Know Your Rights at Home - Family Preparedness Plan

Adela T. Iturregui
Jun 9
3 min read

The family is concerned about their rights when ICE comes around.

1. Do Not Open the Door

ICE cannot legally enter your home without a judicial warrant signed by a judge. Often, agents may show you a form like I-200 or I-205—these are administrative warrants and DO NOT give them permission to enter without your consent.

What to do:

Stay calm and do not open the door.
Ask them to slide the warrant under the door or show it through a window.
Look for:
- Judge’s signature
- Your correct name and address
- The words “United States District Court”

2. Remain Silent

You have the right to remain silent. You do not have to answer questions about your immigration status.

Say: “I choose to remain silent. I want to speak to a lawyer.”

3. Don’t Sign Anything Without Legal Counsel

ICE may ask you to sign documents that waive your rights or agree to voluntary departure. Do not sign anything until you’ve spoken to an immigration attorney.

4. Don’t Give False Information or Documents

Lying or giving fake documents can make things worse. Always be truthful, but remember, you don’t have to say anything at all.

5. Record the Encounter (If Safe)

If you or a family member can safely record or take notes, do it. This helps create a record of what happened. In the State of Georgia, it is permissible to record a conversation so long as one of the person’s speaking is aware it is being recorded (i.e. you are speaking and you are aware of the recording).

Family Preparedness Plan Checklist

In case of detention, a family plan ensures your loved ones are cared for. Print this and keep it handy:

Emergency contact list
Authorization letters for school/medical decisions
Passwords and important account info
Copies of passports, IDs, and legal papers
Trusted person who can access documents/funds
Temporary guardianship for your children (notarized)
Employer contact information
Immigration attorney contact info
Extra cash/emergency fund access

How Estate Planning Protects You

Estate planning isn’t just about wealth; it’s about protecting your loved ones when life takes an unexpected turn.

Legal Tools That Help in Immigration-Related Emergencies:

Temporary Guardianship Designations
- Appoint someone to care for your children legally if you're detained.
Durable Power of Attorney
- Allows a trusted person to manage your finances, business, or real estate.
Healthcare Directive
- Names someone to make medical decisions on your behalf.
Trust
- Allows trusted person to manage your finances, business, or real estate AND gives them instructions on how to do so.
HIPAA Authorization
- Gives someone access to your medical information.

These documents ensure your family can step in without delay, confusion, or court battles.

One of our clients, a father of three and a business owner, was detained unexpectedly. But because he had signed legal powers, named a guardian, and shared his plan with his family, his wife could access their bank accounts, keep the business running, and ensure the kids stayed safe. Planning ahead made all the difference.

At ABC Estate and Legacy Planning, we understand the unique challenges faced by immigrant families. We are committed to helping you protect what matters most: your loved ones, your legacy, and your peace of mind.

Need help creating your plan?