A growing number of undocumented migrants in the United States are formally granting legal guardianship of their children to trusted allies, as fears of detention and deportation intensify. The arrangements are meant to ensure that children are not left abandoned or forced into foster care if their parents are suddenly removed from the country.
Under these agreements, parents sign documents giving another adult power of attorney to act on their behalf in schools, hospitals and courts, while still retaining parental custody rights. Lawyers and advocacy groups say interest in guardianship and emergency planning has grown sharply as immigration enforcement has tightened and legal migration options have narrowed.
One 32 year old Guatemalan mother in Miami said she decided to appoint a legal guardian because she fears never returning home from work one day if she is detained by immigration officers. She explained that her young son becomes distressed whenever his father comes home late, and she does not want her children left alone without a responsible adult.
To protect her family, she granted guardianship of her children to Nora Sandigo, a Nicaraguan born US citizen who runs a foundation supporting migrant families. Sandigo’s organisation has become a last resort for many undocumented parents who feel they have no other safety net.
Sandigo is currently the legal guardian of almost 350 US born children of migrants and 137 children born outside the country, and has taken responsibility for more than 2,000 minors over the past 15 years. Some of these children have lived with her and her daughters for months or years after their parents were deported.
She said she receives calls every day from desperate parents asking her to become their children’s guardian, and that the number of requests has risen sharply in recent months. While she loves helping children, she described the situation as “horrifying” and said she wishes guardianship did not have to be used under such circumstances.
Legal aid groups in states such as Colorado report similar trends, saying more mixed status families are asking for help to prepare guardianship papers as part of emergency plans. Lawyers advise parents to choose a reliable adult who can care for their children if they are detained, warning that sudden separations can cause severe emotional trauma and long term harm.
Rights organisations also caution that guardianship is a serious legal step that can be difficult to reverse once granted. They encourage migrants to seek legal advice before signing any documents and to understand that a guardian will have significant power over decisions about a child’s daily life and contact with parents.
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