As President Donald Trump deports the parents of U.S. born children, advocates are pushing a Virginia law that was designed to provide hope for families the administration is targeting.
The law, authored by Sen. Creigh Deeds, allows a parent to name a specific person as a standby guardian in case there is a “qualifying event” that disposes of the parent.
It was originally passed in the 90s to help the children of those dying from AIDS. But in 2021, at the urging of activists, Deeds updated the law with unanimous legislative support to include parents who are undocumented and facing deportation.
“The reality is people in a sad situation are made even sadder when they consider the uncertainty of their children's lives,” Deeds told Radio IQ. “This proceeding was designed to give them some hope”
Deeds said he was disheartened by the situation in its entirety. And while he wasn't supporting folks being in the country illegally, he also understood their motives.
"People come to this country simply because they want to provide a better future for their families, they’re looking for work,” the Charlottesville official added. “It’s heartbreaking to see them separated.”
The law change has become all the more relevant as President Donald Trump ramps up deportation efforts.
Governor Glenn Youngkin said hundreds of deportations were carried out in Virginia in recent months. Repeated requests for additional information about those swept up in the state-federal immigration enforcement partnership have not been returned.
And as Trump seeks to roll back asylum and other protected statuses, advocates fear even those here in the country legally could be in need of standby guardianship.
Richmond City Commonwealth’s Attorney Colette McEachin has been spreading the word about the process as an option for those facing ICE enforcement.
“In the same way I need to make sure justice is provided for defendants who are accused of breaking the law,” McEachin told Radio IQ. “I'm also responsible for providing justice and information to people who are accused of being in the country or city illegally.”
McEachin said she found out about the law and has since asked judges at the local Juvenile Domestic Relations Court to be prepared to hear standby guardianship cases if they come before the Richmond City court.
“We’re all aware of the horrible incidents where young women are pulled off the street,” McEachin said. ”I know how scary this is for people who are here undocumented, even if they are law abiding.”
Doris Gelbman is a Charlottesville-based attorney who’s using her background in elder law to assist mixed status families.
She started offering assistance pro bono at the request of immigrations rights groups, though she said she’s only acting as a notary. That’s all that’s really required, Gelbman said, the paperwork is easy. And if a parent is disposed of, the appointed guardian only has to go before the court and present the paperwork.
“It would be the same as if somebody went to a Staples and picked up a form for creating a will or creating a power of attorney and filling that out themselves,” Gelbman told Radio IQ. “They’re filling out the information I'm simply notarizing their signature.”
She said she’s helped more than a dozen so far.
“[These families] are absolutely terrified and really have no other recourse, so we were happy to be able to give them some hope that someone will be able to look after their children,” Gelbman said.
The attorney noted she was unable to confirm if any of the parents she assisted had been deported, however she said she was aware of controversial deportations in the area that required legal intervention.
Still, there was a lack of certainty among those who spoke to Radio IQ as to if the filings would stay sealed if the Federal government got involved.
“Often proceedings involving children or families in Juvenile and Domestic Relations Court are private,” Senator Deeds said. “If it's filed in Circuit Court, it’s open to the public.”
Gelbman said folks seeking to use the guardianship law should start in JDR, but she wasn’t discounting the possibility of Trump's Department of Justice pressing state courts in the future.
“Efforts by the federal government to pressure local law-enforcement to cooperate and participate in these kinds of operations should be very disturbing for anyone," she said. "It should not be happening.
This report, provided by Virginia Public Radio, was made possible with support from the Virginia Education Association.
