Introduction

In uncertain times, when immigration policies and personal security can create anxiety, it is essential to know your rights and how to assert them. El Escudo is designed to empower immigrant families by providing the necessary information to defend their rights in various situations, from interactions with authorities to accessing medical services, the workplace, and educational systems. This resource is intended to offer a path toward security, ensuring that individuals know they have the right to be treated with dignity and respect, regardless of their immigration status.

In this time of insecurity, remember not to panic, that you are not alone; there are allies and resources available to support you in defending your rights and protecting your well-being.

Make Sure to Develop a Safety Plan

  • Preparing important documents, such as identification and medical records: 

    • Create a safety plan including updating emergency contacts at your child’s school.

    • Carry valid identification, such as a municipal ID or state driver’s license, and avoid carrying false documents.

  • How to get last paycheck:

    • Contact your employer's Human Resources department through a trusted contact person, like a family member or attorney, and ask them to formally request your final paycheck on your behalf. 

  • Designating child care and pickup:

    • Designated caregiver you have previously informed, such as your spouse, other parent, close relative, trusted friend, or neighbor, who you have given permission to take care of your child in an emergency situation.  

  • Power of attorney: 

    • Consider granting a power of attorney (POA) to someone you trust who will remain in the U.S. to take care of matters for you on your behalf.

    • You can either grant a general power of attorney to one agent, or you may grant separate powers of attorneys to different people for different purposes. For example, one can handle your financial affairs while another can make decisions regarding your children. The agent entrusted with the power of attorney must be an adult.

    • Write the document to authorize the power of attorney including how long the power of attorney should last and details about the assets such as the names of the banks, account numbers, locations of the assets, etc… Each state may have different legal regulations, so be sure to follow the requirements and consider the possibility of drafting a power of attorney from abroad if absolutely necessary. Keep a copy of all your own records and the agent’s records of all the actions they take under the power of attorney.

    • Generally, a POA starts with a paragraph identifying the state and county where the immigrant is when he or she is signing the form, giving the name of the immigrant principal and the name of the agent.  The next paragraph is usually a list of possible powers the immigrant can give the agent. The immigrant will check off all the powers he or she would like the agent to have.  

    • In general, a POA must always be in writing, and may have to be witnessed by one or more persons, notarized, or recorded at the county courthouse, depending on where, and for what purpose, the POA is being used.

    • “General” POA, Special or Limited POA, and Springing POA. An agent should be a person who has the necessary documentation to be in the U.S. legally if possible, a person residing in the same state the POA will be used, a person who can be trusted to act in accordance with the immigrant’s wishes and be trusted to take the time to manage these responsibilities.

    • WARNING: Be cautious when considering a spouse or intimate partner as your agent. The immigrant’s interests can quickly become opposed if there is a divorce or breakup. Many service providers have seen immigration status used as a means of control and coercion by abusive partners.

    • Some states have a “Statutory form” serving as the model POA form that contains all of the required instructions and information to make it valid and accepted within the state. These states include California, New York, Texas, and Florida. The forms can be downloaded online from the state’s official websites by searching “Statutory form power of attorney” and your state.

    • If a third party is refusing to accept the POA from the agent, consider reaching out to a lawyer and possibly bringing forward a lawsuit if the third party is acting unreasonably. Otherwise, they may bring forward another way to resolve the situation such as filling out the 

    • Key financial items to consider and have organized to be readily available: 

      • Bank

        • Depends on bank. Either close or see if you can access in your home country.

      • Cash

        • Find a U.S. bank with ATMs in foreign countries to avoid problems with carrying cash across the border. Consider sending a bank draft as well since they can be cancelled if lost.

      • Car

        • If selling your car, be sure to put the sale in writing, request the buyer pay in cash, file title and tax forms with the DMV, and communicate the sale to your automobile insurance carrier. 

      • Residential Lease

        • Understand the terms of your lease and if you are responsible for unpaid rent, or if you can sublease to someone else. 

      • Home

        • If you are not familiar with the sales process for your home, consider contacting a real estate agent as it is very important that the sale complies with all laws. To gift your home, you will need to follow a strict process as well of executing a deed, preparing the appropriate paperwork for state and local tax forms, resolve mortgage issues, and register miscellaneous liabilities, such as insurance and utilities.

      • Business

        • To transfer or sell your business, refer to your local rules and regulations by consulting with local city, county, and state agencies for additional guidance on the process.

      • Social Security and Veterans Benefits

        • If your dependents are U.S. citizens, they can continue to receive benefits.

        • If you are lawfully admitted to the U.S. for permanent residence after being deported, any benefits that were unpaid on account of your deportation may be payable when you are readmitted.

      • Collecting Unpaid Wages and Final Paycheck

        • You have the right to wages for any work that you have done regardless of work authorization. If your address changes because of detention or deportation, notify your employer of your new address to send your final paycheck. 

        • If you are not paid your final paycheck, you may make a formal complaint with the Department of Labor or your state labor office. Some nonprofit organizations and your consulate may also be able to assist you.

      • Debts

        • Your debt is not discharged when you leave the country. Many banks and other lenders are multinational and may attempt to collect the debt if it is not paid. 

        • Be sure to contact the lender to notify them of the situation and forwarding address either before or immediately following deportation. Request receipt of your notification to validate that you contacted them.

      • Taxes

        • Even if you are not a lawful permanent resident for immigrant law purposes, you may be a resident alien for tax law purposes.

        • If you are a non-resident alien for tax purposes, complete Form 1040NR or Form 1040NR-EZ at the end of the tax year in order to possibly receive any refund.

        • If you are a resident alien for tax purposes, complete Form 1040 as you would have in the U.S.

        • Failing to file your appropriate tax forms may result in civil and criminal penalties which may disqualify you from ever immigrating to the U.S. again.

      • Moving Property to Mexico

        • “Menaje de casa” is a list of items to be imported into Mexico, specifically. Mexican Customs is very strict and has their own requirements for moving your household goods into the country. For example, you cannot label a box with your kitchenware “Cutlery,” you would have to be specific by saying “10 forks and 5 spoons.” For electronics, the model number has to be written next to the product description. 

        • For a list of what can be imported, visit your local Mexican consulate or visit the official Mexican consulate website for more details.

      • Assets of Minor Children

        • If your child(ren) holds property in their name as a U.S. citizen, the deportation of their parents could disrupt their possession. 

        • Be sure to reference local and state laws to see what age they qualify to own specific types of property such as bank accounts and cars.

        • Creating a guardianship would allow the guardian to take control of the assets until the child is of age.

        • Depending on your state, the Uniform Transfers to Minors Act would also allow another adult to be the custodian for your child’s property until they reach the age specified by your state. Generally, the form would having the following language: 

“I, _____, hereby transfer to _____(name of adult custodian), as custodian for __________ (name of child) [until age ___] under the [state] Uniform Transfers to Minors Act, the following: _____(describe your gift).

If ____ (name of adult custodian) is not able to serve as custodian, I appoint ______ (name of alternate adult custodian) to serve in their place.”

  • “Emancipation” statutes for minors over a certain age in most states would allow them to petition the court to legally be treated as an adult. This means the minor would be allowed to fully own all property in their name and enter into legally-binding contracts. In order to be emancipated, the minor would need to show they are capable to handle their own financial and health-related affairs.