It can be confusing—and outright concerning—when an immigrant client receives a jury duty summons. Just as immigrants cannot vote (this right is reserved for citizens), they also cannot serve on juries.
At Rivas and Associates, we understand that receiving official mail from the court can feel stressful. Often, clients come to us with their jury duty notices feeling a bit bewildered. We hope this short blog can help explain why immigrants may receive such a notice, as well as offer steps to request to be excused.
In many states, including Oklahoma, people who apply for a driver’s license or state ID are automatically added to a database that may be used to select potential jurors. This means non-citizens can sometimes be mistakenly included in the jury selection process.
Do not ignore the summons.
Even though an immigrant client is not eligible to serve, ignoring the notice could lead to penalties or additional legal issues.
Be sure to read the summons notice itself for instructions on how to request to be excused. In Tulsa County, the jury duty reporting office is located on the second floor of the county courthouse. When reporting, this typically means you will need to:
- Contact the court or appear as instructed, and
- Inform them that you are not a U.S. citizen and therefore not eligible for jury service
- Bring proof of your status, such as your work permit, to show that you are lawfully present in the United States but not a U.S. citizen
The court will then scan your documents into their system showing you are ineligible to serve on a jury and dismiss you. This process should only take a few minutes, and you can be on your way. You can ask for a receipt or some type of verification that you have been excused, but these are not typically provided. When I have accompanied clients as an interpreter to request to be excused, I usually jot down the date and time the clerk excused the client as a record that the excuse did in fact happen.
If an individual ignores the summons by not attending or following up, this could lead to a warrant for arrest or other penalties.
The most important thing to remember is not to ignore the summons. Just be prepared to go to the courthouse in person to request a formal dismissal.
FAQ: Jury Duty and Immigrants
- Can immigrants serve on a jury?
No. Only U.S. citizens are eligible to serve on juries. - Why did I receive a jury duty summons if I am not a citizen?
You may have been included in a jury pool after applying for a driver’s license or state ID. - Should I ignore the summons?
No. Ignoring it can lead to penalties, including possible legal consequences. - What should I do if I receive a summons?
Follow the instructions on the notice and inform the court that you are not a U.S. citizen. - What documents should I bring?
Bring proof of your status, such as your work permit, to show you are lawfully present but not a U.S. citizen. - Will I get proof that I was excused?
Usually not, but you can ask. It’s a good idea to write down the date and time you were excused for your own records.
