Will My Coworker Be Deported If He Sues Our Employer For Wage Theft?

So, the restaurant I worked for closed unexpectedly. My coworker and I went to the bank to cash our last checks and there wasn’t any money in the account, and the owner was already out of state. We went to the police department to see if there’s anything they could do, and they said we would all have to individually sue the owner in small claims court.

This brings me to my question: a member of the kitchen staff is an undocumented immigrant, and the owner apparently hasn’t paid him in months. If he sues, will he be at risk of deportation?

I’d also like advice on what to do legally. I’m 19, broke (for obvious reasons), and I don’t even know where to start as far as filing a lawsuit. (Also, we live in Arkansas, if that helps)