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Emergency Tools for Immigrant Families Nationwide
- Kenadee
- Jun 2
- 5 min read
Immigration laws in the United States are constantly changing. In order to stay ahead of the curve, it is imperative to know the resources available to those in the the immigration system. There are a variety of tools at your disposal that will aid in times of need. Many vary from state-to-state, but this article articulates federal resources available for all to utilize.
Table of Contents
Immigrant Preparation Packet
Colorado Immigrant Rights Coalition (CIRC)
The purpose of the Colorado Immigrant Rights Coalition's immigrant preparation packet is to increase security, stability, and mental health through personal organization. It is not intended as means of defense against deportation. Essentially, it is a resource that helps keep all of your information in one place, effectively preparing you and your loved ones in case of any intervention from immigration authorities.
Document Checklist
The following is a list of necessary documents that are recommended to be included in the packet.
Birth certificates (originals and photocopies)
Identification (photocopies of state driver's license, other IDs)
Immunization records (originals and photocopies)
Family photos and passport photos
Records of living in the USA (lease records, pay stubs, school records, bank statements, bills, medical bills, other dated documents proving residence)
Immigration records (applications, court proceedings, ICE proceedings)
USA criminal records (if applicable)
USA tax records for all years taxes filed in USA
Correspondence
It is strongly suggested that you seek qualified legal counsel to help navigate the more complex legal forms and processes. There are a variety of free legal resources in each state that simple research will provide. While this packet is intended to be used by Colorado residents, there are many helpful sections that can be utilized by all nationwide and we recommend you utilize this crucial resource before its too late.
*The only Colorado-specific pages include CO attorney information, CO driver's license forms, and Delegation of Power By Parent or Guardian forms
Power of Attorney
What is POA?
A Power of Attorney (POA) is a legal document that allows one person (referred to as the principal) to give another person (the agent) the authority to act on their behalf in any legal, financial, or medical matters. POA can be useful in cases of separation due to deportation or detainment. If this were to occur, POA can serve as a decision-maker in regards to childcare, managing finances, medical decisions, and handling legal matters.
How to Obtain a POA
Decide who should be your agent. Choose a trustworthy individual, preferably someone geographically close, who is willing to serve.
Choose how much authority to grant: Define the scope of the agent's powers.
Obtain or draft a form: Use a template or draft a document with a lawyer.
Execute the document: Both parties sign, and it must be notarized or witnessed according to state law.
Make and distribute copies: Provide copies to relevant parties, including potentially financial institutions.
More information on the different types of power of attorney's, including Minor (Child) Power of Attorney, can be found linked below.
Know Your POA Rights
Knowing your rights is necessary to avoid legal trouble, or being taken advantage of by those more familiar with the laws surrounding power of attorney. There are several other nuances to the power of attorney process, but the following states the most pressing:
You do not need a lawyer to get a POA. It is not necessary to hire any legal counsel to oversee the POA process, but it is always recommendable. As long as the power of attorney document is notarized, it is legally binding. We can help you notarize your POA! Click on the button below to book an appointment for a remote online notarization that can done from your computer anywhere in the U.S.
 | Remote Online Notarization (RON) |
Or if you live in Colorado, book a mobile notarization below and we will come to you and notarize your document.
 | Mobile Notarization |
Choosing the type of POA. You have the right to decide which type of POA is best for your situation. See above for information on the different types.
Revoking/ Overriding POA. The process involves writing and notarizing a document stating the revocation and delivering it to relevant third parties. Overriding an agent's POA by a third party is more complex and typically requires concerns of abuse or negligence, potentially leading to court involvement. Verbal revocation is possible but a written, notarized form is preferred if the principal is mentally competent.
Defining scope of authority. The principal can define the specific powers and authority that will be granted to the agent. The agent cannot go beyond these rights.
Willing and informed consent. Both the agent and principal must willingly sign the POA document with full knowledge of the content of the document.
Click here for more info
Standby Guardians
What is a Standby Guardian?
A standby guardian- or 'backup caregiver'- is someone who acts as a guardian in the event that the primary caregiver is unable to care for his or her children as a result of being detained, arrested, or deported.
Powers of a Standby Guardian
Choosing a standby guardian does not mean giving up any parental rights. Much like the power of attorney, the parent still has the ultimate authority in decision-making for their child. The standby guardian has the authority to make important decisions concerning the child, this includes medical care and schooling.
Proactive Steps to Stay Prepared
Legal Guidance. Advice from a well-informed legal professional is always helpful when navigating the immigration system, but not always financially feasible. Seek out the many free legal services available to you while navigating standby guardianship. Do research in your state to find these services (nonprofits and coalitions, workshops, and pro-low bono law help).
Choose. Find someone you trust, like a family member, to care for your child in your absence. The standby guardian's immigration status is not a requirement, but it is recommended for caregivers to seek legal advice on who to choose.
Emergency Contact. Identify and memorize an emergency contact number. then update that information with your child's school.
Key Terms
Principal: The person granting authority to the agent
Agent: The person appointed with power of attorney, aka "attorney-in-fact"
Notary/Notarization: An official authorized by the state to serve as an impartial witness in the signing of important documents
Standby Guardian: A person legally designated to take care of a child if and when the child's parent or current guardian becomes unable to do so
Conclusion
Immigrant preparation packets, power of attorneys, and standby guardians are imperative in taking care of you and your family in the event of an untimely separation. Being prepared can help ease any anxiety about family care. Obtaining POA and standby guardians can be completely free, or low-costing, if you do it yourself. There are also a variety of legal clinics that function as nonprofits in each state that provide free aid for immigrants. Moreover, filling out immigrant preparation packets will aid in obtaining optimized legal assistance and navigation through the immigration system.
Feel free to add comments to this blog posts with suggestions, or any questions you my have. Let us know if this information was helpful!
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