Recent actions by Immigration and Customs Enforcement have placed significant strain on many families across the United States and in Nebraska. These actions have increasingly led to the detention of immigrant parents and the separation of their families, creating fear and instability for both immigrant households and families of mixed immigration status.
Beyond the immediate consequences of detention or deportation, immigration enforcement also creates less visible, but equally serious, legal and practical challenges for families.
Barriers to Accessing the Courts
Historically, courts have recognized what is often referred to as a “courthouse privilege,” allowing individuals to access the judicial system without fear of detention. See Stewart v. Ramsay, 242 U.S. 128 (1916).
However, recent enforcement practices have raised concerns that this protection may no longer provide the practical safety it once did.
As a result, individuals may feel unsafe appearing in court, even for matters unrelated to immigration. This includes proceedings such as guardianships, conservatorships, protection orders, juvenile cases, and truancy actions.
When families feel they cannot safely participate in the legal system, the impact extends far beyond the courtroom.
For undocumented parents, these risks can lead to sudden separation from children, financial instability, and disruption to a child’s care and education.
Even routine matters can carry serious weight. For example, a truancy action may be filed when a child has excessive unexcused absences from school. See Neb. Rev. Stat. § 79-201. What might otherwise be a straightforward process can become much more complicated when immigration concerns are present.
Why Advance Planning Matters
In moments like this, planning is not about expecting the worst. It is about protecting what matters most.
Nebraska law provides tools that allow parents to put safeguards in place now, so that if something unexpected happens, their children are cared for and their lives remain as stable as possible.
Temporary Delegation of Parental Authority
Nebraska law allows a parent to temporarily delegate parental authority to another competent adult.
This document can give a trusted caregiver the ability to make day to day decisions for a child, including decisions about school, medical care, and supervision.
Under Neb. Rev. Stat. § 30-2604, a Temporary Delegation of Parental Authority may last for up to six months at a time. While each delegation is limited in duration, it can be renewed as needed.
For families facing uncertainty, this can be a critical layer of protection. It allows caregivers to step in immediately, without delays, and ensures that a child’s needs continue to be met.
Guardianship Designations and Estate Planning
Families may also benefit from broader planning tools that protect both children and finances.
If a parent is detained, deported, or otherwise unable to act, someone may need the legal authority to care for the children, access funds, manage property, or make financial decisions. Without proper documentation, even trusted relatives can face delays and obstacles.
Estate planning helps remove those barriers.
Through a will, a parent can name who they would want to serve as guardian for their children. A Durable Power of Attorney can also provide important protection by allowing a trusted individual to act on the parent’s behalf if they are unable to do so.
Depending on how it is written, a power of attorney can allow someone to manage finances, handle property matters, and help ensure that children are supported during a period of absence or incapacity. See Neb. Rev. Stat. § 30-4027.
Protecting Your Family Starts with a Plan
Families facing uncertainty should not have to live in fear of what could happen if something changes overnight.
There are ways to put the right pieces in place so children are cared for, finances are accessible, and decisions can still be made when they need to be.
McGill Law works with families to create thoughtful, practical plans that reflect real life and protect what matters most.
Every situation is different, but taking steps now can make all the difference later.
You don’t have to wait for something to happen to start planning. We’re here to help you think through what your family may need and put a plan in place that supports you. Schedule a consultation to begin.
Frequently Asked Questions
What happens to my children if I am detained or unable to care for them?
If you are unexpectedly unable to care for your children, having legal documents in place can allow a trusted adult to step in immediately. Without documentation, caregivers may face delays or legal barriers when trying to make decisions for your child.
What is a Temporary Delegation of Parental Authority in Nebraska?
This is a legal document that allows you to give another adult the authority to make decisions for your child, including education and medical care. In Nebraska, it can last up to six months but may be renewed as needed.
Can I choose who will care for my children if something happens to me?
Yes. Through estate planning documents such as a will or a power of attorney, you can express your wishes about who should care for your children and who can make decisions on your behalf.
Do I need a lawyer to create these documents?
While some forms may be available online, working with an attorney helps ensure your documents are legally valid, properly executed, and tailored to your specific situation.
How quickly can I put a plan in place?
In many cases, these documents can be prepared relatively quickly. Starting the process now can help ensure your family is protected if something unexpected happens.
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If you have questions about planning for your family or want to put protections in place, our team is here to help. Schedule a consultation.
