Deportation: Guardianship for Minor Children, Power of Attorney and What Schools Can Do to Help

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:

1. Assuring the maintenance and care of another person
2. Making financial, medical, and educational decisions
3. 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]

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]

For a full briefing paper on countering the threat of deportation, click here.

END NOTES:
[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.

Deportation: Things Immigrant Families Can Do Now to Protect Loved Ones

Top Left: American Immigration Council, Top Right: The Hill,
Bottom Left: VCG/Qian Weizhong, Bottom Right: KERA News.

By Sam Piha

Create A Safety Plan 

Many immigrant family advocates suggest that immigrant families, regardless of status, should create a safety plan in case family members are taken into custody by ICE. The safety plan can be shared with parents. The National Immigrant Justice Center provides steps for creating this plan below.

• “Identify your emergency contacts and list and memorize their phone numbers. 
• Provide your child’s school or day care with an emergency contact to pick up your child.  
• Provide authorization in writing for your emergency contact to make medical and legal decisions for your child. 
• Tell your loved ones that if you are detained by ICE, they can try to use ICE’s online detainee locator to find you: https://locator.ice.gov/odls/#/search.” [i]

“Right now, we haven’t made a plan because you don’t want to accept it, but I don’t know,” she said. ‘It would probably be good to make a plan, but sometimes you just don’t want to accept it yourself. She asked me, ‘What if they take you while I’m in class? Who will pick me up? Where will I go?’” [ii]

Mobilization for Justice advises, “The simplest way to plan for your child’s care is by filling out a Parental Designation form. Contact MFY Legal Services for a sample parental designation form. This form gives another person temporary authority to help your child get medical care, enroll in school, and get public assistance. 



• You choose the person. It can be any person you trust to care for your child. You and the person both have to sign the form. 
• You are not required to go to Family Court. You do not give up any rights over your child by filling out a Parental Designation form, and you can revoke it at any time. 
• The form is valid for six months if it is notarized. It is only valid for one month if it is not notarized. You can re-sign the form as many times as needed. 
• If your child has special medical needs, or if the other person will be caring for your child indefinitely, the person designated may need to go to Family Court to get a legal order for Custody or Guardianship. Additional information on Custody and Guardianship may be found on the “Caregivers/Relatives” side of this guide. Please contact Mobilization for Justice for more information about this.

Update emergency contact information at your child’s school. Add contact information for adults who can pick up your child if you become unavailable. Also update the emergency contact information with your child’s doctor, school bus, and after school programs. 

Make copies of your child’s important documents. Leave copies with an adult who will be able to care for your child if you are deported or unavailable to care for them.” [1]

Also, Mobilization for Justice advises immigrant families to:

• “Seek A Legal Consultation: With private attorneys: Call the American Immigration Lawyers Association at 1-800-954-0254 for a referral. With nonprofit organizations that employ U.S. licensed attorneys or Department of Justice accredited representatives: A list of these organizations can be found at Immigration Advocates Network.
• Collect Your Documents in A Safe Place: Keep your identity information and financial information in a safe location. Gather documents showing the length of time you have been in the United States; the most recent two years are most important. This can include U.S. income tax returns, utility bills, leases, school records, medical records, bank records, or other documents. Make sure your emergency contact can access all of these documents. Read and practice NIJC’s guidance on what to do if you encounter ICE in your community.
• Avoid Immigration Fraud: Only seek legal advice from an attorney or an accredited representative at a Department of Justice-recognized nonprofit organization. Lawyers must have a license from a U.S. state to practice law. Ask to see their law license. Law licenses from other countries do not authorize the practice of law in the United States.  Accredited representatives must be accredited and work for a nonprofit agency recognized by the Department of Justice. Ask to see their accreditation documents. Never sign an application with false information and never sign a blank form. Ask for copies of everything you sign. 

If the advice sounds too good to be true, get a second opinion before filing an immigration application. Read NIJC’s full guidance on how to avoid immigration fraud. 

• Be Alert for Digital Scams: Be skeptical of social media posts promising new or quick immigration relief. The U.S. government (including Department of Homeland Security, U.S. Citizenship and Immigration Services, Immigration and Customs Enforcement, and State Department) will never contact you via WhatsApp or social media. With limited exceptions, such as people who are released from detention and told they must check in with ICE via telephone, the U.S. government generally does not contact individuals by phone. 

If you receive an unexpected message or phone call from someone who claims they are an immigration officer or other government official, do not respond or share personal information. Do not wire or transfer money to pay a “processing fee” or for any other reason.  If in doubt, consult an attorney or accredited representative before taking any action. Avoid sharing unverified information on social media.

• Know And Defend Your Rights: No matter the immigration status, everyone has rights under the United States Constitution. Know your rights and what to do if Immigration and Customs Enforcement (ICE) comes to your child’ school.” [2] To learn more about your rights, click here.

Source: www.pexels.com

According to the National Immigrant Justice Center, “All persons in the United States have constitutional protections, including the right to remain silent when questioned or arrested by immigration officers. Being stopped by immigration officers or other law enforcement can be frightening, but it’s important to stay calm. During any encounter with law enforcement, it’s important to do the following:

• Stay calm and don’t run, argue, resist, or fight the officer, even if you believe your rights are being violated or you are being treated unfairly. Keep your hands where police can see them, and tell them if you need to reach into a glove compartment or for a wallet to show your papers.
• Don’t lie about your status or provide false documents.
• If you are pulled over in a traffic stop: Ask if the officer is from the police department or immigration. Immigration officers often identify themselves as “police,” but they are not police. Ask if they are from Immigration and Customs Enforcement (ICE) or Customs and Border Protection (CBP). If they are immigration officers, follow these guidelines about what information to provide.   
• If you are a U.S. citizen or have lawful immigration status: Show your passport, legal permanent resident card, work permit, or other documentation of your status. If you are over the age of 18, you should carry your papers with you at all times.
• If you are undocumented: You have the right to remain silent and do not have to discuss your immigration or citizenship status with the police, immigration agents, or other officials. Anything you tell an officer can later be used against you in immigration court.
• If an officer knocks on your door: Do not open the door. Teach your children not to open the door. Officers must have a warrant signed by a judge to enter your home. ICE “warrants” are not signed by judges; they are ICE forms signed by ICE officers and they do not grant authority to enter a home without consent of the occupant(s).
• If you are outdoors and think you see immigration officers nearby:
• Move to a safe indoor space
• If you are a U.S. citizen and feel safe to do so, record the activity with your phone or write down any relevant information about what you witness—ALWAYS being careful to not interfere or otherwise obstruct the operation

DO NOT:

• Post unverified information on social media
• Interfere with the investigation or otherwise put yourself in harm’s way.” [3]

For a full briefing paper on countering the threat of deportation, click here.

END NOTES:

[1] Mobilization for Justice, Family Plan for Parents Preparing for Potential Deportation
[2] Mobilization for Justice, Know Your Rights: What to Do If Ice Comes To Your School
[3] National Immigrant Justice Center, What “mass deportations” might look like 

Ask Congress to protect 21st CCLC and other youth funding!

"The President proposed a budget that appears to eliminate 21st Century Community Learning Centers (21st CCLC) program. 21st CCLC is the only federal funding stream dedicated to afterschool and summer programs, supporting thousands of local programs across the nation. The proposed Executive Budget also levies enormous cuts on the Department of Education and other agencies that support afterschool and summer programs and the youth and families they serve." - New York State Network for Youth Success  Read Afterschool Alliance's blog here.

Deportation: How to Talk with Your Kids and Staff Education and Training

Source: www.pexels.com

By Sam Piha

Many afterschool programs serve immigrant families. Many of these families have fears about the latest deportation campaign and how best to handle themselves, should ICE show up. These fears are shared by children and may be expressed at home or in the afterschool program. This raises the question of how best to talk with kids about their fears. It may be best to communicate with adult family members on how this is being dealt with within the family and share the advice of this blog.

According to Google AI, “When talking to children about the possibility of deportation, be honest and age-appropriate, reassure them of your love and support, and focus on their family's plan to stay safe and together. Here's a more detailed guide:

1. Explain in Simple Terms:

• Use clear language: Avoid legal jargon or complex terms. Explain what "deportation" means in a way they can understand, such as "being sent back to another country". 
• Focus on the facts: Don't exaggerate or scare them with unnecessary details. Stick to the information you know and can control. 
• Answer their questions honestly: If they ask about specific scenarios, answer them directly and truthfully, but avoid overwhelming them with details. 

 2. Reassure and Comfort:

• Emphasize your love and support: Let them know that you love them very much and that you will do everything you can to keep them safe and together.
• Focus on your plan: Explain that you have a plan in place and are taking steps to ensure your family's safety and well-being.
• Validate their feelings: Acknowledge that they might be feeling scared, worried, or sad, and let them know it's okay to have those feelings. 

3. Focus on the Positive:

• Emphasize your strengths: Talk about your family's strengths and resilience. Remind them that you are a team and that you will get through this together.
• Highlight positive aspects of your community: Talk about the resources and support systems available to you and your family, such as community organizations, friends, and family members.
• Focus on the future: Talk about your hopes and dreams for the future and how you will work together to achieve them.” [i]

Source: www.pexels.com

Staff Education and Training

Because the advice for immigrant families can be very complicated, we recommend that afterschool staff invite a local immigrant advocacy organization to train staff and parents. We also recommend that program leaders confer with school leaders, as the district may have immigration policies and content experts that can also train staff and parents.  

For a full briefing paper on countering the threat of deportation, click here.

END NOTES:
[i] Google AI, How to Talk With Kids About Deportation

One More Thing

By Sam Piha

We are committed to speaking out on the youth impacts of immigration policies, sustained funding for afterschool, access to mindfulness training and playful learning opportunities afterschool. Below, we offer some additional resources on these topics.

IMMIGRATION AND TERROR

Source: Denver Public Schools

“In the wake of the horrible tragedy in El Paso, Texas, and the ICE raids in Mississippi that have come crashing down on a nation already awash in rising racial tension and vilification of immigrant families, we…are now more than ever focused on being a safe harbor for all of our children and families.” -Denver School Superintendent Susana Cordova (Cordova’s full statement is available in several languages.)

We do know that some school districts have addressed these issues regarding immigrant youth. But what about afterschool programs? According to the Afterschool Alliance, “In communities across the country, anxiety and concern are growing among immigrant children and families in response to new immigration policies and efforts currently underway. Afterschool programs can play an important role in creating a safe and welcoming environment for immigrant students and families and cultivating a sense of belonging and overall wellbeing.” The Afterschool Alliance hosted a webinar with speakers from the National Immigration Law Center and Legal Services for Children. 

The Alliance is also in conversations with the American Constitutional Society for Law & Policy on hosting another webinar next month on the topic of the ICE raids. We will share more information once we know more.

FUTURE SUPPORT FOR AFTERSCHOOL 
We know that funding for afterschool is not guaranteed. Thus, it is important that we advocate every year. One way is participation in the yearly Lights On Afterschool events. 

“Join more than 8,000 communities and 1 million Americans in celebrating afterschool programs for this year's Lights On Afterschool! This nationwide event, organized by the Afterschool Alliance, calls attention to the importance of afterschool programs and the resources required to keep the lights on and the doors open. To learn more about Lights On Afterschool, register an event, access event planning tools, or to find out what’s going on in your area, visit afterschoolalliance.org.” -Youth Service America

Why not invite a policymaker to visit your program? By engaging them, you begin to build a relationship and educate them about the importance of your program and the issues that matter to you.

Check out Youth Service America’s site on GYSD Advocacy / Public Official Engagement Tools. This page will help you engage public leaders. Voices for National Service has tips for Hosting a Successful Site Visit. The Afterschool Alliance outlines five simple steps to set up a site visit and also provides these three case studies. 

PLAYFUL LEARNING
Too often we have avoided the “F” word, FUN, in afterschool programs.  The National Afterschool Association (NAA) dedicated an issue of Afterschool Today to playful learning. In 2019, The Genius of Play spread its message to afterschool professionals and parents through a new partnership with NAA.  

MINDFULNESS

Source: Laurie Grossman

For years we have been promoting the value of teaching mindfulness. We thought you might enjoy this brief radio interview with a school volunteer that teaches mindfulness to young people in an Oakland school.

Immigration and Afterschool

The harsh rhetoric surrounding immigration and the aggressive policies of this Presidential Administration has been very hard on the youth and communities we serve in afterschool. The Learning in Afterschool & Summer (LIAS) Project has published several blog posts on this issue, including guest blog posts by youth and practitioners working to address these issues with young people. Below, we call your attention to several of these important posts. -------------- "I am not an illegal alien. I am not a terrorist nor lazy. And I am, most definitely, not uneducated." My name is Angie. In my infant years I didn't know who my mother was, for she had immigrated to the United States after I was born, leaving me and my brother under my grandmother’s wing. READ MORE --------------- Supporting Immigrant Families School officials report anxieties have reached new heights since Donald Trump’s inauguration, with possible consequences on young people’s ability to focus on school work, the willingness of parents to attend school events, or even to bring their children to school. READ MORE ------------ Practitioners Speak Out: Serving the Needs of Immigrant Youth Be aware of the joking and poking that happens in schools. Create a close to zero tolerance space for immigration jokes. For many students, it is not a joke. Also, be aware of the conclusions many undocumented students are coming up with through their time in the educational system. Residents and undocumented students with undocumented parents might conclude that higher education is not an option for them. READ MORE ------------ Collateral Damage: New Immigration Policies and Education in California California is home to the largest undocumented population in the country. Approximately 250,000 undocumented children are enrolled in California schools and an average of four students per classroom throughout the state have an undocumented parent. “Mixed status” children, children who have legal status but their parents do not, are as susceptible to the ramifications of enforcement as their undocumented peers. READ MORE ------------ Family Separation and Childhood Trauma In expanded learning programs, we are seeking to learn the effects of childhood trauma and design programs that integrate trauma informed practice. Thus, we were horrified by the Trump Administration’s practice of “zero tolerance” which inflicts trauma on children and youth. READ MORE ------------ Subscribe to our Learning in Afterschool & Summer (LIAS) Blog

Immigration & Inclusion in Schools

By Sam Piha

California, like many states, is home to a large number of documented and undocumented immigrants and DACA recipients. Thus, the recent changes to our immigration policy has huge implications for our schools - teachers, parents, and youth. 

The California County Superintendents Educational Services Association (CCSESA) has developed an excellent report on the effects of the immigration policy changes on our public schools. This report entitled California: Immigration & Inclusion in Schools has very little text, only infographics which makes it a powerful communications tool for educators and afterschool providers. Perhaps those in other states can identify similar numbers. 

We highly recommend that you take a look at this brief report (8 pages). In reviewing this report: 

• What surprised you? 

• What implications do these facts have on your program design and/or practice? 

• With whom could you share this with (youth participants, program staff, school staff, parents, or others)? 

**NOTE: All infographics and images are from the California: Immigration & Inclusion in Schools report by CCSESA

Collateral Damage: New Immigration Policies and Education in California

By Guest Blogger, Michelle O'Neill

Michelle O'Neill

Immigration reform is headline news. The post-election changes in immigration policies and increase in enforcement have resulted in profound fear and anxiety within our immigrant communities. Immigrant students are one of the most vulnerable populations served in public education. Research shows the changes in policies have negatively impacted immigrant students, and the public schools and programs that serve them. New studies reveal a discernible decline in academic performance, school attendance, enrollment in school based programs and children’s health services. 

California is home to the largest undocumented population in the country. Approximately 250,000 undocumented children are enrolled in California schools

and an average of four students per classroom throughout the state have an undocumented parent. “Mixed status” children, children who have legal status but their parents do not, are as susceptible to the ramifications of enforcement as their undocumented peers. Each equally live in fear of being separated from their parents and the possibility of having to leave everything they have known. This issue is of great significance for our state’s educators as they have the overwhelming responsibility of supporting the social-emotional and academic success of each of their students.

Though more undocumented immigrants were deported under the Obama administration than any other presidential administration, the level of anti-immigrant rhetoric and propaganda shared by the Trump administration is unparalleled. Immediately following the last election, hate crimes committed against immigrants increased by over 11% in California. The most violent type of hate crimes in Los Angeles increased by 50%, with over half of those incidents involving bias based on race, ethnicity or national origin. Schools have been a particularly common location for hate crimes. Studies show an increase in racial and religious bullying on campus, even between young children. Children as young as three-years-old are deeply aware of the anti-immigrant sentiment and the possibility of losing a parent. 

The news has recently been inundated by shocking stories of young immigrant children being taken away from their parents upon crossing the southern border. While this new approach to deterring illegal immigration is horrific and inhumane, it only shines a light on the treatment of families who have just arrived into the U.S. Out of the spotlight, immigrant families across the country are being torn apart every day. Immigrants who have lived here for decades, often longer than they have lived anywhere else, and without any kind of criminal record, are experiencing alarming rates of detention and deportation.

The recent termination of several federal programs such as Temporary Protected Status (TPS) and Deferred Action for Childhood Arrivals (DACA) has left hundreds of thousands of upstanding immigrants, many with U.S. citizen children, susceptible to being permanently removed from the country. While the media has focused primarily on illegal immigration reform, there are significant changes also being made to legal immigration policies in an effort to make it more difficult for immigrants to enter or remain in the country legally.


The fear of being separated from loved ones creates significant emotional stress for children and the experience of having a parent deported can result in lifelong trauma. When children do not feel safe, they cannot be ready to learn. Public schools and afterschool programs have already been hard pressed to effectively support the extent of challenging behaviors and social-emotional needs of the students they serve. A recent report by the Children’s Partnership, a California based children’s advocacy organization, found a 50% increase in immigrant children receiving diagnoses for anxiety and depression. Increases in student mental health issues coupled with climbing rates of bias-related bullying and harassment at schools is deeply troubling for educators.

As the presidential administration continues to become more aggressive in its efforts to curb immigration, educators must prepare to support more intensive student needs with less economic resources. Programs assisting low-income students such as Head Start, Free and Reduced Lunch, Medi-Cal and after school services, have experienced a significant decline in enrollment. Immigrant parents are too fearful to complete applications, terrified to share personal information that may identify them, or utilize services that may label them as a “public charge” damaging the possibility of changing their immigration status. Public schools and agencies that depend on the critical funding enrollment in these programs generates have cause for concern. With the steady decline of public school enrollment across the state, many school districts have already found themselves in a financial lurch. If immigration enforcement continues to impact participation in these programs, the financial trajectory public education agencies face in California is dismal. 

[NOTE: Graphic images above come from California: Immigration & Inclusion in Schools by the California County Superintendents Educational Services Association] 

Michelle O'Neill works for the Los Angeles County Office of Education under the Student Support Services Division.  Her career has been dedicated to serving under-resourced students in public schools. Michelle has served as a school counselor, as well as a school and district administrator. She has coordinated district wide programs that address attendance improvement, drop-out prevention, early intervention services, mental and behavioral health and alternative education. She currently serves as the County Office of Education’s Immigration Coordinator.

Family Separation and Childhood Trauma

By Sam Piha

In expanded learning programs, we are seeking to learn the effects of childhood trauma and design programs that integrate trauma informed practice. Thus, we were horrified by the Trump Administration’s practice of “zero tolerance” which inflicts trauma on children and youth. 

Below, we post a statement by our colleagues at the Forum for Youth Investment on this topic. We have also published several LIAS blog posts on the issue of immigration and young people.  
---------

The Forum for Youth Investment stands with our partners and peer organizations in expressing deep concerns over the Trump administration's immigration policy and its impact on children and families.

On June 20, President Trump issued an Executive Order to reverse his administration's policy of separating children from their parents. The "zero tolerance" policy that separated more than 2,300 children from their parents was inhumane and unjustifiable, but the approach that is likely to replace it is only a small improvement and falls far short of what we should demand of our nation.

In particular, the policy to allow indeterminate detention of entire families is morally indefensible.  It is also counter to everything that science tells us about child and youth development, health and well-being and the impact of trauma on young brains. As many physicians' associations have noted, these children are experiencing trauma that will likely follow them for the rest of their lives.

Photo Credit: SparkAction

Therefore, we implore the Trump administration to move swiftly to end this inhumane practice and to focus on reunifying separated children with their families as quickly as possible. We also strongly advocate for the President to work with bipartisan congressional leaders to craft just and responsible long-term immigration solutions that have at their center the health and well-being of children, young people and their families.

Please visit SparkAction's Immigration Resources page for more resources and actions to take.