Essential Legal Documents for DACA Recipients with U.S.-Citizen Children: Preparing for the Unexpected

If you're a DACA recipient living in the U.S. with U.S. citizen children, you've already built a life here, and you want to protect it, even if immigration enforcement unexpectedly knocks. While DACA provides temporary protection from deportation and work authorization, it doesn't guarantee permanence, and "accidental scoops" (e.g., traffic stops escalating to ICE involvement) remain a real risk for some. The good news: You can take concrete steps today to ensure your children are cared for, and your wishes are honored if you're detained or removed. These aren't immigration fixes; they're family protection tools that work under U.S. law regardless of your status. Think of it as "parenting insurance" for worst-case scenarios. 

Below is a straightforward checklist of the most important documents, why they matter, and how to obtain them, based on best practices from organizations such as the Immigrant Legal Resource Center (ILRC), the American Immigration Council, and family law experts. 

1.  Power of Attorney for Child Care (Most Critical)

• What It Is: A notarized document naming a trusted person (e.g., relative or close friend) as temporary guardian for your children if you're unavailable.  You CAN nominate a DACA recipient or even a non-citizen, but in the succession of agents, at least one or two should be U.S. citizens with firm residence.
• Why You Need It: Allows the designee to make decisions about school, medical care, and daily needs, preventing children from entering foster care. Without it, authorities may place kids with Child Protective Services during detention.
• How to Get It: Call an elderlaw attorney.  While these should be incorporated in a comprehensive estate plan, possibly deploying a trust for asset management, free templates from ILRC (ilrc.org/family-preparedness-plan) or state-specific forms (e.g., California, Texas, New York have standardized ones).  Make sure that these are signed and properly notarized.  
• Bonus: Include a "Caregiver's Authorization Affidavit" for school/medical consent without full guardianship.

2. Temporary Nomination of Guardianship Designation or Consent to Guardianship

• What It Is: A letter or form consenting to a specific person as guardian if you're removed long-term.  You can obtain these from an attorney.  
• Why You Need It: Guides courts toward your choice—courts prioritize parental intent, even for non-citizens.
• How to Get It: Use ILRC's "Family Preparedness Plan" template; consult a family law attorney for state-specific enforceability.    If you can't find one, email our office (chris@donohew,com).  We will email you a short form at no cost. 

3.  Child's Important Documents Packet

• What it Is: Gather in one waterproof folder or  Ziploc bag (physical plus a digital copy with a trusted person):

• Birth Certificates (for all children; it proves U.S. citizenship).
• Your DACA Documents: Work permit, approval notices, passport.
• Medical Records/Insurance Cards. These may be copied, but simply providing instructions for retrieval from a Dropbox or another digital storage will suffice.  Consider LegalVault. 
• School Records: Enrollment forms, immunization records.
• Your Contact Info: Immigration attorney, family abroad, trusted U.S. contacts, including your lawyer, if you have one.

• Why: If detained, this packet lets your designee enroll kids in school or access benefits without delays.

• Educate Your Children:  If your children are old enough, educate them regarding the importance of this packet, and that they should keep and maintain it in a backpack, purse, fanny pack, or other personal container.  If they are older, keep and maintain a digital copy in a secure Dropbox or another storage option for quick access if they are lost or stolen.  KEEP IN MIND THAT KEEPING THESE ONLY ON A PHONE MEANS THAT THE CHILD MUST SACRIFICE RECORDING FROM THE DEVICE, AND CHILDREN AT A CERTAIN AGE SHOULD BE EDUCATED REGARDING THEIR RIGHTS TO RECORD ENCOUNTERS FOR THEIR SAFETY AND THE SAFETY OF OTHERS.  

4. Letter of Intent and Family Instructions (Advance Directives)

• What It Is: A non-legal but persuasive letter detailing your wishes, e.g., "If I'm removed, my sister Mary should care for my children; they should stay in their current school."  A Nomination of Guardian for Minor Children with Statement of Intentions will suffice in most jurisdictions.
• Why: Courts consider parental intent heavily in guardianship hearings.

5. Financial Access Plan

• Joint Bank Account: Add a trusted U.S. citizen as a joint owner (not just an authorized user)—they have access to funds immediately.
• Life Insurance/529 Plans: Name U.S. citizen beneficiaries for kids' education.
• Avoid: Don't put assets solely in children's names, as it complicates taxes/Medicaid.

6. Immigration-Specific Preparations

• Know Your Rights Card: From ACLU/ILRC; print and carry.
• Emergency Plan: Memorize attorney's number; pre-pay for bond if possible.
• Family Safety Plan: Designate "red flag" contacts if ICE appears.

Why This Matters More Than Ever in 2025
With shifting enforcement priorities, DACA recipients face uncertainty; over 600,000 remain protected, but local encounters can escalate. These documents don't prevent detention, but they help avoid family chaos and separation, keeping children with people you trust, not strangers.Quick Action Steps

1. Download ILRC Family Preparedness Plan (free, ilrc.org).  It is THE best one-stop resource.
2. Notarize Everything: Your bank and insurance agent will usually notarize for free.  So will some churches and legal aid offices. Otherwise, there is a nominal cost at shipping centers or law offices.  
3. Store Copies: With designee, attorney, and digitally (encrypted).

You're doing the right thing by planning; it's the ultimate act of love. While this checklist is comprehensive for 2025, laws vary. Consult an immigration/family law attorney for your state. Your family's future is worth it.