Resources

Power of Attorney to Protect Children of Immigrants

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Carmen Cornejo
Written by Carmen Cornejo

The executive orders and memorandums that have come out of the Trump administration are causing uneasiness and even panic in many immigrant communities, even though the vast majority of individuals have no criminal past and are only men and women who work hard to provide for their families. The expansion of the “deportable” categories are causing this crisis in our communities. To help prepare immigrants for any eventuality, we have contacted lawyer Marcos Garcia Acosta seeking guide on documents that can help immigrants and their families.

He writes:

“If you run the risk of being detained or deported by immigration authorities, you must take proactive actions to ensure that your family is safe, especially your minor children, at all times.

This involves having relevant documents for your family in a place if the immigration authorities detain you and/or the time of departure arrives.

If you are detained, someone has to take care of your minor children.

Prepare in advance a power of attorney granting permission to an individual or individuals in the United States to pick up children from school, take them to the doctor, hospital, and probably get them out of the country. It can include several people, in case someone cannot fulfill these functions. Make sure people selected know where to find these relevant documents. ”

The business attorney indicates that all parents regardless of their immigration status must have notarial powers to protect their children, as it would be to face a medical emergency or accident.

The power of attorney document must be signed in front of an American notary public. (Remember that the concept of Notary Public is very different in the United States than in Mexico).

Follow this link to obtain a power of attorney from the state of New Mexico that can be useful to ensure that your wishes are met if you become separated from your family. Each state has specific forms, but in general, they contain the same information.

Consult with an attorney if you have questions, or you want to make a document “tailor made” or with particular specifications.

Good luck!