Advising the Children of Undocumented Parents

In California, attorneys are increasingly called on to guide children through the legal aftermath of a parent’s detention or deportation.

For many of these children — some undocumented, some U.S. citizens — the consequences can be life-altering. This white paper provides practical, up-to-date guidance for immigration and family law attorneys working to protect vulnerable children in these high-stakes situations.

Whether you’re representing a minor seeking lawful status, preparing for the guardianship of a U.S.-born child, or coordinating between courts, this resource outlines the strategies that make a lasting difference.

What You’ll Learn:

Immigration Relief Options for Children

Understand the key legal pathways available to undocumented minors and children of undocumented parents, including:

• Special Immigrant Juvenile Status (SIJS) for children who’ve been abused, neglected, or abandoned
• Violence Against Women Act (VAWA) protections for children abused by a parent
• U and T visas for victims and witnesses of crimes or trafficking
• Asylum considerations — when to proceed and when to exercise caution
• Temporary Protected Status (TPS) eligibility and what it offers
• Cancellation of removal and long-term immigration planning

Immigration Relief Options for Children

Understand the key legal pathways available to undocumented minors and children of undocumented parents, including:

• Special Immigrant Juvenile Status (SIJS) for children who’ve been abused, neglected, or abandoned
• Violence Against Women Act (VAWA) protections for children abused by a parent
• U and T visas for victims and witnesses of crimes or trafficking
• Asylum considerations — when to proceed and when to exercise caution
• Temporary Protected Status (TPS) eligibility and what it offers
• Cancellation of removal and long-term immigration planning

Family Law Tools for Emergency and Long-Term Planning

Gain a firm understanding of the legal options California families can use to protect children when a parent may be removed, including:

• Caregiver authorization affidavits for short-term needs
• Guardianship petitions through the probate court to avoid foster care
• Adoption considerations and the strict conditions that apply under immigration law

Best Practices for Cross-Disciplinary Advocacy

Because immigration and family law operate on different timelines and standards, the paper offers guidance on how to:

• Coordinate legal strategy across disciplines
• Develop strong, consistent supporting documentation
• Avoid unintended conflicts between court processes

How to Center the Child’s Best Interest

Learn how to document a compelling “best interest” case using school records, medical history, mental health reports, and affidavits from teachers, coaches, and faith leaders.

Trauma-Informed and Community-Oriented Practice

Get actionable tips for:

• Communicating with children using developmentally appropriate, trauma-aware techniques
• Partnering with advocacy groups, consulates, and mental health providers for wraparound support