After being hurt in an accident at work, undocumented immigrants might fear being reported to U.S. Immigration and Customers Enforcement (ICE) by their employers. Can this happen in New York, and what might it mean for your compensation case?
Reporting an undocumented worker to ICE will make it known that an employer illegally hired an undocumented immigrant in New York. Threats of reporting an injured worker to ICE are not uncommon but may not be followed through on by employers. Law enforcement agencies and the courts will likely not report undocumented workers to ICE unless they have committed a crime. Undocumented immigrants cannot be deported on the basis of bringing a work injury case in New York. You have rights, just as any other worker does, to recover compensatory damages after being hurt because of another party’s negligence.
Call (718) 841-0083 to speak with our Albany work injury lawyers and schedule a confidential and free review of your case with the attorneys at The Carrion Law Firm today.
Will My New York Employer Report Me to ICE if I Am Injured at Work?
The fear of employers reporting undocumented immigrants to ICE or similar agencies is a real concern for certain workers in New York. If you are injured and are fearful of filing a claim, it is important to know if your employer can or will report you to ICE.
It is illegal for employers to knowingly hire an undocumented immigrant without the necessary visas in New York. Still, many companies hire undocumented workers who might be injured on the job. If you file a claim for a work injury after an accident and your employer reports you to ICE, doing so will reveal the fact that they hired an undocumented immigrant, possibly leading to penalties on their behalf.
Still, employers might make threats against undocumented immigrants about reporting them to ICE should they file a claim for a work injury. Such threats or acts of intimidation might be considered retaliation or discrimination and should be reported to our Brooklyn work injury lawyers immediately. Interfering in a work accident claim in such a way is typically not allowed, and undocumented workers still have the right to seek compensatory damages following a work injury in New York, notwithstanding their documentation status.
What if My Employer Reports Me to ICE After a New York Workplace Accident?
If your employer retaliates against you and reports you to ICE after a work-related incident, you can still pursue recovery.
Filing a case for a work injury is not one of the deportable offenses outlined in 8 U.S.C. § 1227. Neither the United States Citizenship and Immigration Services nor ICE is permitted to deport undocumented immigrants because they sought recovery in a work accident claim. Remember, you have the right to fight for justice against another party, regardless of if you are a documented immigrant or not. ICE cannot deport you while you are involved in an injury case in New York.
Will New York Law Enforcement Agencies Report Me to ICE if I Am Injured at Work?
If you are injured in a workplace accident and call the police or emergency medical services, you have little to fear regarding possible reporting to ICE about your present immigration status in New York.
You do not have to offer information to police officers or medical professionals about your documentation status after a workplace accident. Law enforcement officers might not inquire about your documentation status or the legality of your employment. While police officers can inform ICE about a victim who is undocumented and living and working in New York if they are made aware of their status, they are unlikely to. If an undocumented worker has not committed a criminal offense and are simply a victim, their immigration status is of little consequence to New York law enforcement officers.
The proposed New York for All Act would prohibit law enforcement agencies in the state from working with ICE or providing any information to ICE about a person’s immigration status. Though this legislation has not yet passed in New York State, New York City is currently a sanctuary city for undocumented immigrants with similar rules in place.
Furthermore, ICE cannot make arrests at courthouses according to the Protect Our Courts Act, which was passed in recent years. This means that undocumented workers don’t have to be concerned that by appearing in court, they will be arrested or detained by ICE or other immigration enforcement agencies.
Should I File a New York Work Injury Lawsuit if My Employer Threatens to Report Me to ICE?
Undocumented workers have rights in New York, just as documented workers do. Even if your employer warns you that they might report you to ICE, you can still file a work accident claim.
Whether or not you pursue compensation against an employer as an undocumented immigrant in New York will be based on your comfort levels. However, you can recover insurance benefits after a workplace injury or sue your employer if they don’t have the proper insurance coverage.
In instances where third party caused a victim’s workplace injuries, their employer would likely be unconcerned with their immigration status, as a lawsuit filed by a victim would not involve their employer. Because of this, there is no reason why your employer might threaten to report you to ICE or actually file a report against you. Your present immigration status should have no impact on your ability to file a third-party injury case in New York, nor should it impact the damages available to you in a lawsuit.
Get Compensation for a New York Work Injury Today
For a free case review from The Carrion Law Firm, call our Long Island work injury lawyers at (718) 841-0083.