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Emergency Planning

The Delaware Office of New Americans provides this Emergency Planning Guide to help you formulate an emergency plan in the event of an ICE arrest, detention, or threat of deportation.

Please consult with an immigration attorney for further guidance.

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Checklist

• Identify an attorney or Accredited Representative who will help you in the event of an emergency. Be sure to speak with them directly. Do not simply write down their phone number without confirming that they will be available and able to help you when needed.
• Obtain a legal screening from an attorney or Accredited Representative to determine whether you qualify for any type of immigration status.
• Register with your local consulate.
• Register and build a relationship with your local church, parish, or other religious or community organization.
• Create a family plan so everyone knows what to do if a family member is arrested, detained, or goes missing.
  • Decide who will be called and in what order.
  • In some states, individuals are legally required to provide their name to law enforcement. Find out whether this rule applies where you live and decide in advance how you will respond if asked for your name. Be aware that refusing to give your name may lead to arrest or detention and could make it difficult or impossible for your family to locate you while in policy custody or detention. Speak with your legal representative for advice based on your specific situation.
• Make copies of all immigration-related and other important documents for every family member and store them in a safe place. Make sure that a trusted family member, friend, or community member who does not live with you knows where these documents are kept. You may also consider giving this trusted person a copy of the documents.
  • Examples of important documents to copy include:
    • Work authorization documents.
    • Identification cards.
    • Passports.
    • Social Security cards.
    • Immigration documents, such as receipt notices for pending cases and approval notices for previously filed cases.
    • Birth certificates with English translations.
    • Marriage certifications with English translations.
    • Documents related to any criminal arrests or cases.
    • Names and contact information for any attorneys who have previously represented you.
    • Other important records, such as lists of medications family members take or known health conditions.
• Choose someone to take care of your children in an emergency and give them important information, like any medications your children need. Talk to an attorney to see if you should sign legal documents, like a power of attorney, to make sure your children are properly card for in an emergency. Make sure children born in the United States have passports.
• Talk with an attorney about signing a power of attorney. This legal document lets someone you trust make decisions about your finances, children, and other important matters if you are ever detained or deported.
• Save money for rent, food, medications, and other essential needs in case you are detained. Speak with your attorney or employer about signing a document that lets a family member collect your paycheck if you are detained. If you have money in a bank account, decide whether a trusted person should be able to access it if you are detained.
• Gather documents for potential release from detention on bond detention. Whether someone qualifies for release under bond is determined on a case-by-case basis and is not guaranteed. Regardless, it’s important to have some of the required documents ready in advance to save time if you are ever detained. Make sure that the trusted person you choose (spouse, family member, or friend) know where to keep these documents as well. Remember, these are only some of the documents needed for bond requests. The trusted person you assign will be responsible for collecting the rest.
  • Collect and safely store the following documents:
    • Proof of time living in the United States: Gather documents that show your name and date for the years you have lived in the country. Include as many years as possible, not just the last year or two. Examples include rent receipts, utility bills, and your children’s birth certificates with your name on them.
    • Proof of property ownership in the United States: Make copies of deeds, car titles, or any other property you own.
    • Photos of you and your family. These help show ties to your community.
    • Proof of employment: Collect recent paystubs to demonstrate financial ties in the country.
    • Criminal history, if applicable: If you have ever been arrested or convicted, write a personal letter explaining what happened and how you have changed. Include supporting documents.
• Arrange for a relative, friend, or community member to pay a bond for you if you are detained. This person must be a U.S. citizen or Lawful Permanent Resident (green card holder). A judge sets the bond amount, and it can vary for each case.
• Review this guide and your emergency plan with your entire family, including children who are old enough to understand. Review this guide and your emergency plan every 6-12 months and update them as needed.
• Make sure everyone in your family knows their rights. Consider practicing exactly what to say and do if you have contact with law enforcement, including police officers, sheriffs, ICE, CBP, HSI, or ERO.

When someone is in ICE detention or police custody

The following are questions you should ask if a loved one calls you from detention or police custody:

• Where are you?
• Do you need medical attention?
• What law enforcement agency arrested or detained you?
• What is the largest city or town near you?
• What papers have you been given and what do the papers say?
• Have you signed any papers you have been given?
• Do you have a court date or hearing scheduled?
• Have you spoken with your attorney or accredited representative?
• Are there any important documents you have collected at home or in a safe place that I should be aware of?
• Do I need to get in touch with anyone to assist with your children?