At Epicenter NYC, we’ve been hearing about immigrants selling possessions like cars or considering leaving the country voluntarily to safeguard their savings — propelled by the fear of losing everything they’ve built.
So we spoke with three immigration attorneys, who shared practical advice for anyone feeling that knot of uncertainty right now.
They are: Allen Orr, founder of Orr Immigration Law Firm PC in White Plains; Cyrus Mehta, founder of the Law Offices of Cyrus Mehta & Partners PLLC; and David Katona, founder of Katona & Associates PLLC, both in Manhattan.
The government can’t just take your assets (Social Security is still a gray area)
Good news first: “No, [the government] can’t seize your assets and things,” said Mehta. If you own a home, a car, or have savings, they stay yours — even if you leave the country.
The only area where things get a little murky is Social Security. Mehta explained that there’s talk about moving some Social Security holders into a “dead count” — basically treating them as if they’ve died, making them ineligible for benefits. But “it remains to be seen” how, or even if, that would happen, he says.
For now, here’s the bottom line: if you’re undocumented, you’re not eligible for Social Security benefits, even if you’ve paid into the system for years. You only get benefits if you’re a citizen or a green card holder. And for green card holders who face deportation, the rules about keeping your Social Security are still up in the air.
Power of attorney: your safety net
One of the first steps to consider is setting up a Power of Attorney (POA). This legal document allows a trusted individual to handle your financial and legal affairs if you’re unable to.
Think of it as a safety net: something you hope never to use, but will be glad you have if needed. A POA can be customized to fit your needs. For example, it could cover just your finances, or specifically your children’s affairs. Orr stresses that this document should be drafted by someone familiar with your state’s laws, since each state has its own rules.
Choose a trustworthy person over 18 — ideally a U.S. citizen without immigration, criminal, deportation, or fraud issues — to avoid putting your assets at risk, Orr advises. Even allegations of fraud could resurface and jeopardize their ability to help, he says, and “then that person could end up facing the same situation as the person who’s trying to protect their assets.”
Even if you’re detained, a POA can still work in your favor. “Let’s say you’re detained and you have a lawyer or a trusted friend — that person can come and meet you and get your signature to sign documents,” Mehta said. “There are different instruments — there could be a trust, there could be a power of attorney, there could be a will.”
Organize your important documents
Next, get your paperwork in order. Gather copies of your bank statements, lease, property deeds, insurance, and business records, and tell a trusted person where they are. Orr suggests creating a detailed list of everything tied to your life in the U.S.
As for your assets, your real estate still belongs to you and your bank accounts aren’t automatically frozen, despite rumors, Mehta says. He explained that even if you leave the U.S., you can typically keep your money in a U.S. bank account and manage it online from abroad.
Financial institutions don’t require a specific immigration status to access your own funds. But after the Patriot Act tightened identity rules, opening or moving accounts often requires strict proof of identity — usually in person, according to Katona. If you want to transfer assets to family members, make sure your legal documents are in order, especially if your relationship to your children isn’t clearly documented.
For extra peace of mind, consider setting up a joint account with someone you trust or naming a co-signer who can access funds if you can’t.
Plan for your children
If you have U.S. citizen children, setting up a guardianship plan is essential — and it’s no different than the contingency planning every parent should consider. Legal aid organizations offer free resources and sample forms to help. While it might feel unsettling to plan for a worst-case scenario, it’s far better than scrambling later.
Speaking to an immigration attorney early can also open up more options for you and your family. Affordable consultations are available through organizations like the New York City Bar Association’s Legal Referral Service.
After we spoke with the attorneys for this story, major news outlets reported that U.S. citizen children were wrongfully deported to Honduras without a hearing. While rare, it’s a reminder of why having guardianship papers ready and easy to find really matters.
Consider voluntary departure, but think carefully
Some individuals facing deportation might think about leaving the U.S. voluntarily out of fear of losing their assets. However, keep in mind you wouldn’t lose your assets.
Mehta made it clear: “There’s no such thing as self-deportation,” he said. “You leave when you have to. This concept of self-deportation is not in the law — it was invented in press releases by the Trump administration.”
For people in removal proceedings, requesting voluntary departure instead of waiting for a deportation order can help avoid triggering a 10-year reentry ban, Katona explains. This option may be useful for those who hope to return later, such as through sponsorship by U.S. citizen children once they turn 21.
Registering your departure through the CBP Home app can create a formal record of when you left and helps track when the reentry bar begins. Keeping copies of any immigration applications you’ve filed can also make it easier to plan a future return with the help of an attorney.
Consult a lawyer before making a decision.
Trusts and other financial tools
If you own real estate, a business, or other high-value assets, you may have heard about using a trust to protect them. While trusts can be powerful tools, they’re complex and not always necessary.
“You may want to talk to a trusts and estates lawyer,” Mehta said. “You can take whatever precaution, but even if you’re picked up, there’s still time.”
For most people, simpler measures like adding a co-owner to a deed or opening a joint bank account with someone you trust are more practical and easier to put in place quickly.
Don’t let fear paralyze you
The fear is real, but shouldn’t stop you from taking action. “Most people are going to be just fine, given their situation,” Katona said.
One practical tip from Katona: when traveling, carry documents proving you’ve lived in the U.S. for more than two years. “They’re expeditiously deporting people who can’t prove that,” he said. Something as simple as a utility bill, lease agreement, or old pay stub could make a difference.
Even if you’re at risk, deportation generally isn’t immediate. “There’s a process,” Mehta said. “Even if you’re detained, you don’t get packed out right away. There is still a process where you can appeal and [take care of] things.”
Finally, take a deep breath. Even in these uncertain times, you have tools to protect yourself, your family, and everything you’ve worked so hard to build.
Resources to help you protect your assets
Here’s a list of some NYC-based groups that can help you navigate asset protection:
Legal Aid Society: Provides free civil legal services to low-income New Yorkers, including assistance with drafting POAs and other advance directives. Visit legalaidnyc.org for more information.
NYC Bar Association Legal Referral Service: Offers referrals to experienced attorneys for various legal matters, including POAs. Call 212-626-7373 (English) or 212-626-7374 (Spanish) Monday–Friday, 8:30 a.m.–5:30 p.m.. Visit nycbar.org/get-legal-help for details.
Volunteers of Legal Service (VOLS) Senior Law Project: Provides free legal services to seniors (60+), including POA and health care proxy preparation. Call 347-521-5704 or visit lawhelpny.org/organization/volunteers-of-legal-service-vols-senior.
City Bar Justice Center Legal Hotline: Offers free legal information, advice, and referrals. Call 212-626-7383 Monday–Thursday, 10 a.m.–12 p.m. and 2–4 p.m.; Friday, 9 a.m.–12:00 p.m.. Visit nycbar.org/serving-the-community/free-low-cost-legal-services for more.
New York Legal Assistance Group (NYLAG): Provides free civil legal services to low-income individuals, including assistance with POAs. Visit lawhelpny.org/organization/new-york-legal-assistance-group-nylag-10.
LawHelpNY: Offers legal information and resources for New Yorkers, including instructions and forms for creating a POA. Visit lawhelpny.org for resources.
