Fearing ICE raids, California families prepare for if a loved one is detained

FRESNO, Calif. — As ICE raids continue across the state, families in Central California are bracing for the possibility that an undocumented loved one could be detained and eventually deported.

Instead of figuring things out as they happen, some families are preparing in advance by making a plan for who to call if they’re detained and who will take care of their children.

“There’s a lot of uncertainty about what could happen, so I try to avoid going out for things like medical appointments or grocery store runs. But my husband, who’s a citizen, and I do have a plan in place in case something happens to me and I’m detained,” said Fresno resident Galvia Juarez. “My husband and older kids have my lawyer’s phone number saved in their phones, so they know who to call, and we’ve also been talking to my in-laws about the possibility of them taking care of our kids if it comes to that.”

Juarez is currently going through the immigration process to obtain legal status. She has four children — a 1-year-old son and three daughters ages 4, 13 and 17 — and says that, since her husband is the one who works to support the family, her in-laws are in a better position to take care of the kids.

If she were to be deported to Oaxaca, Mexico, where she’s originally from, Juarez said she’d want her kids to keep living in the U.S.

“My children are citizens, and they deserve the chance to build a life here. Leaving (for Mexico) would mean starting over from zero, and it would be really hard for them. They wouldn’t have the same opportunities,” she said. “I would give my husband full custody of our kids.”

Juarez’s lawyer has reassured her that she has a strong immigration case. Still, Juarez said she remains concerned that something could happen to her, given recent ICE raids and rumors of ICE agents visiting the mobile home park where she lives.

“I don’t feel safe or at peace to live my normal life,” Juarez said. “I feel frustrated, like I’m already a prisoner. Immigration has all of my information so if they wanted to come for me, they could. I always tell my husband that we can’t trust that I’ll just be OK.”

Juarez has been having ongoing conversations with her two older kids about the possibility of her being detained.

“My 13-year-old daughter always asks me, ‘What happens if you don’t get the immigration authorization to be here?’ or ‘What can I do to make it happen faster?’” Juarez said. “I tell her, ‘My love, you’re still young, and right now there’s nothing you can do. Your dad is already doing his best to help me.’”

That said, Juarez added that what’s been helpful is having people from the Binational Center for the Development of Oaxacan Indigenous Communities in Fresno come to her mobile home park to hold a Know Your Rights workshop.

Minju Cho, a senior staff attorney at ACLU NorCal, said people who fear being detained are being placed in a situation where they feel compelled to plan for the worst-case scenario.

”People are being subjected to this deceptive, unfair, confusing changing of the rules, where they’re being detained without notice, they are facing a situation where they have to do this contingency planning on who will take care of my children if I’m arrested without notice,” Cho said.

Cho added that it’s important for people like Juarez to know they still have rights in immigration court if they’re detained.

“They can and they should oppose having their case dismissed. They should request a chance to appeal. They should express fear of returning to their home country if they have that fear, and they also have the right to be represented by an attorney.”

Armida Mendoza is an immigration lawyer in the Fresno area who’s been working with the Valley Watch Rapid Response Network to offer legal support.She says many of her clients are in the same position as Juarez, and she’s advising all of them to create a family plan in case a loved one is detained.

Despite being a citizen, Mendoza also has a plan for her own family in the case that she’s detained. Mendoza said her fear of being detained grew after ICE agents detained a U.S. citizen and military veteran in Camarillo for three days

“At this point, I’m advising all of my clients to make sure they have a family preparedness plan,” Mendoza said. “When someone is detained, it can be really hard for their family to reach them because, in many cases, they’re not allowed to make phone calls. It’s almost like they disappear until they’re either processed or taken to a detention facility.”

Valeria Solorio, consul for protection and legal affairs at the Consulate of Mexico in Fresno, said there are several steps families can take. For example, parents can go to the Consulate to transfer their Mexican nationality to their children in case they need to return to Mexico with them.

Families should also gather all important documents and keep them in a secure place, have open conversations with relatives about the plan to ensure everyone is informed, and retain an attorney.

Solorio said parents can designate a caregiver by providing an authorization, such as a caregiver’s affidavit, or by working with an attorney who specializes in family matters to begin a custody process.

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