificates 

• Carry a signed letter clearly expressing your desire for your children to be deported with you 

• Communicate your plan to:  

• Another parent or guardian 

• Close family members 

• Your lawyer 

If You Do Not Want Your Children to Be Deported with You: 

• You are not obligated to bring your children to the ICE check-in 

• ICE has no legal authority to arrest a US citizen 

• You can designate an alternative caregiver before the check-in 

Protection Steps: 

• Prepare temporary custody documentation 

• Designate a legal guardian with stable immigration status 

• Establish a communication and emergency plan 

• Consider obtaining power of attorney 

Important Documents to Bring: 

• Birth certificates 

• Custody documents 

• Signed letter expressing your wishes for your children 

• Contact information for alternative caregivers 

• Emergency phone numbers 

• Copies of identification documents 

Message of Hope and Strength 

Remember: Your love and preparation are the best protection for your children. Every step you take is an act of love and care. 

Our Commitment 

At Saavedra & Perez Law, we firmly believe that you belong here and we fearlessly fight for your family’s right to stay together. We are by your side at every step, offering: 

• Compassionate legal representation 

• Clear and direct communication 

• Personalized solutions 

• Unwavering hope 

Next Steps 

1. Document everything 

1. Seek specialized legal advice 

1. Prepare your family 

1. Maintain hope 

Remember: Your dreams have no borders. We are here to help you protect them. 

Important Legal Note 

This article is for informational purposes only. Each family and immigration case is unique and requires personalized legal consultation.