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In a significant ruling, Justice Aaron Maslow of the Kings County Supreme Court has excluded evidence pertaining to a plaintiff’s immigration status in a damages trial. The case involves a personal injury lawsuit stemming from a 2017 car accident involving an immigrant plaintiff, Gregorio Santana, and social media influencer, Ryan Roth. Justice Maslow determined that introducing evidence of Santana’s immigration status could bias the jury and pose risks in the current political environment. The judge stressed that allowing such evidence could deter noncitizen litigants from exercising their legal rights, noting that revealing a person’s immigration status publicly could lead to unwanted actions, such as reporting to U.S. Immigration and Customs Enforcement (ICE).
This decision emerges in the broader context of a legal battle over a New York statute intended to prevent ICE from arresting individuals at courthouses. The U.S. Department of Justice has filed a lawsuit challenging this law. Justice Maslow acknowledged the potential chilling effect that permitting broad inquiries into immigration status could have on undocumented immigrants’ willingness to pursue compensation for injuries.
The defense, led by Roth’s counsel, argued that knowing Santana’s immigration status could affect his medical expense calculations, suggesting costs could be lower if Santana were to leave the United States. However, Maslow dismissed these arguments, emphasizing that immigration status should not be a factor in determining damages.
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