Law360: How A Little-Known Law Protects Families In ICE Crackdown

Law360: How A Little-Known Law Protects Families In ICE Crackdown

• December 5, 2025
• 11:52 am

Originally crafted in response to the HIV/AIDs epidemic in the 80s, the Surrogate Court Procedure Act allowed parents who were terminally ill to designate a trusted person as their children's guardian after their death or incapacity.

In 2018, NYLAG's LegalHealth Unit led a coalition to expand the Standby Guardianship bill, which amends the Surrogate Court Procedure Act to enable immigrant parents to appoint a standby guardian in the event of an "administrative separation," such as an arrest, detention, incarceration, removal, or deportation by immigration enforcement.

LegalHealth also created at Standby Guardianship Hotline to expand our capacity to assist noncitizen parents who may be at risk of detention or removal and want to make plans for their children.

"There is so much fear. My family has so little support here in the States, and it's hard not knowing what will happen next," Pedro, whose name has been changed to protect his identity over concerns about his immigration status, said in a statement provided by his attorneys.

But amid such uncertainty, Pedro took solace in the fact that he had done the paperwork necessary to designate a trusted person to take care of his children, should he get deported.

He is one of a relatively small number of noncitizens who know about a process called standby guardianship that lets parents grant temporary parental rights to people they choose ahead of time in the event they are separated from their children.

"I am so grateful that my attorney told me about these documents so my wife and I can have a plan if we are separated from them. I feel better knowing that they will be taken in by someone we really trust," Pedro said in the statement.

[…]

"We can give parents a little bit of peace of mind, where they can execute these documents and have a little bit of safety," said Julie Babayeva, a supervising attorney at NYLAG's LegalHealth.

To enter a standby guardianship agreement, the parent or caregiver must provide documentation about themselves and their children, as well as information about the person designated to be the potential guardian, and fill out standby guardianship forms. There's also a chance to name an alternate guardian if the primary guardian is unable to take on that responsibility.

Read the full story, originally published in Law360, on Dec. 5, 2025.

Related Articles