In California, yes, undocumented immigrants in California may file a lawsuit.
This issue typically arises in personal injury cases, but it’s often addressed in other cases too like retaliatory labor practices.
Fear of the court system by an undocumented immigrant in the United States is easily understood. It’s important for all immigrants to realize that they do have certain rights. One of those rights is that if you’re here in the United States illegally, and you’re injured as a result of the carelessness and negligence of somebody else, your rights are similar to those of a lawful permanent resident, or even a United States citizen.
Limitations on Damages Have Been Removed.
There was a time when there were limits on damages for undocumented immigrants, but those have been removed, and the issue has now been made crystal clear. The California legislature has enacted the California Evidence Code section 351.2 making a person’s immigration status inadmissible and undiscoverable in any civil action for injury or wrongful death.
The general rule is that “evidence of a person’s immigration status shall not be admitted into evidence, nor shall discovery into a person’s immigration status be permitted.”
This statute applies to any personal injury case, even when the claimant is pursuing future lost earnings, lost earning capacity or a future medical procedure connected with the injury alleged.
Equal Protection Under the Law
The United States Constitution is the law of the land. For more than 200 years, decisions have been made that its rights and freedoms apply to all people with a physical connection to the country, and not just citizens, lawful permanent residence or even conditional residents.
The 14th Amendment equal protection clause states that no state “shall deprive any person of life, liberty or property without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” Accordingly, the United States Supreme Court has agreed that this clause contemplates all persons within the United States, regardless of whether they are a citizen or here as an undocumented immigrant. Use of the word “person’s” in the statute is inclusive. It includes women as well as men and sexual orientation too.
Will My Employer Retaliate if I Make a Claim?
An illegal worker may have the most to fear if his or her employer retaliates after making a claim. Remember though that even an undocumented alien has rights in the workplace. Upon learning the facts in your case, a quality lawyer will be in a position to bring legal action against the employer. If your employer has threatened to contact immigration or any other law enforcement agency because you reported a safety or other violation at your place of work, contact our offices right away.
There are some exceptions to these rules, but undocumented workers in California are generally afforded the same rights as a legal resident employee would enjoy, even for in-state tuition, wages or even the practice of law itself.
Contact our offices. We may be able to help. We’ll make the strictest confidential evaluation of your situation and answer your questions free of charge about bringing a claim.
