Fear can confuse, alarm and paralyze. Those are all normal reactions to a perceived threat. For many immigrant families in Philadelphia, the anxiety about a possible second Trump Administration has deepened and solidified since his return to power.
Within a few hours of being sworn in on January 20, Trump fulfilled several campaign promises by signing a series of anti-immigration executive orders and proclamations. Together, they moved the country toward his goal of mass deportations and significantly reducing access to many pathways to legal immigration.
In two months, the Northeast Philadelphia immigrant community has witnessed two raids by U.S. Immigration and Customs Enforcement (ICE): one on Jan. 28 at Complete Autowash in the Juniata neighborhood, and the second on Feb. 27 at Jumbo Meat Market in the Rhawnhurst neighborhood.
Those raids have left many in the immigrant community deeply unsettled and afraid.
“Trump promotes hatred, promotes fear, and uses anti-immigrant rhetoric in a way that weakens our sense of security. And when we feel that way, we obviously start considering, ‘I shouldn’t go out. I should self-deport,’ ” said Daisy Romero Chavarria, Director of Immigration Organizing at Juntos, an immigrant advocacy group based in South Philly. “When we let ourselves be driven by fear and anxiety, they weaken us — not just as individuals, but as families and, beyond that, as a community.”
Instead, grassroots immigrant organizations like Juntos and nonprofit legal aid firms are promoting a different approach for immigrant families: making a preparedness plan in case of possible arrest, detention and deportation.
What’s a family preparedness plan?
“A family preparedness plan involves having a conversation with your family,” Romero Chavarria explained. “It is a way to ensure the safety of your family and your assets, without the pressure of knowing you have no plan and that your children and property are in limbo.”
A preparedness plan can be useful for any immigrant, whether they have children in the country or not. It includes updating and organizing important documents — such as your driver’s license, passport, property titles, proof of tax payments, birth certificates, marriage licenses and immigration documents (work permit, green card, visa, etc.), among others — and keeping them in a safe place.
It also involves securing proper legal representation and having emergency contacts, people you can rely on and share the location of your important documents file with, in case of detention.
“Each case is different, each family is different, but what’s important is to have everything in order as much as possible. If you own a house here, who will take care of the payments? If you have a car, who will be responsible for the payments?” added Romero Chavarria.
In the case of families with underage children, family preparedness plans focus on ensuring the well-being and care of the kids. Such a plan can help to prepare for the possibility that one or both primary caretakers or parents may not be available to care for them.
“Some people may want to have a family preparedness plan in the event that they become unavailable for whatever reason to care for their child or children. That may be because of being detained or deported, or for some other reasons,” said Susan Pearlstein, senior attorney at Philadelphia Legal Assistance, who specializes in family law matters, including child custody, child support, protection from abuse, and divorce.
For these cases, a family plan involves writing down instructions for care of your child. Essential information includes:
- The child’s full name
- Date of birth
- Cellphone number
- Social Security Number
- Passport number
- School information
- Health details (such as allergies, medical conditions, medications)
- Doctor’s contact information
- Health insurance details
Options for child custody
One of the most important documents — or sets of documents — for parents in such a situation to include, along with instructions for the care of the child, are those that designate who will take care of them in the parents’ possible absence.
In Pennsylvania, there is no law that allows parents to designate a temporary guardian if they become unavailable for reasons such as detention or deportation.
“In Pennsylvania there is not a way to be proactive about these types of situations except for very specific situations that are covered by what’s known as Pennsylvania’s Standby Guardianship Act,” Pearlstein said. Those specific situations include when a parent is terminally ill or is entering rehab treatment.
In the case of an immigrant parent getting detained or deported, there are basically two options for formalizing who would care for a child.
- Option one, filing for custody. “Families who may be thinking, ‘Well, what if I may not be available for a certain period of time, who is going to care for my child?’ They have the option of possibly going through a court process and maybe entering into an agreement, or the other person who would be the caregiver filing for custody,” Pearlstein explained.
- Option two, assigning a caregiver. “There are several different forms that may be used to give a third party or someone else authority to care for a child other than a parent,” Pearlstein said. Signing a caregiver authorization affidavit, a caregiver acknowledgment, a medical consent authorization or a letter of consent to travel internationally are examples.
Each route has its advantages and disadvantages. Usually, court and non-court options differ in their validity and flexibility.
With a court option, parents or caregivers can be sure that the family member or caregiver will have the authority to make significant decisions on behalf of the child.
“We talk about child custody more in the circumstance of who has the authority to make medical decisions or make educational decisions for a child, which is referred to as legal custody,” Pearlstein said, “and then physical custody, referring to who has authority to have physical care and control of the child.”
In the case of disagreements, such as whether the child should travel to meet their parents if they are deported, the family member or caregiver who has custody of the child would decide whether to allow it. If the caregiver refused to return the child to the parent or enter a new custody agreement, the court would decide who should have custody.
“The disadvantage of not going through court is that some of these forms and authorizations may not be accepted by every entity. It’s not a guarantee,” Pearlstein added. A school or hospital can choose whether to accept or reject any of the signed forms.
“However, it could be more of a temporary situation. Therefore, not filing a court order, may be able to give the legal parent or the legal guardian custodian some time to figure out what to do, while allowing someone else to have authorization and then without having to officially undo that with the court,” she added.
Plus, some undocumented people may be afraid to go to court. When Billy Penn spoke with Juntos, they reported seeing an increase in undocumented immigrants being arrested during mandatory check-ins.
“They are basically being asked to verify their identity, their location. They’re called ICE check-ins, and they can happen every other month, every month. But they’re being asked to go and then they don’t come out,” said Romero Chavarria. “You have families who if they’re applying for asylum and they don’t go to their immigration court, then they’re automatically issued a deportation order. But then if they go, there’s no certainty about whether or not they will be picked up.”
Juntos reported that a community member was detained outside the courthouse during a court appointment on March 7.
Hard Conversations
ICE’s actions are impacting people’s attitudes and behaviors, said Romero Chavarria.
“I think people are already changing the way they go about their daily lives … A woman told me that now she does her shopping on the weekends. She tries not to go out during the week,” she shared. “We know that Trump uses his rhetoric not only to promote hatred, but also to mentally impact our community. When you are afraid, you forget that you have rights, you forget that you can fight your immigration case. For us, it is essential that the community always remembers that.”
Preparedness is often not easy, Romero Chavarria said. It requires taking a step back and considering what is best for everyone involved and working toward it, which can lead to challenging conversations.
“There are children here who don’t know that their parents are undocumented and could be arrested,” she said. “These are conversations that are not easy to have … But it’s something that, once you do it, you will feel much better because it gives you clarity.”
Juntos emphasizes that strengthening a community is also a form of care. “We at Juntos provide this space so the community knows they are not alone, and that if ICE comes to their door and arrests them, we will be there for them, looking out for their families,” said Romero Chavarria. “The way we can defend ourselves is by knowing our rights, having a family plan, and staying connected in the community.”
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2025-03-24 04:00:00
