I. Introduction

As of June 2025, approximately 51.9 million immigrants reside in the United States, comprising 15.4% of the national population—the highest proportion on record. The U.S. hosts more immigrants than any other nation, including more than 11 million individuals born in Mexico as of mid-2023. Immigrants from Mexico alone account for 22% of the total immigrant population.

Recent policy developments under the current administration have heightened risks for families lacking permanent legal status. Enforcement now extends beyond deportations to include civil asset forfeiture and expanded data-sharing between the Department of Homeland Security (DHS), the Internal Revenue Service (IRS), and other federal agencies. In this environment, asset protection strategies have become critical for preserving family stability and safeguarding economic security.

II. Current Immigration Enforcement Landscape

Enforcement has intensified dramatically. In the spring of 2025, senior officials directed Immigration and Customs Enforcement (ICE) to meet quotas of 3,000 arrests per day. The National Guard was even deployed to Los Angeles during immigration raid protests—demonstrating how visible and far-reaching these operations have become.

On July 4, 2025, Congress passed the One Big Beautiful Bill Act (Pub. L. 119-21), a sweeping law that expanded funding for ICE and detention facilities, with plans to grow detention capacity to over 100,000 beds and accelerate the hiring of ICE agents. This is a new era of enforcement—one that threatens families, businesses, and entire communities.

Although public safety is often cited as justification, FY2025 data show that two-thirds of those booked into ICE custody had no prior criminal convictions, and over 90% had no violent-crime convictions. The majority swept up in these raids are ordinary families.

Asset Forfeiture

Asset forfeiture is now a growing feature of enforcement. Under the Civil Asset Forfeiture Reform Act (CAFRA), the government may seize property with probable cause and later prove its case by a preponderance of the evidence. ICE’s own handbook integrates CAFRA procedures, underscoring how easily property can be taken while placing the burden on families to fight costly legal battles for its return.

In April 2025, an IRS–ICE Memorandum of Understanding (MOU) gave ICE authority to request taxpayer information directly from the IRS in criminal investigations. This significant expansion creates new risks for business owners, particularly in payroll and employment-tax cases.

Civil Fines and Aggressive Collection

Since January 2025, DHS has issued more than $6.1 billion in civil fines to over 21,500 immigrants with deportation orders—some accruing at nearly $1,000 per day and reaching as high as $1.8 million per individual. The government is actively pursuing collections through lawsuits, garnished tax refunds, credit-reporting, and even treating forgiven fines as taxable income.  Immigrants who “self-deport” may receive a $1,000 “exit bonus” and waiver of fines, a stark choice for families already under financial strain.

The human toll from these policies is clear. In the Bronx, a Mexican mother of four who has lived in the U.S. since 2000 now faces a $1.8 million fine that grows by hundreds of dollars each day. Her case stems from a missed court date more than a decade ago due to attorney error. Now, government invoices warn that she could also be liable for over half a million dollars in administrative costs—threatening her home and her family’s stability.

Whether such disproportionate fines and collection tactics are even legal is an open question. But what is certain is that immigrant families face immediate and unprecedented risks to their livelihoods and assets.

In this environment, proactive planning is no longer optional. Legal tools like the Family Protection Trust are essential safeguards to protect homes, businesses, and generational wealth from being lost overnight.

III. The Family Protection Trust

The Family Protection Trust offers a proactive means for immigrants at risk of deportation to shield their property from creditors, seizures, and safeguard generational wealth for their families. It is based on the legal framework of a “self-settled spendthrift trust,” also known as a Domestic Asset Protection Trust (DAPT).

The idea is straightforward: before facing potential deportation, an individual transfers their valuable assets—such as a house, business, or bank accounts—into a properly structured Family Protection Trust. A spendthrift clause prevents creditors from seizing assets, while beneficiaries remain eligible for discretionary distributions. The trust is established under the laws of Nevada (or another state that allows DAPTs). It is not necessary for the individual setting up and funding a Family Protection Trust to live in the jurisdiction in which the trust is established.

The Family Protection Trust – Key Requirements

• Grantor must have an Individual Taxpayer Identification Number (ITIN) and be in compliance with tax filing obligations.
• An independent trustee located in the state of formation is appointed to limit direct control by the grantor and strengthen protections against creditor challenges.
• Various fiduciaries may be appointed to carry out the grantor’s wishes as provided in the trust document.

The Family Protection Trust – Key Benefits

• Protects the grantor’s assets—including real estate, financial accounts, and business interests—against liens, creditor claims, and forfeiture actions.
• Allows the grantor continued access to funds even after deportation.
• Provides centralized management if the grantor is unable to act (e.g., after deportation).
• Creates legal uncertainty for potential creditor actions, discouraging government agencies from pursuing costly civil forfeiture battles.
• Can be structured to continue providing for family members after deportation, ensuring that years of work and investment are safeguarded. 

The Family Protection Trust – Key Considerations

Despite their utility, Family Protection Trusts are not cure-alls. Unless the grantor resides in a state that recognizes DAPTs, most states do not provide for them or limit their use. Courts in non-DAPT states may disregard asset protection provisions, particularly if the property remains physically located within their jurisdiction. There is also always the risk of fraudulent transfer claims if the trust is established in anticipation of known debts.

Because of these legal challenges, a Family Protection Trust must be meticulously drafted by experienced legal counsel to maximize its utility and minimize risks of legal challenges.

IV. Conclusion

No trust structure guarantees immunity from all government action. But when carefully drafted by experienced legal counsel, implemented early, in a strong DAPT jurisdiction, and with full tax compliance, the Family Protection Trust can significantly reduce exposure to creditors, civil forfeiture, and government collection actions.

For immigrant families, the Family Protection Trust is not just a legal strategy—it is a safeguard of dignity, stability, and the future. Families who wish to explore whether this type of planning is right for their situation should seek guidance from experienced attorneys familiar with both tax and immigration enforcement risks.  Our law firm regularly advises on these matters and is available to discuss tailored strategies that protect homes, businesses, and generational wealth.