Illinois Offers Short-Term Guardianship to Protect Children During ICE Raids

Temporary custody form allows parents to designate emergency guardians for their kids in case of deportation or detention.

Apr. 4, 2026 at 2:04am

Got story updates? Submit your updates here. ›

A close-up painting of a child's stuffed animal or backpack sitting alone in a warm, sunlit room, conveying the emotional impact of family separation due to immigration enforcement actions.A simple toy left behind serves as a poignant reminder of the human toll of aggressive immigration policies.Chicago Today

In response to increased immigration enforcement actions in the Chicago area, Illinois has seen a surge in parents filing short-term guardianship forms to protect their children. These forms allow parents to quickly designate a temporary guardian, often a family member or trusted friend, to take custody of their kids if the parents are detained or deported by immigration authorities. The process is relatively simple and inexpensive compared to formal court-appointed guardianships, giving parents more control over the situation.

Why it matters

The rise in ICE raids and deportations across Illinois has left many immigrant families worried about what would happen to their children if they were taken into custody. Short-term guardianship provides a legal mechanism for parents to have a plan in place to ensure their kids are cared for by a trusted adult, rather than potentially being placed in the foster care system.

The details

To establish a short-term guardianship in Illinois, parents fill out a simple form in the presence of two adult witnesses. This grants temporary custody rights to the designated guardian, which can be revoked at any time. The guardianship only lasts for up to one year, unlike more formal court-appointed arrangements. Parents can specify a 'triggering event,' such as detention or deportation, that would activate the guardianship. Organizations like Chicago Volunteer Legal Services have seen a surge in these filings since the start of increased immigration enforcement actions in the state.

  • Operation Midway Blitz, a federal immigration enforcement action, led to over 4,500 arrests in the Chicago area last fall.
  • Since the start of ICE and CBP raids across Illinois, there has been a significant increase in the number of short-term guardianship forms filed.

The players

Scott K. Summers

An Illinois attorney who describes short-term guardianship as a way for families to have a backup or emergency guardian in case something happens to a parent, such as a military deployment, medical emergency, arrest, or deportation.

Rebekah Rashidfarokhi

The director of guardianship and immigration programs for children at Chicago Volunteer Legal Services, an organization that has been hosting frequent educational classes on short-term guardianships and how they work.

Illinois Department of Children and Family Services (DCFS)

The state agency that may take over as a child's caretaker if a parent is detained or deported and has not pre-emptively filled out a short-term guardianship form.

Got photos? Submit your photos here. ›

What they’re saying

“It gives families peace of mind in case there's something that goes wrong.”

— Scott K. Summers, Illinois attorney

“The parent filling out this form gets to designate someone, and if they change their mind, they can just revoke the form and write a new one. So they're not really relinquishing any rights by filling out a short-term guardianship.”

— Rebekah Rashidfarokhi, Director of guardianship and immigration programs for children, Chicago Volunteer Legal Services

“I always feel like 'better safe than sorry.' The form is easy to fill out. You don't have to have a lawyer to help you fill it out. It's free, and the parents are not giving up any rights. So I always recommend that everybody have one of these in place.”

— Rebekah Rashidfarokhi, Director of guardianship and immigration programs for children, Chicago Volunteer Legal Services

What’s next

Parents looking for more information or support on short-term guardianships can reach out to organizations like Chicago Volunteer Legal Services or the Illinois Guardianship and Advocacy Commission.

The takeaway

Short-term guardianship provides a simple and flexible legal mechanism for immigrant parents in Illinois to ensure their children are cared for by a trusted adult if the parents are detained or deported, helping to alleviate the stress and uncertainty that increased immigration enforcement actions have caused for many families.