A recent case out of Phoenix has highlighted just how serious the U.S. government is becoming about enforcing immigration laws—even reviving obscure statutes from the 1940s. In what appears to be a first, a migrant was federally charged not for crossing the border, but for failing to declare his unlawful presence in the United States.
This surprising legal move isn’t just a headline — it’s a wake- up call for immigrant families and anyone with assets, children, or long-term plans in the U.S. With laws being enforced in new ways and uncertainty growing around immigration status and legal protections, it’s more critical than ever to get your affairs in order.
Here’s why establishing Powers of Attorney, Wills, and Trusts should be a top priority — especially if you’re part of an immigrant family or hold property and financial accounts in the U.S.:
1. Powers of Attorney: Protect Your Voice in a Crisis
If you were suddenly detained, hospitalized, or otherwise unable to make decisions, who would manage your finances or medical care?
A Power of Attorney (POA) allows you to legally appoint someone you trust to handle your affairs if you’re unable to. There are two main types:
- Financial POA: Manages banking, bills, property, and legal matters.
- Medical POA (or Healthcare Proxy): Makes medical decisions on your behalf if you can’t speak for yourself.
For immigrants, especially those without citizenship, this can be vital. Without a POA, even your spouse or adult child may not be able to act on your behalf during a critical moment.
2. Wills: Safeguard Your Children and Your Legacy
A Will allows you to clearly state:
- Who receives your property and money after your death
- Who becomes the legal guardian of your children
- Who manages your estate (your “executor”)
Without a Will, the state will make these decisions for you — which can lead to lengthy legal battles, custody issues, or loved ones being left out.
If you’re living in the U.S. with children or have built any form of wealth — even a modest bank account or car — having a Will is not optional, it’s essential.
3. Trusts: Add a Layer of Protection and Privacy
For families with significant assets, real estate, or long-term residency goals, an irrevocable trust can offer several benefits:
- Protection from creditors and certain legal claims
- Avoidance of probate (a public, time-consuming legal process)
- Potential tax advantages
- Continued support for children or family members, even after you’re gone
A revocable living trust (though not ideal for asset protection) can still help with privacy and managing assets if you become incapacitated. An irrevocable trust, on the other hand, can provide true protection — including from lawsuits or unexpected changes in immigration policy.
In a legal environment where even long-forgotten laws are being dusted off, and immigrant families face increasing uncertainty, you can’t afford to leave your future to chance.
If you have children, property, bank accounts, or simply want to protect your family — now is the time to act.
We’re here to help you build a smart, personalized plan that ensures your voice is heard, your assets are safe, and your loved ones are taken care of — no matter what tomorrow brings.
Call (480) 719-7333 to schedule a consultation. Let’s create peace of mind — because protecting your family is never a risk you should delay.