1 PROTECTING ASSETS & CHILD CUSTODY IN THE FACE OF DEPORTATION (2017) | www.appleseednetwork.org Copyright © 2017 Appleseed. Reprinted with permission. Appleseed grants permission to reprint this manual without alteration but with attribution to Appleseed. This permission applies to this and all subsequent editions, revisions, versions, derivative works, translations, ancillaries, adaptations, supplementary materials, and custom editions; all languages; all formats and media now known or hereafter developed; worldwide distribution in perpetuity. For more information visit Appleseed at www.appleseednetwork.org. www.appleseednetwork.org| PROTECTING ASSETS & CHILD CUSTODY IN THE FACE OF DEPORTATION (2017) 3 PROTECTING ASSETS & CHILD CUSTODY IN THE FACE OF DEPORTATION 2017 EDITION Bert Brandenburg, President, Appleseed Editors: Annette LoVoi, Richard Carmody, Karyn A. Cassella Contributors: Maureen Alger, Jessica M. Anthony, Iker I. Arriola, Ana Biegelsen, Andrea Bromfeld, Tomás Casado-Frankel, M.A., LMFT, Anna Chase, Max Colice, Lindsey Demaree, Juan Arturo Duenas R., Christine Doelling, Joseph Drapalski, Jeffrey Enquist, Lillian Forero, Tamisha James, Cecilia Friedman Levin, Sharon Farmer, Heather Horrocks, Mattie F. Hutton, Katie Leesman, Nicole Lieberman, Juan-Ignacio Lopez- Dominguez, Louis O’Neill, Maria Nardone, Ph.D, Alejandra Parra, Gail Pendleton, Eric Quiles Guitierrez, Ismael Reyes Retana, David K. Roberts, Tom Rosso, Carlos Ruis de Velasco de la Torre, Jeremy Sairsingh, Mary Gay Scanlon, Kathleen Scott, Eva N. Schlom, Monique Sherman, Brian Slagle, Timothy Stengel, Heike Sullivan, Annie Tsai, Kelley Tubman Hardy, Shanellah Verna, Marjorie Wagman, Elizabeth S. Walden PROTECTING ASSETS & CHILD CUSTODY IN THE FACE OF DEPORTATION (2017) | www.appleseednetwork.org 4 ACKNOWLEDGEMENTS Appleseed wishes to extend our thanks and gratitude to the dozens of lawyers, administrative staff, foundation staff, immigration and mental health experts, advocates and others who reviewed this manual and provided edits, feedback, suggestions and support. Without their help, this publication simply would not have been possible. Contributors to each chapter are noted below, but we would like to specifically thank Richard Carmody and Anna Davis at Adams & Reese for their extensive research and editing support and Kelsey Snapp for providing a valuable legal aid perspective on this work. Finally, we want to thank our staff and partners for their outstanding contributions to this work: Annette LoVoi for taking on the daunting task of managing and coordinating all content for the manual; Karyn A. Cassella for editing and formatting the entire manual as well as managing our website and social media presence; Elisa Ortiz for reaching out to dozens of organizations to let them know about the manual and managing the translation process; and Maru Cortazar of Mexico Appleseed who translated and/or reviewed the entire Spanish version of the manual and worked directly with the Mexican government to ensure that the manual was a relevant and as useful as possible. This project was made possible in part through the generous support of the Ford Foundation and the Annie E. Casey Foundation. Lastly, we thank DLA Piper LLP for printing and binding print copies of the manual for our official release event. 1: CHILD CUSTODY M. Anthony, Jeffrey Enquist, Annie Tsai, Ballard Spahr LLP: pro bono counsel, Heather Horrocks and Katie Leesman. Mary Gay Scanlon, and attorneys Spanish Translation: Amalia Dolores Shannon Farmer, Katie Leesman, Garcia Medina, Mexico City Secretary of Lindsey Demaree, Jeremy Sairsingh, Labor and Directum Translations Shanellah Verna and Heather Horrocks. Spanish Translation: Amalia Dolores 4: PSYCHOLOGICAL ASPECTS OF Garcia Medina, Mexico City Secretary of DEPORTATION AND CHILD Labor and Directum Translations CUSTODY The William Alanson White Institute 2: ASSETS AND BENEFITS OF MINOR Center for Public Mental Health: pro CHILDREN bono authors, Tomás Casado-Frankel, Ballard Spahr LLP: pro bono counsel, M.A., LMFT, and Maria Nardone, Ph.D. Mary Gay Scanlon, and attorneys Jessica The Institute also provided Spanish M. Anthony, Heike Sullivan, Brian Translation. Slagle, Timothy Stengel and Katie Leesman. Spanish Translation: Amalia 5: SPECIAL CONSIDERATIONS FOR Dolores Garcia Medina, Mexico City SURVIVORS OF DOMESTIC VIOLENCE Secretary of Labor and Directum AND SEXUAL ASSAULT Translations ASISTA: Cecelia Friedman Levin and Gail Pendleton,Asian Pacific Institute on 3: PUBLIC SCHOOL NOTIFICATIONS Gender-based Violence (API-GBV): TO PARENTS AND CHILDREN Grace Huang Ballard Spahr LLP: pro bono counsel, Mary Gay Scanlon, and attorneys Jessica www.appleseednetwork.org| PROTECTING ASSETS & CHILD CUSTODY IN THE FACE OF DEPORTATION (2017) 5 6: MANAGING, ACCESSING AND CLOSING A BANK ACCOUNT 14: ENDING A RESIDENTIAL LEASE Cooley LLP: Christine Doelling and Cooley LLP: Christine Doelling and Tanisha James. Spanish Translation: Tanisha James. Spanish Translation: Directum Translations BGBG Abogados in Mexico 7: CREDIT CARD, PREPAID AND DEBIT CARDS 15: HANDLING VALUABLES Cooley LLP: Max Colice and Tanisha Cooley LLP: Anna Chase and Tanisha James. Spanish Translation: Directum James. Spanish Translation: BGBG Translations Abogados in Mexico 16: TAKING CASH ACROSS THE 8: MANAGING OUTSTANDING BORDER SHORT-TERM SERVICE CONTRACTS Norton Rose Fulbright LLP: Anna AND RELATED BILLS Biegelsen, Joseph Drapalski, Lillian Cooley LLP: Andrea Bromfeld and Forero and Kathleen Scott. Spanish Tanisha James. Spanish Translation: Translation: Lillian Forero Directum Translations 17: REMITTANCE PROTECTIONS 9: PAYDAY AND OTHER SHORT Norton Rose Fulbright LLP: Kathleen TERM LOANS Scott and Joseph Drapalski. Cooley LLP: Tanisha James and Marjorie Spanish Translation: Lillian Forero Wagman. Spanish Translation: Xochitl Osguera, MomsRising/MamasConPoder 18: COLLECTING UNPAID WAGES Hogan Lovells LLP: Kelly Tubman 10: INSURANCE Hardy and Alejandra Parra. Spanish Cooley LLP: Maureen Alger, Anna Translation: Hogan Lovells LLP Chase, Tanisha James and Monique Sherman, and White & Case: Iker I. 19: SOCIAL SECURITY Arriola, Ismael Reyes Retana, Louis White & Case LLP: Iker I. Arriola, Ismael OʹNeill, Eric Quiles Gutierrez, Juan- Reyes Retana, Louis OʹNeill, Eric Quiles Ignacio Lopez-Dominguez and Carlos Gutierrez, Juan-Ignacio Lopez- Ruiz de Velasco de la Torre Dominguez, Nicole Lieberman and Spanish Translation: White & Case Carlos Ruiz de Velasco de la Torre. Spanish Translation: White & Case LLP 11: POWER OF ATTORNEY O’Melveny & Myers LLP: Mattie F. 20: VETERANS BENEFITS Hutton, David K. Roberts, Tom Rosso, Adams & Reese LLP: Richard Carmody, and Evan N. Schlom. Spanish White & Case LLP: Iker I. Arriola, Ismael Translation: Directum Translations 21: DISSOLVING AND SELLING A 12: SELLING A RESIDENTIAL BUSINESS PROPERTY Cooley LLP: Christine Doelling and Cooley LLP: Andrea Bromfeld and Tanisha James. Tanisha James. Spanish Translation: BGBG Abogados in Mexico 22: FILING TAXES Hogan Lovells LLP: Kelly Tubman 13: SELLING A CAR AND Hardy, Elizabeth S. Walden Spanish TERMINATING A CAR LEASE Translation: Hogan Lovells LLP Cooley LLP: Max Colice and Tanisha James. Spanish Translation: BGBG Abogados in Mexico PROTECTING ASSETS & CHILD CUSTODY IN THE FACE OF DEPORTATION (2017) | www.appleseednetwork.org 6 INTRODUCTION Dear Friends, Can you imagine being abruptly ejected from the United States — and leaving behind your home, your children, your job, your bank account, and everything else you’ve spent years to build? Can you imagine what your children would feel when they arrived home and you’re gone? Deportation can be a cataclysm for families and communities, destroying decades of hard-earned assets and rupturing family development. But with advanced planning, immigrant families can prevent an enormous amount of this damage. That’s why Appleseed is proud to present an updated version of its 2012 Manual, “Protecting Assets and Child Custody in the Face of Deportation.” This one-of-a-kind resource is designed for immigrants and those who work with them; the host of attorneys, nurses, social workers, religious workers who are stepping up in challenging times. Appleseed’s Manual will help families develop plans in advance to deal with critical financial and family issues in the event of deportation, arrest, and other family emergencies. It will help immigrant families deal with child custody and related children’s issues, personal finances, assets and personal property, remittance payments, wages and benefits, business issues, and taxes. And it includes special guidance for family and children’s issues, including professional advice for parents to help their families deal with painful psychological issues, and for immigrant survivors of domestic violence and sexual assault. Make no mistake: for vulnerable immigrant families, advance planning can make all the difference. Once an immigrant is detained or deported from the United States, navigating a legal proceeding or managing assets is much more difficult, or even impossible, especially since immigration laws bar immigrants from reentering the United States after deportation for several years. We are grateful to our pro bono law firms, volunteer psychologists, translation companies, and more than 20 nonprofit partners across the country who wrote, researched, proofread, and translated this manual into Spanish. We could simply not have done it without you. Thank you so much to Adams and Reese LLP, the Asian Pacific Institute on Gender- based Violence,