|
Getting your Trinity Audio player ready...
|
It’s been nine years since Pedro Colaj Moreno has seen his family. When he left Guatemala in 2017, he brought only his eldest daughter to the U.S., leaving behind two other children. Now he’s returning to his home country, while his 17-year-old daughter and her six-month-old son stay in the U.S.
He came to this country in search of a better life for his family, even if it meant being apart from them. Moreno would not anticipate that in 2024, his mother would suddenly pass away. He was forced to mourn from afar. He had to think about his daughter, who was in the process of getting a green card.
But earlier this year, his 95-year-old father became ill. With the past in mind, Moreno was clear on what he’d do now.
“I made a decision to see my father while he’s still alive,” he said.
It wasn’t an easy choice. By leaving the U.S., he is forfeiting his application for status.
“I’m worried. There are days I don’t eat well, days I don’t feel well, but there’s nothing I can do about it,” he said.
Before Moreno left in late February, he made plans to protect his daughter’s future. He arranged for his brother, who has legal status in the U.S., to become his daughter’s guardian until she turns 18.
He found help at the Immigrants’ Assistance Center (IAC), which provided him with the Family Emergency Preparedness Plan, a guide designed to help families organize in the event of a parent’s absence. (The center also offers a guide in Spanish.)
Whether a parent is leaving the U.S. or fears deportation, preparing an emergency plan will benefit the family, says Helena DaSilva, president of the IAC. One pressing precautionary measure is granting temporary guardianship of children who stay to an adult with legal status who will remain in the country.
U.S. Census data from 2024 estimates that 20% of New Bedford’s population is foreign-born, including naturalized and undocumented residents. The Light confirmed that in 2025, more than 60 people were detained and 12 people were deported in the New Bedford area. Among them, the IAC estimates that 80%-85% have children.
Sometimes immigrant families have mixed status: they’re composed of undocumented parents and children who, by birth or application, have citizenship. Other times, all family members are undocumented. For many immigrant families, finding an eligible caregiver with status is the biggest hurdle in preparing.
Still, if one or both parents are at risk for deportation, finding a guardian is the best measure a family can take, advocates say.
Assigning a guardian isn’t a need exclusive to younger children; often, minors who stay in the U.S. are older teens and are still required to have a legal guardian in the country. Moreno’s 17-year-old daughter has a legal caregiver. But DaSilva noted that parents rarely grant temporary guardianship of their older teens, believing it’s unnecessary since they are close to adulthood. She tells undocumented or departing parents that it’s essential for minors of any age to have a guardian.
Gina Monaghan, director of the IAC’s Immigrant Youth Program, explained that without an assigned caregiver, minors with no status are at risk for deportation, as the Department of Homeland Security (DHS) will have been alerted to their presence through their parents’ deportation. Minors with citizenship could be left in the care of the state.
Parents can grant temporary guardianship by filing a Caregiver Authorization Affidavit, which authorizes the guardians to exercise the rights and responsibilities around the child’s education and health care.
“This document is a safeguard for parents’ authority and makes sure their children aren’t left without any adults responsible for them,” said Bismarelis Inoa, senior program specialist at the Community Economic Development Center (CEDC) of New Bedford.
There’s a common myth among parents that signing the document grants complete and permanent guardianship, Inoa said. In reality, the affidavit is valid for a maximum of two years, and the parent can revoke it. The document also includes a section where parents can specify any actions they do not permit the temporary guardian to perform.
With an affidavit in place, an appointed adult can help arrange for the children to fly to their native country if the parents are deported, Monaghan said. This means that parents must properly prepare for an emergency and leave their children’s passports and important documents with the temporary caregiver. “Otherwise the child isn’t going anywhere,” she said. “And to get a passport here or anywhere without a parent’s signature is almost impossible.”
Once parents are ready to sign an affidavit, Monaghan or another advocate walks them through the validation process. The affidavit includes authorization by the parents and the temporary caregiver’s acknowledgment of the affidavit. Two other adults need to sign as witnesses, and a notary needs to authorize it. The parents can also appoint a second, alternate caregiver, with that person’s acknowledgment.
The Morenos had an extended family member with status, willing to take on the responsibility.
With an affidavit notarized and the Family Emergency Preparedness Plan completed, Pedro Colaj Moreno left the U.S. on Feb. 28, feeling anxious about his daughter’s future but reassured by the steps he had taken to aid her as best he could.
“I always advise my daughter that we have to keep fighting,” he says. “We have to keep moving forward.”
Maria José Membreño is a journalism intern from Emerson College. Email her at mmembreno@newbedfordlight.org.
The granting of the guardianship must be by a judge and generally requires the appearance by the parent, Hopefully, ICE agents will not be alerted nor being present in the area. It is essential that these parents be protected in some manner when pursuing the guardianship.