You suffered injuries in an accident. The bills are piling up and you have not been able to work. You may worry that coming forward will make things worse because you are an undocumented immigrant.
Here is what you need to know: You have rights in New Jersey, and those do not disappear because of your immigration status.
Immigrant legal protections exist
New Jersey law is clear: courthouse doors are open to everyone. State courts and government agencies have long affirmed that residents and visitors have the right to seek justice regardless of immigration status.
This protection is rooted in both the U.S. Constitution and decades of New Jersey legal precedent. State rulings consistently hold that undocumented status does not bar an individual from filing a lawsuit to redress civil wrongs or accessing insurance benefits. If someone’s negligence causes you harm, your right to hold them accountable remains intact.
Furthermore, the New Jersey Immigrant Trust Directive ensures that civil justice remains separate from federal immigration enforcement, allowing victims to seek compensation without fear.
What the law actually says
The U.S. Constitution protects “persons,” not only citizens. Courts have long recognized that non-citizens, including undocumented immigrants, are entitled to due process and equal protection. That includes access to the civil court system.
If someone else’s negligence caused your injury, you may pursue compensation for medical expenses, lost income, pain and suffering and other damages. Immigration status alone does not automatically prevent recovery.
In many personal injury cases, immigration status does not play a central role in fault or medical damages, and judges often exclude it to prevent unfair prejudice. In some situations, such as certain lost wage claims, it can raise additional legal issues, which is why experienced legal guidance matters.
Fear is the biggest barrier, not the law
Many undocumented immigrants who are injured never come forward because of fear. That concern is understandable.
A personal injury case is a civil matter, separate from the immigration system. Filing a claim is not the same as reporting yourself to immigration authorities. Still, every situation is different and it is wise to speak with an attorney about any concerns.
The New Jersey Office of Attorney General has resources on immigrant rights in this state worth knowing. If someone else’s negligence caused your injury, the civil justice system is available to seek compensation.
