Have you ever thought about what would happen if you, a friend, or a loved one were detained or deported from the United States? In such a situation, critical decisions have to be made quickly while navigating possible detention, immigration court, and the many challenges that come with it. Who would manage your finances? Who would take care of your children? These may not be questions you’ve considered before, but they have become increasingly urgent due to recent changes in immigration policy. Since the new administration took office on January 20, 2025, immigration enforcement has intensified. In fact, according to The New York Times, more people were arrested by Immigration and Customs Enforcement (ICE) in February 2025 than in any other month in the past seven years.
The Trump administration has prioritized deporting individuals in the United States who have criminal records, past removal orders, or lack legal immigration status. Additionally, Protected Status has been revoked for several countries affected by natural disasters or political turmoil. As a result, immigration enforcement efforts have led to the arrest and removal of many longtime U.S. residents—people who have built lives here, started families and businesses, purchased homes, and contributed by paying taxes.
This situation creates a unique set of challenges for people who fall into one or more of the categories. Currently, the Department of Homeland Security (DHS), including Immigration and Customs Enforcement (ICE) and the Office of the Principal Legal Advisor (OPLA)—the agency that represents DHS in Immigration Court—is not using its discretion to dismiss cases that do not involve criminal activity. As a result, individuals with outstanding removal orders who encounter ICE agents may be at immediate risk of deportation. This reality is as harsh as it sounds. Some provisions of U.S. immigration law, known as the Immigration and Nationality Act (INA), allow little flexibility and can result in family separations. These separations occur when a non-citizen family member is deported or denied legal status, while their U.S. citizen children or spouses must remain in the country due to work, school, or crucial medical treatment only accessible in the U.S. In some cases, deported individuals have fled political violence or come from countries with inadequate healthcare, making reunification even more difficult.
STRATEGIES
There are some strategies and protections a family can put into place if they fear arrest and possible removal from the US. These apply to married couples with children, same-sex couples, single parents and single persons without children. The simplest way to understand this is to set aside the immigration aspect and consider it from a broader perspective: “What happens to my assets, home, and children if I can no longer manage my daily affairs?” In other words, it’s similar to asking, “What if I were incapacitated?” While not a perfect analogy, this perspective helps clarify the kinds of preparations someone in this situation might need to make. Two crucial legal tools can help in this situation: a Financial Power of Attorney, which allows someone to manage your finances if you’re unable to, and a designated guardian for your children, ensuring they are cared for if you can’t be there. These safeguards can make all the difference in protecting your family and assets during uncertain times.
POWER OF ATTORNEY
A Power of Attorney gives a designated Agent the authority to make financial decisions for the person granting the power. It is a powerful tool because it allows the grantor of the power to give very specific or very broad powers to the Agent to make financial decisions. There are means for people to continue to pay their bills and take care of some financial matters if they are living overseas, but a business owner or homeowner who has been deported or left the country will often need to make financial decisions and carry out tasks that require them to be present. The Agent has the authority needed to sign documents, potentially saving the grantor of the power from further financial difficulties.
GUARDIANSHIP
Naming Guardians for minor children is especially effective in situations where a family experiences an emergency in which the parent(s) or usual person who has custody cannot take care of a minor child. New York State has a “Standby Guardianship” statute that allows a parent to name a short-term guardian that is valid for up to ninety days before the involvement of a Court is required. The Guardianship takes effect when a “triggering event” occurs—typically a parent’s incapacity, but it can also include deportation. Naming a “Standby Guardian” for your children has many benefits. This designated person can make important decisions about your child’s education, medical care, and daily needs, providing stability until a permanent guardian is appointed
CONCLUSION
Planning ahead can make all the difference in ensuring your family’s security during uncertain times. While the prospect of detention or deportation is daunting, taking proactive steps, such as establishing a Financial Power of Attorney and naming a Standby Guardian, can help protect your assets and provide stability for your children. While these tools do not solve the underlying challenge, they can make a difficult situation more manageable. By putting these safeguards in place, you can gain peace of mind knowing that your loved ones will be cared for, no matter what challenges arise. If you have questions or need assistance, you should contact an experienced attorney for guidance.
