Privacy laws create legal rights and protections to keep information secret in specific situations. For example, you wouldn’t want someone passing your medical records around on the internet. The government has laws in place to prevent this from happening. The same is true for a variety of other types of information that you may want to keep private.
Undocumented immigrants often wonder about their privacy and whether the same protections that help citizens work for them as well. Read on to find out how privacy laws protect undocumented immigrants in legal cases.
Understanding Undocumented Immigrants’ Privacy Laws in Legal Cases
A privacy law is any law that restricts the dissemination or use of certain types of information that are provided for a specific purpose. Medical records are a good example of this.
Doctors are not allowed to send your medical records or disclose your medical history to anyone without your permission. Otherwise, they risk certain penalties under the law.
The law governs how private information can and cannot be used, including in legal cases.
To understand how these apply, there are a few parameters to understand first, including:
- Scope of Protection
- Legal Proceedings
- Worker’s Compensation Claims
- Criminal Defense Cases
- Administrative Claims
Scope of Protection
The scope of protection refers to what is covered by a privacy law. In cases involving undocumented immigrants, three things are specifically covered. Your identity and immigration status are protected information, and additional protections are in place for undocumented immigrant children.
This means the same attorney-client privilege binds your lawyer as it would be for anyone else, but they cannot report these three categories to anyone, including the court. This prevents your lawyer from contacting the immigration court or immigration enforcement agents, among others.
Likewise, they cannot disclose if you are undocumented, so you can rest a little easier knowing that simply seeking help won’t get you reported to ICE.
Legal Proceedings
Court proceedings, rulings, and the details involved in them are also kept private under legal professional privilege. In essence, you have the same right to privacy involving counsel and legal proceedings as everyone else.
Generally, your lawyer can take steps to minimize an undocumented immigrant’s risk of being deported for filing a personal injury claim. For instance, immigration status doesn’t interfere with filing a car accident claim, and undocumented immigrants can file wrongful death lawsuits.
Worker’s Compensation Claims
There is a concern that worker’s compensation claims can lead to retaliation from employers against undocumented immigrants, including being reported to ICE to prevent punitive court rulings.
There are both federal and state government protections against retaliation and discrimination based on your immigration status and undocumented immigrants’ right to receive workers’ compensation.
Criminal Defense Cases
The Immigrant Responsibility Act changed how border protection works in many parts of the country. However, it did not change your basic legal rights, including your right to privacy, even when tried for a crime.
Immigration and customs enforcement have stronger enforcement methods and penalties, but the rights of undocumented immigrants remain the same under the law. Your right to due process is the same as that of citizens and lawful immigrants.
Administrative Claims
Administrative claims are the internal process for handling potential lawsuits against government agencies. These come with the fear of being retaliated against as well since undocumented immigrants are often in a vulnerable position involving government agencies.
Governments have legislation in place not only to fight retaliation but also to ensure privacy in handling such matters. That way, it is much harder for companies or agencies to retaliate when they may not even know you filed an administrative action.
Federal Protections for Undocumented Immigrants
There are many protections in place for undocumented immigrants and their children despite major changes in immigration law.
The Constitution of the United States even applies to undocumented immigrants, granting protections enshrined in law since the beginning. For example, the Fourth Amendment provides protection against unreasonable searches and ensures the right to due process under the law, which are common concerns for most people.
Attorney-Client Privilege
It is your lawyer’s responsibility to keep information about you and your legal proceedings confidential. The Supreme Court ruled that this privilege protects your status, and your lawyer could lose their license for disclosing it to anyone. That way, you don’t have to worry about your lawyer or the court finding out that you are undocumented and using it against you.
Whistleblower Protections
A whistleblower is someone who exposes unsafe practices within a company. Many undocumented workers experience unsafe working conditions and are afraid to say anything about it for fear of retaliation from the company.
Whistleblower protections offer protection from retaliation for anyone who exposes unsafe working conditions, regardless of their legal status.
OSHA and the EEOC (Equal Employment Opportunity Commission) oversee working conditions and workplace safety. Both organizations investigate reports of unsafe conditions and can force companies to take action.
When they investigate, the identity of the person who filed the complaint is kept anonymous. No one will know if you filed the complaint, making it much harder to retaliate against you.
Federal Tort Claims Act (FTCA)
Federal agencies are not immune from legal action either. The Federal Tort Claims Act (FTCA) explicitly outlines your ability to file a lawsuit against a government agency or its agents, even if you are undocumented.
It also outlines protections for sensitive information, such as your identity or status, making it hard for the agency to try to intimidate or threaten you without repercussions.
Violence Against Women Act (VAWA)
The Violence Against Women Act (VAWA) is designed to protect women against domestic violence, but it also helps protect undocumented women from discrimination and retaliation. It also provides better access to support for victims, helping them recover and take action.
State-Specific Privacy Laws
Each state has its own privacy statutes that also apply to undocumented immigrants that you need to be aware of. Illinois has the Personal Information Protection Act (PIPA), which limits what companies and organizations can do with your private information.
Illinois also has the Right to Privacy in the Workplace Act, which limits an employer’s ability to ask about previous worker’s compensation claims during the hiring process. Workers’ compensation claims are important protection for any worker. Hiring a lawyer to help you with worker’s compensation claims is something that you should consider when you need legal help.
How to Maintain Privacy in Legal Proceedings as an Undocumented Immigrant
With so many provisions in place to protect the privacy of undocumented immigrants, it can still be difficult to keep your information secure if you don’t know what to do. There are certain things that immigrants should always do to maintain privacy in legal proceedings.
Consult a Lawyer
The first step is always to consult legal counsel about your case. Ensure you find a lawyer who has previously represented undocumented immigrants, criminal cases, and other related situations.
Once you engage a lawyer to represent you, attorney-client privilege takes effect. That means that your lawyer cannot disclose your immigration status or discuss the specifics of your case with anyone that they are not authorized to, even for undocumented immigrants.
Many illegal immigrants worry that a lawyer will alert border patrol agents or immigration officials to their presence, but it is against the law for your lawyer to do that.
While your lawyer is bound by privilege, others may not be bound to privacy in the same way. It is best to be discreet so that you don’t unknowingly alert anyone else about your situation.
Limit Social Media Presence
It can be tempting to go online and alert the world about your situation and the unfair practices that are happening around you, but you need to avoid this. Once information is posted on social media, it is public information, and you don’t know who could be watching.
You may unknowingly post information that can hurt your case or identify undocumented immigrants that you know, exposing them to the chance of deportation under immigration law.
This has happened many, many times in criminal prosecutions and can be the reason why you find yourself in deportation proceedings if the wrong people look into your social media posts. To protect yourself against unreasonable searches and to preserve your right to due process, be very cautious about what you post on social media.
File Confidential Documents
As you work through the legal process, have your lawyer file sealed documents as much as possible. Requesting protective orders for information limits the people who can open those documents and court rulings, reducing the chances of anyone reading through them who should not.
Know Your Rights
Finally, the best way to protect yourself is to know your legal rights. Some of the rights that you should be knowledgeable about include:
- Unreasonable search
- Right to due process
- Public education
- Family separations
- Rights for undocumented children
- Fourth amendment rights
- Access to health care
Your civil rights are protected under the law, but you need to know what they are to be able to defend them effectively. An important part of that is choosing the right legal counsel for your situation.
Many lawyers can help undocumented immigrants protect their rights while taking action without fear of ending up in immigration court, deportation proceedings, and family separations.
Secure Expert Legal Counsel for Your Case!
Whether you are a whistleblower for unsafe working conditions, involved in criminal prosecutions, or any other legal matter, the Supreme Court ruled that you have rights that illegal immigration reform cannot take away. Protect yourself by recruiting a legal team that can help you protect your rights.At Rosenfeld Injury Lawyers, we offer services within the scope of personal injury law to anyone, including undocumented children and anyone who could be considered to be in this country illegally. Contact Rosenfeld Injury Lawyers for a free consultation by filling out our contact form or calling toll-free at (888) 424-5757.