New Mexico DA Says Deportation Fears Are Making Domestic Violence Victims Stay Silent, Letting More Abusers Walk Free

New Mexico's First Judicial District Attorney Mary Carmack-Altwies is warning that heightened fears of deportation are preventing immigrant domestic violence victims from testifying, leading to the dismissal of cases and allowing abusers to evade accountability.

During an interview with Source New Mexico, Carmack-Altwies cited a recent case involving a foreign-born woman who accused her U.S. citizen partner of domestic violence against her and their two young children, both citizens. Initially cooperative, the woman suddenly stopped responding to prosecutors.

"All of a sudden, now she will not return our calls, return our texts. And this is a man that preyed not only on her but on two young children"

The district attorney noted a sharp decline in immigrant victims testifying in Santa Fe, Española, and Los Alamos since Trump issued executive orders intensifying deportation efforts. "And what does that mean? It means that we have a domestic violence abuser and a child abuser that is going to walk away scot-free," she said.

Carmack-Altwies also pointed to defense attorneys questioning Spanish-speaking accusers about their immigration status, a practice she sees as an intimidation tactic. "I think that is really scaring victims into not wanting to cooperate, because they don't want to be on the record saying, 'I'm undocumented.'"

The issue extends beyond New Mexico. A report by The Orange County Register, published on January 31st, cited a series of legal scholars who warned that Trump's immigration policies could deter not only undocumented victims but also documented immigrants from reporting crimes, fearing consequences for family or friends.

Criminology professor Charis Kubrin of UC Irvine stated in the report that "with heightened social control of immigrants, like deportation, they're going to be less likely to come forward with what they do know or share information with police," which in turn weakens crime prevention efforts.

Another scholar, sociology professor David Kirk, explained that "the threat of deportation may alienate those very communities who tend to be supportive of and helpful to the police and the law. In short, it would appear to undermine public safety rather than enhance it."

One possible solution, Carmack-Altwies noted, is the U visa program, which provides some deportation protection for undocumented crime victims who assist law enforcement. Her office has helped about 25 victims apply in 2024. However, she acknowledged that the political climate makes it difficult to reassure victims.

Some local governments across the country are also taking steps to protect immigrant crime victims. Montgomery County, Maryland, passed the Uplifting Victims and Immigrant Safety (U VISA) Act on Thursday, which eliminates a 10-year statute of limitations on U visa applications. Councilmember Evan Glass, who sponsored the measure, explained that "if you are an immigrant and you are the victim of a crime, you can work with local law enforcement to prosecute that crime and help get immigration status here in the country."