In the United States, serving on a jury is a fundamental civic duty for citizens, ensuring fair trials in both criminal and civil cases. However, non-citizens, including green card holders, are not eligible to serve as jurors. Despite this, non-citizens may still receive jury duty summons. Understanding how to respond is crucial to avoid potential legal consequences.

This guide provides essential information for non-citizens in New York who receive jury duty summons, including how to prove ineligibility, the importance of responding, and what to do if you encounter issues.

Receiving a Jury Duty Summons as a Non-Citizen

In New York, potential jurors receive a Juror Qualification Questionnaire and a summons by mail. Non-citizens must respond to both to be excused from jury duty. It’s important to note that scammers may attempt to trick individuals by asking for sensitive information over the phone or email. Legitimate courts will never request such information through these channels; all official communications are sent via the United States Postal Service.

If you suspect fraudulent activity, report it to your local court office or the Federal Trade Commission (FTC).

Proving Non-Citizen Status

The questionnaire includes a section asking, “Are you a citizen of the United States?” Non-citizens should answer “No” to avoid further notifications. When returning the completed questionnaire, include a copy of one of the following documents: a valid visa, passport, green card, or work permit.

For federal court summons, you can complete the questionnaire online via the eJuror website using your nine-digit participant number or mail the materials within 10 days using the provided envelope. For state or local court summons, follow the instructions on the summons, which may include mailing or delivering the documents in person. Some New York courts also allow online submission.

If you lack the necessary documentation, contact your local jury commissioner’s office for alternative solutions.

Confidentiality and Legal Implications

New york state law mandates that jury records remain confidential. The New York State Court System assures that juror information, including citizenship status, will not be shared with federal agencies like the Department of Homeland Security (DHS) or Immigration and Customs Enforcement (ICE) unless ordered by a court. However, this confidentiality may not extend to federal courts.

Make the Road NY confirms that the jury department responsible for New York state jurors does not retain copies of passports or other identity documents. If you appear in person to prove your non-citizen status, your documents will not be copied.

Ignoring a jury duty summons can result in fines or other penalties, regardless of citizenship status. If you miss the 10-day response deadline, act promptly by visiting the court in person or mailing the required documents. Bring your passport or other identification to verify your non-citizen status and submit the completed questionnaire.

Language Barriers and Mailing Instructions

The questionnaire includes questions about your English language proficiency. If limited English skills prevent you from completing the form, provide a written explanation in the “Remarks” section, typically found on the back of the questionnaire.

Even citizens with insufficient English skills may be excused from jury duty but must still complete the questionnaire or seek assistance. Those with limited English proficiency will receive further instructions when they appear in court. To serve as a juror, you must demonstrate adequate reading, writing, understanding, and speaking abilities in English.

Check the return envelope for prepaid postage indicated by “No Postage Necessary” or “Postage Paid.” If these markings are absent, affix a standard postage stamp. Alternatively, submit your response online to avoid mailing costs.

If you receive a summons addressed to someone else, contact the issuing court or return the envelope with “Return to Sender” or “Deceased” written on it, depending on the situation. If you have moved, update your address with the jury commissioner’s office to prevent future summonses.