If you’re an undocumented immigrant living in New York, you may be feeling increasingly anxious about the threat of deportation. What was once a distant concern may now feel like an imminent reality—under the current administration, deportation rates have soared nationwide, with millions of individuals being detained and removed across state lines. As ICE continues its raids in immigrant communities, it has become clear that these efforts will not only persist but will likely be intensified. Living in a place like New York, a state known for its large influx of immigrants, means one must stay extra alert to such threats.
A myriad of concerns surround the issue of deportation: separation from loved ones, the onset of psychological and emotional pressure, and, of course, the uncertainty about what will happen to one’s assets, whether that be property, finances, or personal belongings. While considering these scenarios can be deeply unsettling, it is important for all undocumented immigrants to be proactive in preparing for the potential challenges the future may bring.
Understanding the legal framework backing your property rights can be vital to making sure your livelihood remains sound. Listed below are the immediate steps you should take either in preparation for, or if you ever find, ICE knocking at your door.
To begin, it is important to establish that any assets you own in the United States will legally remain under your name, regardless of whether or not you are a citizen of the country. However, steps must be taken to ensure that they do not become inaccessible or nullified.
Utilize a Power of Attorney
A power of attorney is a legal document that allows one to designate another to handle all their legal and financial matters. This is particularly important for undocumented immigrants as it allows you to indirectly control your assets if you ever find yourself outside of the country’s jurisdiction. If you own any property in the U.S., this person can manage all its business dealings on your behalf; moreover, if you ever plan on coming back to the country, all your assets and finances can be in order once you return. As the agent you choose is bound by your rules and restrictions, they will also be unable to make any decisions you do not authorize. An immediate execution of this document is consequently a vital step one should take if they believe they are at risk of deportation.
Choosing the right person to transfer your ownership to is a critical decision. It is recommended that you take time to discuss this with your family and consult with a legal professional to guide you through the decision-making process. Once you’ve made your choice, you must also clearly specify the circumstances under which ownership will be transferred and exactly what powers or assets you are granting that individual. An attorney will then ensure that the document is legally valid and properly administered.
Immediately Establish a Revocable Trust For Your Assets
A trust can be created regardless of citizenship status, making it an indispensable asset for undocumented individuals. Setting up trusts for your assets, property, and businesses will not only ensure that your personal belongings remain safe at the present time, but also allow for an easier facilitation of wealth for future generations. A revocable trust is particularly valuable for individuals at risk, as it allows for the terms to be regularly revised or even dissolved.
It is suggested that you move your assets into these strongholds as soon as possible. Once established, despite technically being under the ownership of the legal inventory (the trust), individuals will still be able to maintain direct control of their assets, as well as define to whom, when, and how these particular assets are distributed. Furthermore, in the case of potential incapacitation, you will be able to establish a successor trustee—an individual who can manage the trust on your behalf.
Supplement Your Estate Plan
Your existing estate plan can be further improved with non-legal tools that can help you keep track of your assets if you are deported. Drafting a personal asset inventory listing all your physical possessions will not only help you keep track of what should be included in your trust, but also ensure that any assets are redirected to the appropriate individuals or organizations according to your wishes. You may also want to consider drafting a letter of instruction for future descendants who may remain in the country after your death. Though it is not legally binding like a trust, it can be included in your estate plan to communicate your wishes regarding the disposition of your property.
International Means of Protection
If you are not comfortable ceding ownership to another person, perhaps you may want to consider moving your assets to an offshore account overseas. Having funds outside the United States or hosted on online accounts can allow you to secure your assets internationally.
The ability to transfer your assets depends largely on the bank and the country in question. It's crucial to understand and adhere to the legal regulations of the country where you intend to store your funds. Additionally, some banks may require specific identification documents to open an account. Before making any decisions, it’s advisable to thoroughly research the destination country’s rules and the bank’s requirements to ensure a smooth transfer.
Looking Forward
While being deported can be an incredibly disheartening experience, you must not let fear hinder your ability to make sound, rational decisions. Staying calm and thinking methodically can help you navigate this challenging time more effectively. Start by making sure your documents are up to date: gather all sources of identification, records, and deeds. Make sure to create digital copies of any important physical documents for future access. Pay off any outstanding debts before you are forced to leave the country; it is important to avoid defaulting on your loans. Finally, remember that assistance is always available.
If you’re unsure about the best course of action for your situation, it's important to consult with a professional. Please do not hesitate to contact the Law Office of Inna Fershteyn at (718) 333–2394 if you fear you are at risk for deportation or if you find yourself apprehended by ICE.
