Hiring a foreign-born nanny can bring a beautiful mix of cultural experiences into your home, but it also comes with a unique set of realities. With immigration policies frequently changing, it’s understandable if you have concerns about your nanny’s legal status or their overall well-being. If you’re feeling uneasy about the potential risks they might face, here are some important steps to support them while ensuring everything stays in line with the law.

1. Start with Honest, Respectful Communication

Creating an open dialogue with your nanny about their immigration status is essential. Approach the conversation with kindness and respect, understanding that their situation may be highly sensitive.

2. Explore Legal Options Together

If your nanny is undocumented, there may be legal pathways to explore:

• Temporary Protected Status (TPS): This can provide temporary legal status to people from countries facing extraordinary conditions. But keep in mind that policy changes could impact which countries are eligible [1].
• Employment-Based Visas: Though not incredibly common for nannies, there may be opportunities for employment-based visas. But be aware that there are new restrictions in place that could affect eligibility [2].

3. Consult with an Immigration Attorney

This is one of the most important steps. Immigration law can be complex and constantly evolving. A qualified immigration attorney can help assess your nanny’s specific situation and guide you through possible legal options. They can also provide peace of mind by making sure everything is handled appropriately.

4. Organize and Store Important Documents

Help your nanny gather important documents like identification, employment records, and any existing immigration paperwork, and encourage them to store them in a safe place. Having these documents readily available can be crucial if any legal challenges arise.

5. Create an Emergency Plan

It’s always good to be prepared for unexpected situations. Consider:

• Compiling a list of important contacts, including your nanny’s immigration attorney.
• Ensuring that your nanny knows their rights if they’re ever approached by immigration authorities.
• Designating someone to step in and care for the children if your nanny becomes unavailable.

6. Stay Up to Date on Policy Changes

Immigration laws are shifting rapidly. Do your best to stay informed about recent changes, such as executive orders or new enforcement practices, which may impact your nanny’s situation. Staying current can help you provide the best support [3].

Legal Considerations for Employers
While supporting your foreign-born nanny is an admirable gesture, it’s also crucial to understand your legal obligations. Working with legal professionals can ensure you’re both helping your nanny and staying compliant with the law.

Citations:

[1] https://civilrights.org/wp-content/uploads/2024/08/Project-2025-Immigrants-Rights.pdf

[2] https://www.brookings.edu/articles/what-to-expect-on-immigration-policy-from-a-trump-white-house

[3] https://www.americanimmigrationcouncil.org/research/after-day-one-high-level-analysis-trumps-first-executive-actions

Please note: The information provided in this blog is for general informational purposes only and should not be construed as legal advice. We are not legal professionals and do not provide legal counsel. No attorney-client relationship is formed by reading this content. For advice regarding your specific situation or any legal matters, including immigration and employment issues, please consult with a qualified immigration attorney or legal expert. Reliance on any information provided herein is solely at your own risk.