Justice System Basics: Can I use the Courts If I am in the United States Illegally?

By: Janice Dantes

 

Short answer: yes, you can. The United States was built by immigrants and cities like Chicago are incredibly progressive when it comes to access to justice. Cook County is a sanctuary county which means that you do not need to provide proof of citizenship (e.g. social security number) to access services. Below are examples of how you can access the justice system if you are out of status:

1. You can call the police if you have an emergency or are a victim of a crime. If you need help, whether it is a domestic violence situation or you were the victim of a crime, you can and should call the police. While there is fear around calling the police if you are out of status, situations of life of death are emergencies where you cannot think about your immigration status. Local law enforcement in Cook County are not required to verify citizenship or refer you to immigration enforcement. Last, there are ways to obtain visas under the Violence Against Women’s Act or if you were the victim of a crime.

2. You can get divorced. While divorce is still illegal in the Philippines, non-citizens and people out of status can get divorced in the U.S. Divorce is based on state laws and residency, not citizenship. Illinois has the shortest residency requirement in the U.S. (90 days) and is a no fault state, meaning you only have to state irreconcilable differences for divorce. There is no need to prove infidelity or abandonment. Different states have different requirements, but access to divorce in Illinois, particularly Chicago, is less restrictive than other states.

3. You can sue in the United States even if you’re a foreigner. You can sue people or corporations in the United States even if you are a foreign entity or citizen. So long as the incident or defendant has enough ties in the US, you can access the court system here. Your case may be in federal court which would require an attorney licensed to practice in federal court.

If you would like to learn about your rights, please call (312) 546-5077 or email janice@ pinaylaw.com.

Thank you for reading. Until we meet again, love one another.