What Are Your Options If ICE Deports You While Receiving Treatment for an Auto Accident?
Being involved in a car accident is traumatic enough, but if you are an undocumented immigrant or non-citizen in the middle of medical treatment and ICE (Immigration and Customs Enforcement) deports you, the situation becomes far more complicated.
Can you still pursue compensation? Do your rights end at the border? What happens to your medical care and legal case? These are serious questions with important answers.
You Still Have Rights Even After Deportation
First and foremost, your immigration status does not prevent you from filing or continuing a personal injury case. The U.S. legal system allows accident victims regardless of legal status to seek damages if they were injured due to someone else’s negligence.
If you’ve been deported during treatment, you still may be entitled to:
Medical expenses already incurred
Future medical treatment costs
Lost wages
Pain and suffering
1. Your Attorney Can Continue the Case on Your Behalf
Even if you are no longer physically in the U.S., your attorney can still pursue your case. A personal injury claim is a civil matter it’s not dependent on your immigration status or presence in the country.
Your lawyer can:
Continue negotiating with the insurance company
Gather medical records and evidence from your treatment before deportation
Request expert testimony to project the cost of future care
Work with you remotely to provide updates and sign paperwork
In some cases, a settlement can be paid to you in your home country or wired internationally.
2. You May Qualify for Continued Medical Treatment Abroad
Suppose you're receiving treatment for serious injuries and are deported. In that case, your personal injury attorney may coordinate with medical providers in your country or help estimate the cost of treatment where you are. These costs can be included in your claim.
It’s also possible for your attorney to:
Obtain written statements from your U.S. doctors about ongoing needs
Arrange evaluations by specialists in your current location
Use those medical opinions to demand additional compensation from the responsible party’s insurance company
3. Returning to the U.S. Might Be Possible in Some Situations
Depending on your immigration history, legal grounds, and urgency of your medical needs, you may be eligible for special waivers or humanitarian parole to return for treatment or court appearances. This is rare, but possible with the right legal team working alongside an immigration attorney.
Your personal injury lawyer should collaborate with your immigration attorney to explore:
Temporary visas for humanitarian reasons
Court permission for virtual testimony if a lawsuit proceeds to trial
Deferred removal in certain circumstances involving medical care
4. Documentation Is Critical
If there’s any risk of deportation while you’re receiving medical treatment, do the following immediately:
Keep copies of all medical records and invoices
Document every appointment, prescription, and recommended treatment
Ensure your attorney has the power of attorney to handle your claim in your absence
Share contact information that will still work if you’re forced to leave the country
What If You’re Undocumented and Haven’t Been Deported Yet?
Even if you fear deportation, you should not avoid medical treatment or filing a personal injury claim. Delaying care can weaken your case and hurt your health. Many states, including California, protect your right to pursue compensation regardless of status. Your attorney can help you avoid unnecessary risks while seeking justice.
Final Thought: Don’t Let Fear Stop You from Getting the Help You Deserve
Being deported during an open personal injury case is not the end of the road. With a qualified legal team, you can continue your claim, recover damages, and seek the treatment you need even from another country.
