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Family Emergency Planning in Case of Detention or Deportation

Family Emergency Plan graphic, details in post

In recent weeks, we have seen a surge in ICE enforcement in Chicago. To help you and your family prepare in case you are targeted by ICE, we’ve included some resources below!

Making a Plan

A family emergency plan is a plan to make sure your family is safe and prepared for any emergency, including detention or deportation. The plan should include information for you and your family members, emergency phone numbers, a list of people who you trust to help you if you are detained, and important documents.

It’s important to ask questions like:

  • Who will take care of my children and/or pets?
  • Who will be responsible for my bills?
  • Who will notify your workplace or school?
  • Where can a trusted contact find your important documents?
  • Are there other things that I will need someone to take care of if I am detained, and who do I trust to do that?
  • Who is your primary contact that can keep other friends or family informed?
  • What are your and/or your family’s health needs? Who can manage your family’s health needs if you are detained? Have you written down your own medical needs in case you are detained?
  • Do you have a designated person with legal power of attorney to make decisions on your behalf?

You can use the PDFs as a step-by-step guide to fill out your own emergency plan:

You can also watch our trainings below to understand more about what these plans involve, why they matter, and how to fill them out.

Important Documents

It’s important to keep gather all the documents your loved ones may need if you are detained and keep them in a safe place. Make sure to tell your children or other family members where to find the file in case you are detained. Some of these documents include:

  • Your family emergency plan
  • IDs, passports, social security cards, or ITIN
  • Birth certificates and marriage/divorce certificates
  • Mortgage information and/or rental agreements
  • Short-term guardianship or legal custody documents
  • Medical information
  • Evidence of physical presence in the last two years
  • Immigration documents (e.g. A number, work permit, visa, green card)
  • Documents submitted to your attorney
  • Any legal documentation (e.g. criminal record, police documents, documents of civil complaints, restriction order, etc)
  • Check stubs
  • List of emergency contacts and phone numbers
  • Partially completed DHS Privacy Waiver (more on this below!)

Keep these documents in a waterproof and fireproof box if possible, and share copies (or the location of your files) with trusted contacts.

DHS Privacy Waiver

In case you are detained, it is incredibly important that you pre-fill ICE Form 60-001: Privacy Waiver Authorizing Disclosure to a Third Party. If you are detained, this will allow members of your family, your attorney, or other advocates to contact ICE and receive information about you.

We recommend partially filling out at least three of these forms, for three different purpose:

  • A loved one that can serve as your primary contact
  • Your attorney
  • Your Congressional representative, so they can advocate on your behalf if you are detained. You can use the Find Your Congressional Representative tool to find your office, and contact the office to find out what recipient information to use on the form.

It’s important to pre-fill as much information as possible, and make sure that everything is filled out correctly, as ICE has been known to refuse the form if there are any typos or missing information, including witness name and signature. Make sure you and witness sign the form, but do not date it. The forms expire after 90 days, so if you sign it too early, it may expire before you need to use it. You can give it to a trusted friend or family member who can date it on your behalf if you are detained.

To clarify: this form will only be used if you are detained by ICE. You do not have to give any information to ICE unless you are detained. Pre-filling it ensures that the people you designate will be able to contact you and advocate on your behalf, but you don’t have to do anything with this form if you are not detained. You can just give it to a trusted friend or family member, or keep it in a safe place along with other important documents.

You can also learn more about congressional inquiries and the privacy waivers in our training below.

Short-Term Guardianship Options

It’s also important to think about who will care for your children in case you or a co-parent are detained or deported. You don’t necessarily need a court-appointed guardian if that happens. A short-term guardianship will allow you to name a temporary guardian who can care for your children, and make decisions on their education, healthcare, and daily needs while you are unable to do so.

Short-term guardianships are free, and do not require going to court, or involving a notary or attorney. They are valid for a year after the guardianship takes effect. Short-term guardianships can be completed for any child under the age of 18, and by people with or without legal status in the U.S., but it does not provide a pathway to legal status in the U.S. for parents, children, or guardians.

Here’s how it works:

  • Download and complete the form below.
  • The form MUST have signatures of both parents (unless the 2nd parent is not required), 2 witnesses, and the
    guardian to be valid

Once you fill out and sign the guardianship papers, give copies to your guardian, your children’s schools or childcare providers, and your children’s medical providers. You can also keep a copy with the rest of your emergency family plan paperwork.

Learn more about short-term guardianship from Illinois Legal Aid Online, or view our trainings below!

Once you have filled out our emergency plan, sit down with your loved ones and take them through the plan, so they know who to reach out to in case of emergency, where your documents are stored, and any other information they may need to know in case you are detained.

If you need any assistance in filling out your emergency plan, we recommend reaching out to the ICIRR Family Support hotline at 855-435-7693. You can also reach out to our office if you need help!

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