Undocumented Parents Draft Wills Amid Fears of Detention and Death in Custody
Undocumented Parents Draft Wills Amid Fears of Detention and Death in Custody

Undocumented immigrants in the United States are increasingly drafting wills and guardianship papers, fearing they may die in detention or be deported without warning under the Trump administration's intensified enforcement policies. A 42-year-old South American mother in Florida, who spoke on condition of anonymity, signed her will while her three young children cried, unable to understand why their mother was weeping over paperwork. She named neighbours as guardians because she has no relatives to rely on.

“I need to prepare for the worst,” she said in Spanish. “It breaks my heart, but I need to do it for my kids. Miami could be the next Minneapolis.” The phrase has become shorthand for fear that aggressive immigration enforcement could expand rapidly into new cities, following a massive federal operation in Minneapolis that led to fatal shootings of two US citizens and detention of children.

Lawyers and advocates in Florida, Texas and California report a rise in undocumented parents preparing final documents, a trend that has accelerated sharply over the past year. Tessa Petit, executive director of the Florida Immigrant Coalition, said: “It was not common in the past. It has become more so as people are learning about it.” She noted that at least 40 people have died in Immigration and Customs Enforcement custody since January 2025.

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“People are really, really afraid,” Petit added. “Since the administration started, we’ve already had 40 people die in detention. People are hearing more and more stories of not being given access to healthcare.” The fear extends beyond deportation to the possibility of sudden disappearance, with reports of warehouse spaces being acquired to expand detention capacity deepening concerns that enforcement infrastructure is shifting rather than shrinking.

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