What Happens to Children if ICE Arrests a Parent? What You Need to Know
- Santiago Legal LLC
- 2 days ago
- 3 min read
When ICE detains a parent, one of the first questions a family faces is: what happens to the children? This situation creates uncertainty, fear, and a sense of urgency. Knowing your legal options in advance can make a significant difference in protecting your children and making informed decisions.
What Happens When ICE Detains a Person?
When Immigration and Customs Enforcement (ICE) detains someone for immigration reasons, they typically transfer them to a detention center while their case is reviewed within the immigration system. At that time, many families don't know where their loved one is or how to obtain information about their situation.
To facilitate this search, ICE has the Online Detainee Locator System, a public online system that allows you to locate detained people using their name or immigration registration number (A-Number).
Remember: Silence is a fundamental right. You have the right not to answer ICE questions without a lawyer present.
What Happens to Children During Immigration Detention?
When a parent is detained by ICE, minor children may be temporarily placed in the care of the other parent, a close relative, or a trusted adult. If a person has already been identified to care for the children, the transition is usually easier while the family manages the situation.
In many cases, the detained person may try to contact a family member or lawyer to coordinate childcare. There are also organizations and directories such as the American Immigration Lawyers Association (AILA) and the National Immigration Legal Services Directory that can connect you with legal support.
Who Can Take Care of the Children if There Is No Adult Available?
If no adult is available to care for the children, child protection authorities may intervene to ensure their safety. This is one of the most important reasons why many legal organizations recommend having a family plan in place before an arrest occurs.
Remember: Silence is a fundamental right and your best defense in these critical moments. Learn about phone consultations regarding ICE detention in Minnesota.
Legal Options to Protect Your Children Before an Arrest
Preparing in advance is the best way to protect your children. Below are the most common options mentioned by organizations such as the Immigrant Legal Resource Center (ILRC) and the National Immigration Law Center (NILC) :
1. Verbal Agreement with a Trusted Caregiver
A trusted family member or friend can temporarily care for the child through a verbal agreement. While this is the quickest option, it can lead to complications in medical or school situations that require formal authorization.
2. Limited Authorization or Notarial Power of Attorney for Minors
This document allows a trusted adult to make medical, educational, or other decisions on behalf of a minor for a specified period. It is a useful and relatively simple tool to manage with legal support.
3. Legal Guardianship or Delegation of Parental Authority (DOPA in Minnesota)
Legal guardianship is a formal arrangement where a court appoints someone to care for a child. In Minnesota , there is also the Delegation of Parental Authority (DOPA) , a tool that allows parents to temporarily authorize another person to make decisions about their child without court intervention. Available options may vary by state, so it is important to consult with a local attorney.
How Can an Immigration Lawyer Help You?
Facing the detention of a family member for immigration reasons is a difficult situation, especially when there are children involved. Speaking with an immigration attorney can help you:
Understanding what documents to prepare to protect your children.
Know the legal tools available in your state.
Make informed decisions before an arrest occurs.
Knowing your rights if ICE has already detained a family member.
The team at Santiago Legal LLC works with immigrant families to provide legal guidance and support through complex immigration situations. If you have questions about how to protect your family, contact us for a consultation .
This article is for informational purposes only and does not constitute legal advice.
Resources for Immigrant Families in Detention Situations
ICE Online Detainee Locator — Locate a person detained by ICE.
ILRC Family Preparedness Plan — A step-by-step guide to preparing your family.
AILA – Immigration Lawyer Directory — Find a specialized lawyer near you.
National Immigration Legal Services Directory — Nonprofit organizations that provide legal help.
DOPA – Minnesota Courts — Official information on the Delegation of Parental Authority in Minnesota.
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