March 06, 2025
The Harsh Reality for Immigrant Parents in Texas
For many immigrant parents in Texas, the fear of deportation is a constant source of anxiety. The thought of being separated from their children, especially if they are U.S. citizens, is terrifying. What happens if Immigration and Customs Enforcement (ICE) suddenly detains you? Who will care for your children? Will the government place them in foster care? These are critical questions that too many families face daily.
At Garcia-Windsor, P.C., we have seen firsthand how families struggle with these uncertainties. The good news is that you can take steps today to protect your children’s future, ensuring they remain safe and cared for even if the worst happens. From securing dual citizenship to setting up legal guardianship, here’s what you need to know to safeguard your family.
Step 1: Secure Your Child’s Dual Citizenship—The First Layer of Protection
If your child was born in the United States, they are automatically a U.S. citizen. However, did you know that many countries, including Mexico, allow for dual nationality? This means that your child can be recognized as a citizen of both the U.S. and your home country, providing them with additional rights and protections.
Why is dual citizenship important?
It allows your child to travel freely between both countries.
They can access services and protections in your home country if needed.
It can make family reunification easier in case of deportation.
For example, Mexico’s dual nationality law allows children of Mexican nationals to obtain Mexican citizenship, even if they were born in the U.S. Parents can register their child at a Mexican consulate, which provides them with the right to live, study, and work in Mexico if necessary.
If your child qualifies for dual citizenship, do not delay the process. Visit your country’s consulate and inquire about the necessary steps to register your child.
Step 2: The Consulate Can Help—Know Your Resources
Many parents are unaware that their home country’s consulate in the U.S. can assist their children if they are left behind due to deportation. Each consulate has different policies, but in general, they can:
✅ Provide emergency assistance for children of detained or deported parents.✅ Help with documentation and legal matters.✅ Facilitate travel arrangements if the child needs to relocate.
For instance, the Mexican Consulate in Dallas works closely with legal service providers and social organizations to assist families in these situations. They may even offer free legal consultations or direct families to resources that can help secure custody arrangements for their children.
Action Step: Find out where your country’s nearest consulate is located and save their contact information. In an emergency, having this information readily available can make a huge difference.
Step 3: Grant a Trusted Person Legal Authority to Care for Your Child
One of the most devastating consequences of deportation is the possibility that a child could end up in the foster care system if no legal guardian is designated. Even if you have a trusted friend or family member who would take care of your child, without proper legal documentation, their ability to do so may be limited.
What can you do to prevent this?
A Power of Attorney (POA) allows you to legally assign a responsible adult to care for your child in your absence. This document can:
Give someone the legal right to make decisions on behalf of your child.
Allow them to enroll your child in school and make medical decisions.
Ensure your child stays with someone you trust instead of being placed in foster care.
In Texas, a properly drafted Power of Attorney for child custody is critical. It must clearly state who will care for your child and what responsibilities they will have. Without this legal document, your child’s fate could be decided by a court, which may not align with your wishes.
💡 Pro Tip: A Power of Attorney does not terminate your parental rights; it simply allows someone you trust to step in if necessary.
Take Action Now to Protect Your Family
The fear of deportation is real, but you are not powerless. Taking proactive legal steps can make all the difference in ensuring your children remain safe and cared for, no matter what happens.
✅ Apply for your child’s dual nationality.✅ Know how your country’s consulate can assist.✅ Sign a Power of Attorney to protect your child’s custody.
At Garcia-Windsor, P.C., we understand the challenges immigrant families face. As one of the few bilingual law firms in Texas, we are dedicated to helping parents create strong legal protections for their children.