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| Source: Shawn Thew / EPA/ LA Times |
By Sam Piha
Regardless of immigration status, parents should understand the importance of guardianship for minor children and a power of attorney document.
Guardianship
“What is Guardianship? Guardianship of minor children allows one person to make decisions on the children’s behalf. Under guardianship, control is relinquished from a biological or adoptive parent to another person on a temporary or permanent basis. Usually, a minor’s guardian is appointed upon incapacity, disability, or death of the legal parent.
There are three different types of guardianship: informal guardianship, temporary legal guardianship, and permanent legal guardianship. Depending on the type of guardianship, powers consist of one or more of the following:
- Assuring the maintenance and care of another person
- Making financial, medical, and educational decisions
- Reporting to the court about the guardianship status on an annual basis.” [i]
“You should think about who will care for your children if you are detained or deported. This is an essential part of safety planning. However, not everyone will need a court-appointed legal guardian. You should be aware that a guardianship will give the guardian the right to make decisions concerning your children, including whether to allow your children to see you. It may be difficult to terminate a guardianship if you change your mind. You should consult with an attorney before seeking a guardianship.
Power Of Attorney (POA)
A Power of Attorney document is a written document that grants a designated person (your “Agent”) authority to act on behalf of the person giving the POA in some matters. The authority of the Agent may be broad or limited and may allow decisions regarding finances, medical treatment, and/or property. A POA is not a standardized, “one size fits all” form. POAs are not guardianships and an Agent who has authority under a POA is usually not authorized to care for or make decisions on behalf of one’s children.
Not everyone needs a POA. Each person should consider whether a POA is right for them based on their individual circumstances. A POA may be useful because it can be used to allow a trusted friend or family member to access your bank account. If you do not have a bank account in the United States or other substantial financial assets, there may not be a compelling reason to complete a POA. Many banks allow customers to manage their accounts from outside the United States, so if someone is deported, they will generally be able to access their resources from abroad.” [ii]
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| Source: Wellpoint Care Network |
What Schools and Educators Can Do to Eradicate Fear
According to Kayla Lee, “Although the ICE has a 'Sensitive Locations' policy stating that it generally will not conduct enforcement actions at or near schools, the series of raids—especially those that picked up children en route to school—are causing families to doubt their safety within their own communities.
The Los Angeles Unified School District, or LAUSD, voted to prohibit ICE officers from entering school campuses until they have contacted school officials for approval. Additionally, Steve Zimmer, LAUSD school board president, presented a resolution to the school board forbidding the presence of ICE officers on campus until the LAUSD superintendent and lawyer’s office make the decision to allow it. The resolution also gives the superintendent 90 days to come up with a plan to provide assistance, information, and safe havens for students and families faced with fear and anxiety over immigration enforcement efforts. School officials’ actions are important to the protection of unauthorized students and families. According to LA School Report, an unauthorized mother who spoke to LAUSD said that she felt ‘relieved knowing that they can now go to school for help.’
Schools in Prince George’s County, Maryland, have implemented policies to make clear the conditions under which law enforcement officers can interview or detain children on school grounds. The CEO of Prince George’s County Public Schools wrote an open letter to the U.S. Department of Homeland Security in which he expressed his concern for immigrant students who are experiencing fear and anxiety over the recent deportations.
Beyond policies that bar ICE officials from campuses, educators can also allay the fears of students and their families by establishing best practices to provide support and guidance.” [iii]
“The protection of the right to K-12 education for all children established in Plyler v. Doe helps educators create safe environments for immigrant students where they can achieve their full potential. High-quality education is a critical, long- term investment for all children in the United States, and it cannot exist when school attendance is limited by fear.” [iv]
Kayla Lee concludes, “All students are more likely to succeed when their communities come together to protect them. Schools and communities—especially those with high unauthorized immigrant populations —across the United States should follow the examples of Durham, LAUSD, and Prince George’s County and create safe spaces for their students.” [v]
[i] A People’s Choice, Types of Guardianship for Minor in California
[ii] National Immigrant Justice Center, Guardianship & Power of Attorney
[iii] Kayla Lee, How Educators and Communities Can Reduce the Fear of Deportation Among Unauthorized Students and Families
[iv] IBID.
[v] IBID.
