When a family faces an encounter with Immigration and Customs Enforcement (ICE), it is crucial that they know the rights of not only the adults but also of minors.
Understanding the rights that children have in these situations can be key to protecting them and planning for their future.
Right of minors to remain silent during an immigration raid
Children, like adults, have the right to remain silent and are not required to answer questions about their immigration status.
Furthermore, authorities cannot question minors without the presence of a responsible adult, such as a parent, their lawyer, or a child welfare representative. They cannot even legally consent to being questioned without adult supervision.
For this reason, if a raid occurs, ideally the minor should not speak and should ask to communicate with a responsible adult.
Related: Immigration Guide
Can minors stay with their parents during an immigration raid?
Children have the right to remain with their parents, except in cases where the authorities deem their safety to be at risk. This may occur, for example, if the parents are detained for serious legal reasons or if living conditions are considered harmful to the children. However, the authorities must justify any separation and seek solutions that minimize the impact on the child.
What to do if a minor is separated from their parents during a raid?
If a child is separated from their family, it is essential to request the contact information of the agency responsible for their custody. This information will allow you to know their whereabouts and how to contact them.
To obtain this information, you should insist on receiving an official document or direct contact, such as a phone number or address. Furthermore, minors have the right to communicate with their parents or guardians while in custody, ensuring they can maintain contact during this process. This is essential to guarantee you can take the necessary steps to reunite with your child as soon as possible.
How to prepare a temporary parental authority document in the event of an immigration emergency?
One of the best ways to prepare for a possible arrest is to leave a parental authority document Temporary guardianship of a trusted adult. If a minor is alone at the time of an arrest, the authorities have an obligation to ensure their safety and well-being. It is important that the minor knows the full name and contact information of a family member or trusted adult who can be involved in their care. This document allows another person to make legal and caregiving decisions for the children while you are unavailable.
To prepare this document, consult with a immigration lawyer And make sure the designated person has access to the necessary documents, such as birth certificates and school records. This will ensure that children can access essential services and maintain a stable routine.
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