What If Someone Threatens to Call ICE After an Accident in New York City? Know Your Rights

Being in a car accident is stressful for anyone, but for illegal immigrants in New York City, the anxiety can rapidly turn to fear. Unfortunately, some bad actors use this fear. Following a collision or injury, they may threaten to “call ICE” if you submit a claim or report the incident. These threats are meant to scare victims into silence, but they’re illegal in New York, and you can seek justice.

Immigrants, regardless of legal status, enjoy substantial protections in New York State and New York City. You are protected by state criminal statutes, New York’s sanctuary city legislation, and attorney-client privilege. In fact, if someone threatens to report your immigration status to ICE, it can help your legal case.

This article explains what to do if you’re ever threatened with ICE after an accident in New York City—and why you should never allow fear to prevent you from fighting for your rights.

Threatening to Call ICE Is a Crime in New York

Threatening to report someone’s immigration status to law enforcement or immigration authorities has been a criminal offense in New York State since 2021. These threats are classified as extortion or coercion, depending on the circumstances.

If someone says, “Don’t file an insurance claim or I’ll call ICE,” they may face misdemeanor or felony charges under New York Penal Law §§ 135.60 and 155.05. The law applies in every situation, whether a car accident, industrial injury, or a dispute with a landlord.

New York City also has some of the most robust human rights protections in the nation. The NYC Human Rights Law makes it illegal to harass or discriminate against someone based on their real or suspected immigrant status. This includes threatening to contact ICE to silence or intimidate you, particularly if it occurs on a job site, in housing, or following a traffic accident.

Why ICE Threats Can’t Hurt Your Personal Injury Case

One of the most common concerns among undocumented accident victims is that their immigration status may be revealed during a personal injury lawsuit. However, under New York law, your immigrant status is irrelevant and cannot be used against you in court.

Judges and attorneys take this aspect quite seriously. In most circumstances, lawyers submit a motion in limine, which bans the other party from ever referencing your status during trial. Defendants cannot raise your immigration situation to reduce liability, avoid paying damages, or question your credibility.

In fact, threatening to call ICE might backfire. These threats can be utilized as evidence of bad faith, retaliation, or obstruction of justice, all of which can help your personal injury case. The law acknowledges that intimidation methods have no place in the civil justice system—and courts will not accept them.

Even if someone has made threats, they can’t affect your case or your right to recover compensation.

What to Do Immediately If Someone Threatens You With ICE?

If you’ve been threatened with deportation after an accident, take these steps to protect yourself—and your case:

1. Prioritize Safety and Medical Care

Prioritizing your health is paramount. Seek medical assistance immediately, even if your injuries seem minor. Hospitals and emergency responders in New York City do not submit their immigration status to ICE. You have the same entitlement to emergency treatment as everyone else.

2. Document the Threat

Write down everything that happened as soon as possible, including the words used, the time, the location, and any witnesses. You can legally record threats made in person or over the phone.

New York is a one-party consent state, which means you have the right to record a discussion provided you are there. These details can become powerful evidence later.

3. File a Police Report

Threatening to call ICE is a felony that you have the right to report. The NYPD is prohibited from inquiring about your immigration status. When writing a report, focus on what was said or done rather than your own standing. Bring any witnesses or evidence that you have.

4. Contact NYC Immigrant Support Resources

New York has many organizations ready to help, free of charge and confidentially:

• NYC Immigration Hotline: 1-800-354-0365
• Immigrant Defense Project: immdefense.org
• Legal Aid Society: legalaidnyc.org

These organizations can provide legal advice.

5. Stay Silent About Your Immigration Status

Do not mention your immigration status with the insurance company, the other driver, or anybody apart from your attorney. In a personal injury claim, you are under no legal need to reveal your status.

New York City Laws That Keep You Safe in Court

New York City is proud to be a sanctuary city, which means that local agencies and law enforcement are prohibited from working with ICE in most cases. City officials cannot share your information with federal immigration authorities unless they charge you with a major crime.

Additionally, the Protect Our Courts Act prohibits ICE agents from making civil arrests in or near New York State courthouses without a judicial warrant. This implies that you can attend court hearings, depositions, and legal meetings without fear of arrest.

Together, these protections ensure that undocumented immigrants can pursue justice safely and without intimidation.

If you file a personal injury claim in New York City, your lawyer will use attorney-client privilege to conceal your name and all communications. What you tell your attorney is completely secret and cannot be shared with anybody, including the government, without your permission.

Why You Shouldn’t Drop Your Personal Injury Claim

When someone threatens to call ICE, they are trying to scare you into silence. They’re hoping you’ll abandon your claim so they don’t have to pay for the damage they caused. Remember, their threat does not affect your legal rights.

If you’ve been injured in an accident caused by someone else’s negligence, you’re entitled to compensation for:

1. Medical bills (past, present, and future)
2. Lost wages if you can’t work
3. Pain and suffering
4. Property damage
5. Emotional distress and other losses

Filing a personal injury claim not only allows you to recover monetarily, but it also holds irresponsible or abusive individuals accountable. When you stand up for your rights, you safeguard others in your community from enduring similar intimidation.

Smart Ways to Protect Yourself and Your Case

Here are some useful tips to protect your case and your rights:

• Hire a personal injury attorney who has worked with undocumented clients. They will know how to handle your claim discreetly and safely.
• Let your lawyer handle all communications. Never communicate directly with the person who threatened you or their insurance company.
• Keep all pieces of evidence. Save images, witness contact information, hospital bills, and any messages or recordings about the threat.
• Consult with an immigration lawyer if necessary. If the threat intensifies or you are concerned about reprisal, your PI attorney can work with an immigration lawyer to protect you.

The main takeaway: don’t go through this alone. With the correct legal team, you may stay secure while receiving the recompense you deserve.

Threats Don’t Take Away Your Rights in New York City

If someone threatens to call ICE after an accident, do not panic—and do not give up your claim. In New York, those threats are illegal, and you are protected by a network of criminal laws, civil remedies, and sanctuary policies designed to defend your rights and safety.

No matter your immigration status, you can pursue justice, recover damages, and hold negligent parties accountable. And thanks to attorney-client confidentiality, you can do it all without putting yourself or your family at risk.

If you’ve been threatened with ICE after an accident, don’t stay silent. Greenberg & Stein P.C. offers free, confidential consultations for all accident victims—and you don’t need immigration papers to get help. Call us at 212-681-2535 to schedule a free consultation to review your case.