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While many families in South Florida finalize details for back-to-school with supply lists and bus routes, one sector is experiencing these days filled with concerns and legal proceedings out of fear of deportation.
Local news outlets have reported on the testimonies of dozens of undocumented parents who, fearing detention or deportation by Immigration and Customs Enforcement (ICE), are making plans to ensure their children's care in case they can no longer be present.
Immigration attorney Richard Hujber, with nearly three decades of experience, warns that an increasing number of clients—especially in households with mixed immigration status—are seeking advice to protect their children and assets, reported the channel CBS12.
The first step, they assure, is to establish legal guardianship through a family court, a process that can take months and should be initiated before any arrest.
Another key recommendation is to grant a power of attorney that allows a spouse or trusted person to manage bank accounts, properties, or businesses in the event of detention.
Hujber recalls having seen successful entrepreneurs lose control of their businesses overnight for not having this legal mechanism in place.
The lawyer also emphasizes the importance of all children having a valid passport, whether they are citizens or not, in order to reunite with their parents abroad or visit them.
It also urges individuals to know and exercise their rights regarding ICE, such as agents cannot enter a private residence without a court order signed by a judge.
“Preparation is key,” emphasizes Hujber, who clarifies that deportations, in some cases, occur more quickly, leaving families without a chance to react.
Some school authorities, such as in Martin County, have stated that ICE cannot remove students from the campuses without a court order.
However, the fear persists regarding what could happen outside of school hours. CBS12 reported a decrease of up to 5% in the attendance of Hispanic students in that county, attributed to the fear of immigration operations, especially after several mothers were detained while their children were at school.
In this climate of uncertainty, triggered by the immigration policies of President Donald Trump, there has been a nationwide crackdown on immigrants.
Frequently Asked Questions about the Protection of Children of Undocumented Parents Facing ICE Actions
What can undocumented parents do to protect their children in the event of deportation?
Undocumented parents can establish legal guardianship through a family court to ensure the care of their children in the event of deportation. Additionally, it is advisable to grant power of attorney to a trusted person to manage assets and bank accounts. Keeping the children's passports up to date is also crucial to facilitate any family reunification abroad.
What rights do individuals have if ICE comes to their home?
ICE cannot enter a private home without a court order signed by a state or federal judge. Residents have the right to deny access if ICE only presents administrative documents or internal forms that are not valid court orders. It is important to ask to see the court order through a window before opening the door.
How does fear of ICE affect school attendance among the children of immigrants in Florida?
The fear of ICE actions has led to a decrease in the attendance of Hispanic students in some counties in Florida, such as Martin County, where a decline of up to 5% in school attendance has been reported. This fear stems from concerns that immigration operations may affect families outside of school hours.
What legal measures are recommended to address the immigration pressure from ICE?
It is crucial to seek specialized legal advice and understand the rights of immigrants in relation to ICE. Attorneys can help explore legal alternatives such as appeals, which can halt immediate deportation. Additionally, it is important to be prepared with legal documentation and have an action plan in case of detention.
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