Immigrants are not generally part of unions, and they may not understand the laws that apply to working in America. However, if they are hurt on the job, it is important that they make their claim for workers’ compensation and seek the compensation that they should receive.
Many immigrants fail to do this because they are concerned about deportation. However, New York law prevents U.S. Immigration and Customs Enforcement from carrying out civil arrests at state courthouses. This helps protect those workers, because if they have to go to court, they won’t have to worry about facing ICE agents while they’re there.
When did ICE get banned from making arrests at state courthouses?
According to a ruling reported on June 10, 2020, ICE has been banned from making immigration arrests at state courthouses and in the vicinity around those courthouses.
The reason for this ban was to make sure that undocumented immigrants who were coming to court as defendants or witnesses would be able to do so freely and without fear of arrest. Without this ruling, the threat of ICE being present at the court could have deterred witnesses and defendants from arriving to court, which could then harm their cases.
The ruling is specific, and it states that ICE cannot conduct any civil arrests on the grounds or premises of the courthouses in the state. The ruling went on to include a restriction on making arrests involving those who were asked to travel to New York’s courthouses for court as well.
This ruling is important if you have a workers’ compensation claim and need to go to court for it. If you’re not documented, that doesn’t mean that you don’t deserve the same protections as other workers at your worksite. The fact that you’re undocumented doesn’t change the reality that you were hurt on the job or that your employer may be held responsible for those injuries through workers’ compensation or other methods. If you’re concerned about heading to court, talking to your attorney about the protections available to you may be of some assistance and give you better peace of mind.