Fears of deportation are silencing crime victims in Stanislaus County
AI-generated summary reviewed by our newsroom.
- DA's Office sees fear of deportation deterring victims from reporting crimes
- Offenders use immigration threats to silence victims and obstruct prosecutions
- Advocates stress legal protections, confidential services for undocumented victims
Fears of immigration enforcement are discouraging victims from reporting crimes and seeking services in Stanislaus County.
District Attorney Jeff Laugero said prosecutors, particularly in the Domestic Violence Unit, have seen undocumented victims and witnesses hesitate to report crimes or participate in court proceedings.
Some witnesses have refused to travel by air to return to Modesto for hearings, while others have declined to call police for help. In some cases, offenders have threatened victims with deportation if they involved law enforcement.
Deputy District Attorney Vita Palazuelos, who leads the Domestic Violence Unit, said she has seen immigration status used as a tool to silence victims. In one recent case, a defendant went to a victim’s workplace to get her fired. After the boss refused, the defendant threatened to call ICE on the business.
“Domestic violence is a cycle of abuse and control. Immigration consequences have always been used to threaten victims to stay quiet. However, due to the amount of attention immigration is now receiving, abusers are utilizing that tactic more,” Palazuelos said.
The DA’s Office has filed motions allowing victims to appear via Zoom if they are uncomfortable coming to court in person. Most judges, Palazuelos said, have been sympathetic to these concerns and approved virtual appearances.
While no crime victims have been detained by ICE at the Stanislaus County Courthouse, Palazuelos, an immigrant from Ukraine, understands why people are scared. “We are doing everything we can to ease fears of victims especially [domestic violence], victims so they feel comfortable coming forward. We want the perpetrators of violence to be held accountable regardless of their victim’s legal status,” she said.
Palazuelos said it is difficult to determine whether fears of immigration enforcement have directly affected the outcome of a case because there are many reasons victims choose not to testify. She noted she has not personally seen a case where immigration concerns were the sole factor.
Because prosecutors see only cases that are reported, she added, it is also hard to know how many incidents go unreported altogether.
“However, I am sure it has a chilling effect,” she said.
Dissuading a victim from contacting law enforcement is illegal, and the District Attorney’s Office urges victims to report any attempts to stop them from coming forward, or threats of retaliation. Offenders who use deportation threats or the prospect of contacting immigration authorities to silence victims can face additional felony charges and longer jail or prison sentences.
“Our office will never ask anyone’s immigration status. We serve all victims,” Palazuelos said.
Local law enforcement is also prohibited from contacting ICE about a victim. Palazuelos said her office meets monthly with law enforcement partners on domestic violence cases and encourages them to reassure victims and ease their concerns. She added that officers generally do a good job of empathizing with victims and witnesses.
Palazuelos noted that much of the fear stems from misinformation about immigration enforcement. She said that if an undocumented person reports a crime, her office pursues justice without regard to immigration status.
Victims of certain crimes may also qualify for protection from deportation and temporary legal status through the U-Visa program. The program is designed both to safeguard vulnerable victims and to support law enforcement in investigating and prosecuting offenses.
“Every citizen in our community has the right to police protection and justice when they are victimized. My office will help each and every victim of crime regardless of status,” Laugero said in a statement.
Nonprofit HAVEN seeing an impact
May Rico, executive director of Modesto-based Healthy Alternatives to Violent Environments, a nonprofit that supports survivors of domestic and sexual abuse and human trafficking, said some callers have expressed reluctance to seek in-person services for fear of being identified by immigration authorities.
HAVEN typically serves between 2,000 and 2,500 survivors each year across its programs with temporary housing and case management services. Recently, however, its shelter experienced a period of open beds — something Rico said hadn’t happened since the pandemic.
Staff also noticed a decline in the use of Spanish translation services on the HAVEN crisis line. In response, the organization posted on social media in Spanish to reassure Latino community members that they would be safe accessing services.
“I can’t say it was directly responsible, but our numbers started going back up not long after,” Rico said.
One undocumented client sought a restraining order but was afraid to file in court after hearing stories of ICE detaining people there. The client is also going through a divorce and may skip the next court date out of fear of being detained and separated from her child. Because the upcoming hearing is focused on finances, missing it could mean losing access to child support needed for the child’s basic needs.
Rico added that some undocumented individuals struggling with substance use disorders also fear deportation if their medical records were ever disclosed.
However, HAVEN does not share clients’ personal information with outside agencies without their permission or a subpoena — and the organization will fight subpoenas in court if a client requests it. Rico noted that HAVEN’s database is a closed system, not cloud-based and not connected to any other network.
“HAVEN wants survivors of domestic violence, sexual assault and human trafficking in our community to know that we are not connected with any other public or private information sharing system and we operate under very strict rules designed to ensure your story is your own to control,” Rico said. “We are required to tell you in advance if mandated reporting laws apply that may limit that ability so you can decide how much to share with us.”
By law, all clients have the same right to confidentiality regardless of immigration or citizenship status. The only exceptions involve suspected abuse of children, dependent adults or elders, which may trigger mandatory reporting requirements. Advocates who are mandated reporters disclose those obligations to clients at the start of their interactions.
Rico added that law enforcement agencies, including ICE or Customs and Border Protection, must present a search or arrest warrant signed by a judge to gain access to the shelter — the same legal standard that applies to a private home.
HAVEN’s general services, including emergency shelter for people fleeing violent relationships, remain open to all clients regardless of immigration status or gender identity.
Not all organizations have seen a decline in service use. Without Permission, a nonprofit that supports survivors of sex trafficking, reported no change in the number of people seeking help or in victims’ willingness to report crimes. In fact, the organization said the number of victims they serve has increased this year.
