An arrest removes a parent from a household in an afternoon. The plan is what stands in for them until the phone call comes. It has three parts: a person with authority over the children, a folder that proves the family's history, and a short list of numbers that survive a seized phone.
Naming a caregiver
Two kinds of instrument exist, and they do different things. An affidavit or power of attorney needs no court, is revocable at any time, transfers no custody, and reaches only school and medical decisions. A guardianship is a court order: durable, slower, and it suspends rather than ends parental rights. Most families want the first now and the second prepared.
New York. The Designation of Person in Parental Relation under General Obligations Law 5-1551 lasts up to twelve months and must be notarized, with the designee's consent, if it runs more than 30 days. For the court route, the standby guardianship statute, SCPA 1726, now names "administrative separation," meaning immigration arrest, detention or removal, as a triggering event. A parent signs form SG-10; the designation lapses after 60 days unless the guardian petitions the Surrogate's or Family Court.
California. The Caregiver's Authorization Affidavit under Family Code 6550 is signed by the caregiver, not the parent, needs no notary and is never filed; schools and medical providers must accept it, and it is renewed yearly. Since January 1, 2026 a "qualified relative," who may consent to non-school medical care, extends to the fifth degree of kinship. For guardianship, form GC-211 nominates a guardian in advance and can be conditioned on ICE detention; the court gives it due weight, and a 2026 statute added a joint guardianship option.
Texas. The Authorization Agreement for Nonparent Relative or Voluntary Caregiver under Family Code chapter 34, DFPS form 2638, is sworn before a notary by parent and caregiver, covers medical care, school enrollment, benefits and identity documents, and is revocable in writing. A copy must go to the non-signing parent within ten days.
Florida. There is no statutory caregiver affidavit. A parent uses a general power of attorney under the Power of Attorney Act, with two witnesses and a notary, and no school or clinic is obliged to honor it. The court routes are temporary custody by extended family under chapter 751 and standby guardianship under section 744.304, which requires a petition and a confirmation within 20 days of the guardian taking over.
Illinois. The Short-Term Guardian Agreement under 755 ILCS 5/11-5.4 needs no court: two adult witnesses and the guardian's signature, effective on signing, valid for a year, one at a time, revocable at will. The standby designation under 11-5.3 also takes two witnesses, but signing it appoints no one; a petition must still be filed.
Elsewhere, the state court's self-help center or an immigrant legal aid office will name the equivalent. Do it before it is needed; a notarized form takes an afternoon, a guardianship takes weeks.
The folder
Two copies: one where a trusted person can reach it, one with that person.
- Passports and certified birth certificates for everyone, citizen children included
- A-numbers, written out
- Copies of every prior filing, receipt notice and hearing notice
- Marriage and divorce records
- Medical records and prescriptions, with dosages
- Proof of two years of continuous presence: lease, utility bills, tax returns, pay stubs, school records, remittance receipts, dated and unbroken
Never carry originals, and never carry foreign identity documents. The folder proves the two years that keep a person out of expedited removal, which has applied nationwide since July 17, 2026.
The numbers
A seized or locked phone makes the contact list useless. Memorize, and carry on a card: the caregiver, the lawyer, and the consulate's emergency line. On arrest, a foreign national must be told they may have their consulate notified; for 57 countries notification is mandatory regardless. Give the family a copy of the lawyer's Form G-28, or EOIR-28 for court, and a signed representation agreement, so the lawyer can act the same day.
The school
Add the caregiver to the school's records as authorized pickup and secondary emergency contact. Schools may not condition enrollment on immigration status, under a Supreme Court decision of 1982, and may not require a Social Security number at registration. Under FERPA, school records reach law enforcement only as directory information or under a court order or subpoena; parents can opt out of directory disclosure, and should. The 2021 guidance that kept enforcement away from schools was withdrawn in January 2025; the school has no protection beyond what the family arranges.
Money
A joint account or a durable financial power of attorney, a second name on the car title, and written instructions to the landlord. Rent falls due whether or not the person who paid it is in Louisiana.
What to do
- Choose the caregiver and execute the state's form this month.
- Build the folder and place the copies.
- Write the three numbers on a card and put it in every wallet.
- Update the school records and opt out of directory disclosure.
- Tell the children, in age-appropriate terms, who will come for them.
None of this prevents an arrest. All of it decides what the first 48 hours after one look like.