Family Preparedness Plan  and Checklist in case of a Detention or Deportation

Click to download Family Preparedness Plan (pdf)

                                                  Family Preparedness Plan 

                                                                     and Checklist in case of a

                                                                      Detention or Deportation

The LULAC-WI Family Preparedness Plan is comprehensive and a great start, but may be limited because family situations can be different. Always consult with an accredited immigration professional and/or attorney. 

This form (with the internet links) and more information can be found at lulac-wi.org

Create a checklist by placing a circle in front of a pertinent line for a plan of action (to check off).

1. Know Your Rights Card - Click for a printable document -  English  Spanish

   1. Print and UNDERSTAND IT

   2. EVERYONE has same U.S. Constitutional Rights, including the undocumented

   3. EVERYONE in your household needs a copy

   4. ROLE PLAY scenarios with everyone in your household

   5. ALWAYS ASK for names and badge numbers on any encounter with law enforcement.

2. If Arrested by ICE, the Police or Sheriff, follow the Know Your Rights Card. For more info -Click- LULAC “El Escudo” (Shield)

   1. Stay calm and follow instructions but, DO NOT answer questions, DO NOT give consent to a search (yourself, car, or home), or DO NOT sign any document without having your attorney. 

   2. Your video should have the law enforcement members names and badge numbers (assuming you asked and recorded everything) and any proof of RIGHTS VIOLATIONS they may have committed.

   3. Request an attorney immediately. Immigration officials, police, and the sheriff are required to allow you to call an attorney. You have the RIGHT TO RAMAIN SILENT until your attorney is present.  

   4. If detained or arrested by ICE, write down the name and phone number of your case officer as well as your A-number (Alien Registration Number). If you do not already have an A-number, you will be assigned one. 

      1. Share this information with your attorney and family. It will assist them in locating you should you be moved to a different detention facility.  

      2. Family members can go to https://locator.ice.gov/odls/#/search or call (888)351-4024 to find where you are being detained.  

   5. More Info on Your Rights from the American Immigration Lawyers Association (AILO)

      1. Home - see handout from AILO    English  Spanish

      2. Public - see handout from AILO     English  Spanish

      3. At Work - see handout from AILO   English  Spanish

3. Determine if you Qualify for Immigration Relief or legalization status

   1. It is estimated that more than a million undocumented individuals are eligible for existing forms of immigration relief. Use one of the free tools below to see if you may be eligible.

      1. Free and simple information for immigrants Click - IMMI self-screening tool

      2. Catholic Legal Immigration Network, Inc. (CLINIC) Click - CLINIC self-screening tool

      3. Consult with an immigration attorney (see the next section)

4. Legal help

   1. Accredited Agencies - Free or low cost - Click - immi works with legal aid organizations across the U.S. to connect immigrants with legal help

   2. Accredited Agencies - Free or low cost - Click - National Immigration Legal Services Directory

   3. Immigration Attorneys

      1. Financial planning for legal expenses

         1. Whether you need to consult an attorney to make arrangements for your children, for your financial assets, to better understand your immigration options, or in case of detention, you should expect to incur some amount of legal defense expenses. 

         2. Anticipating these fees and saving money in advance can ease this process and avoid draining your account in case of emergency.

         3. You should also look into whether or not a local community organization has a bond or immigration legal expenses fund, which can help to cover some of the costs mentioned above.

         4. Certain state and local governments have also set up such funds. You or a loved one may be eligible to receive financial assistance from one or more of these if you apply.

      2. Finding a Qualified Immigration Attorney

         1. The American Immigration Lawyers Association (AILA), Click - AILO

         2. Lawyer Ratings based on background and the State Bar (AVVO), Click - AVVO

5. Collecting and securing your documents

   1. It is important to find, make copies, and organize into a BINDER all important personal documents: 

      1. IDs, birth certificates, marriage, medical, financial and school records, and immigration records and letters including your “alien registration number” if you have one (the 8-digit number that begins with an “A”). 

      2. You can share these with a lawyer as well as other adults or responsible children to keep them safe and easy to access in case of an emergency.

6. Carry with you evidence of having been in the U.S. longer than two years. You may want to carry copies with you so as to not risk losing your originals.  Share this information if you have been taken into custody. Examples include:

   1. Mail that you received at your home address with a postmark.

   2. A signed lease

   3. Church or school records with your address

7. Do not carry foreign identification documents, such as a foreign passport, with you, as these can be used against you.

8. Identify guardians and establishing power of attorney 

   1. Wisconsin Approved forms for Power of Attorney Documents

      1. Power of Attorney for Delegating Parental Rights -  English  Spanish

      2. Power of Attorney for Finance and Property -  English   Spanish

   2. If your children are minors, you should designate someone else to care for them if you are detained or deported. Fill out the forms yourself, use a non-profit agency, or hire an attorney. The options will be different in different states, but may include: 

      1. Caregiver’s Authorization Affidavit

         1. The caregiver may need access to:

            1. Important documents for your children (birth certificate, school, medical records or legal documents).

            2. Instructions about your children’s medical needs.

            3. Contact information of other relatives or people you trust.

            4. Contact information of your children’s school or daycare. Give the school a list of people who are allowed to pick up your children.

      2. Guardianship

         1. You can ask a court to make the caregiver the "guardian" of your children. A guardian can make legal decisions for your children. Every state has different rules. Learn about the benefits and the risks of "guardianship."

      3. Power of Attorney, or other types of letters or forms. 

         1. This person should be someone you trust who has legal status. 

         2. If you don’t know anyone with legal status, make a plan with someone you trust.

         3. This designation means that if anything happens that makes it hard for you to communicate with your family, like if you are placed in a detention center, the person you’ve chosen can step in and make important decisions to keep your family from being separated.

9. Talk to your children under 18 years old:

   1. Talk to your children about what will happen if you are detained or deported. Reassure them by telling them about your plan.

   2. Make sure they know who will meet them after school.

   3. Make a list of important phone numbers and contact information for each child.

   4. Put money aside to help pay for things your child may need.

10. Securing passports for you and your family members

    1. If your child is a United States citizen, you can secure a U.S. passport for them, which will enable them to travel abroad. 

       1. You may also inquire with your home country’s consulate as to whether or not they grant dual citizenship. 

       2. If they do, you can secure dual citizenship for your child and apply for a passport from your home country as well.

       3. Acquiring passports for your child is helpful because if you or another family member has to leave the U.S. and is unable to return to the country for an extended period of time, your child can travel with you or visit you regularly.

    2. If your child was born in another country, 

       1. visit that country’s local consulate to obtain a passport for them.

11. You are taking care of an elder or someone older than 17 years old, with medical needs:

    1. Find someone to take care of this person.

    2. Organize their insurance information and medical records.

    3. Make a list of their medications.

    4. Write down the contact information for all health care providers, including: medical, dental, behavioral counselors, other specialists.

    5. If that person agrees to be the caregiver, they will need access to:

       1. Medical and legal documents.

       2. Instructions for your family member’s dietary and medical needs.

       3. Contact information of other relatives or people you trust.

12. Your Apartment, Property, and Bank Account

    1. Apartment:

       1. Make sure your lease has every adult listed on it

       2. You can keep your apartment and make payments from another country. Determine with all of the adults if rent and be paid without your income and plan for contingencies.

       3. If you decide to move the family elsewhere, provide a 28 day Notice to your landlord. If you need less than 28 days, ask the landlord if you can leave early and receive the security deposit.

    2. House:

       1. You can keep your home and make payments from another country. See the section on Mortgages and Property Taxes below.

       2. Decide whether you need someone or a property management company to help you manage the property.

       3. You can sell your home or give someone "power of attorney" (permission) to sell it for you.

       4. You can keep your home for now, and give someone "power of attorney" in case you decide to sell it later.

       5. Click here to learn more about "power of attorney."

    3. Car:

       1. Take your car with you. Your country might have rules about bringing a car from the U.S. Check with your home country.

       2. Give your car to someone else. You can give your car to someone as a gift. Every state has different rules on how to give your car to someone. Check with your local DMV (Department of Motor Vehicles) for more information.

       3. Sell your car. Find out how much your car is worth. If you have a loan on the car, you can pay off the loan. You can also assign (transfer) the loan to the person who buys your car. Check with your local DMV (Department of Motor Vehicles) for more information.

       4. Return your car to the lender or lessor. Check your loan or lease documents. You can end the lease and pay the rest of the amount on the lease. This way, you give the car back. You can also sell the lease to someone.

    4. Bank or Savings Account:

       1. Close your bank account. Ask your bank how to close your account. Find out if you can close your bank account from outside the U.S.

       2. Keep your bank account if you want to use it for bills or other expenses in the U.S. after you leave. 

       3. The bank may charge you extra or block your account if you use it from another country. Tell your bank you may be using your account from abroad. 

       4. You can also add a person you trust to the account. This creates a "joint account." The benefit is that they can help manage the account. The risk is that they can take the money.

    5. Cell phone:

       1. Since your phone plan is a contract, you can ask your phone company how many months are left on the contract. 

       2. Then ask if there is an "early termination fee." Find out if you have to pay extra to end your contract. 

       3. Save any information on your cell phone in a safe place in case the phone is lost or stolen.

13. Your Bills, Debts, and Insurance

    1. Credit card:

       1. Your credit card debt will not go away after you leave the U.S. Unpaid debt can affect your credit. Lenders may try to collect what you owe after you leave the U.S.

       2. Ask your bank if you can use your card or if they charge fees for using it outside the U.S.

       3. Write down the name of your bank or card company, phone number, and address. Keep this information in a safe place. Someone you trust can get this information if you are detained.

    2. Loan: 

       1. Your debts will not go away after you leave the U.S. If you don't pay back your loans, the lender can try to collect from you. This can affect your ability to borrow money in the future.

       2. Write down the lender contact information. Write down how much you owe to each lender and keep it in a safe place.

       3. Talk to the lenders about your situation. Ask to make special arrangements with them.

       4. Decide if you want to give someone you trust "power of attorney." That person can make financial decisions for you.

    3. Mortgage and Property Taxes:

       1. If you do not pay the mortgage, the lender can take the property back. This is called a "foreclosure." Debt collectors can also sue you. 

       2. City property taxes also need to be paid. The city can also take the property away if not paid.

       3. They can sue even if you are not in the country. You can keep your house and make payments from another country. 

       4. Determine with all of the adults if the mortgage and property taxes and be paid without your income and plan for contingencies.

       5. Keep your mortgage and title documents in a safe place.

    4. Insurance policy:

       1. Cancel your insurance. Canceling your insurance policy can be easy. Call your insurance company and ask them to cancel your insurance plan. Sometimes you have to pay a fee and sometimes you get money back. 

       2. You can also log into your account, and follow the instructions about canceling your insurance.

       3. Continue or transfer your insurance. Ask your insurance company if you can continue the policy if you live outside the U.S. Ask if you can manage your insurance from abroad.

14. If your employer owes you wages for work you did.

    1. You have the right to be paid for the work you have done even if you do not have a work permit. 

    2. If your employer does not pay, you can send them a "demand letter." This is a formal letter telling your employer to pay you. 

    3. You can also file a complaint with your state's labor office or the U.S. Department of Labor.