In West Texas, a man was indicted in September for assaulting Manuel Chairez-Montes, resulting in a fractured left side of his face. However, before District Attorney Sarah Stogner could proceed with the trial, Chairez-Montes, who was undocumented, was deported to Mexico.
This has left the case in a state of uncertainty.
Adan Yanez Porras faces charges of aggravated assault, classified as a second-degree felony, in Ward County. Stogner explained that without the victim’s testimony, she cannot move forward with the prosecution. Chairez-Montes is currently applying for a U-Visa, which permits crime victims who are noncitizens to remain in the United States for up to four years.
Meanwhile, Porras has been free on bond for several months, having been released shortly after his indictment.
Stogner, who also serves Loving and Reeves counties, expressed concern that this case exemplifies the broader repercussions of the Trump administration’s stringent immigration policies. She stated, “It complicates my ability to convict dangerous felons when witnesses and victims are being deported, as well as the perpetrators themselves.”
As President Donald Trump amplifies efforts for mass deportation under the guise of “keeping American communities safe,” district attorneys across Texas argue that such measures are counterproductive, making it increasingly difficult to prosecute individuals accused of violent crimes.
Reports indicate that undocumented immigrants in Texas are opting to stay home to avoid being targeted by immigration officials or law enforcement, venturing out only for essential activities like work or grocery shopping. Some have even ceased attending church, as noted by local sources.
El Paso District Attorney James Montoya highlighted that the fear instilled by U.S. Immigration and Customs Enforcement (ICE) raids has led to reluctance within the immigrant community to engage in legal proceedings. He referred to a murder case from 2023 where a key witness, described as a “father figure” to the victim, relocated to Ohio after the crime. Although he had previously been cooperating with the prosecution, he chose not to testify when he learned the trial was scheduled for March, fearing arrest by immigration officials.
Montoya acknowledged the prosecutors’ inability to guarantee the witness’s protection from detention and deportation during the trial, ultimately resulting in the defendant’s acquittal. He empathized with the witness’s concerns, noting that ICE has increasingly targeted immigrants who appear for court hearings or immigration appointments.
“We may only know that someone failed to appear for their court hearing,” Montoya explained. “We can’t determine if they missed it due to forgetfulness or if they were deported.”
Ali Zakaria, an immigration attorney based in Houston, emphasized that the fear of deportation discourages many undocumented immigrants from reporting crimes to law enforcement. “This allows criminals to act with impunity against the immigrant community, knowing that victims may not file complaints,” Zakaria noted. “Even if they do report a crime, they may still refrain from testifying in court.”
In addition to making arrests at courthouses, ICE has been pressuring local law enforcement agencies to notify them when they encounter undocumented individuals. An incident earlier this year involved a couple from Central America and their four-year-old son being stopped by a police officer in Lubbock for a license plate issue. Shortly thereafter, ICE agents arrived and detained Jose Alvaro.
During the Texas Tribune Festival in November, Harris County District Attorney Sean Teare shared that ICE raids have impacted nearly a dozen criminal cases his office was handling, including child sexual assault cases, due to the deportation of victims and witnesses or their refusal to participate in trials out of fear of their undocumented status.
Teare remarked, “The fear stemming from these raids has hindered my ability to prosecute violent offenders. Our mission is to ensure justice for every member of our community, regardless of their documentation.”
Data analysis indicates that Harris County, part of the ICE region, has seen a significant increase in daily arrests—about 30 percent—comparing the last 18 months of the Biden administration to the initial six months of Trump’s second term.
Teare noted that some individuals being arrested and deported are indeed victims or witnesses of violent crimes. In response to this challenge, his office has introduced “witness/survivor identification cards” for undocumented crime victims and witnesses, allowing them to present these cards to ICE or other law enforcement if detained.
This initiative was inspired by a tragic homicide case in Pasadena. Two years ago, Carmelo Gonzalez, an undocumented man living in a Houston suburb, discovered his 11-year-old daughter’s body hidden in a trash bag beneath his bed after returning home from work. Authorities stated that Maria Gonzalez had been sexually assaulted and murdered.
Juan Carlos Garcia-Rodriguez, a neighbor of the Gonzalez family, is facing capital murder charges related to Maria’s death, with prosecutors seeking the death penalty. Teare highlighted the importance of Gonzalez as a witness, as he was the one to find his daughter’s body.
Teare recounted the father’s anguish, noting that while he was at work that fateful day, he missed multiple calls and messages from Maria warning him that someone was in their home. A year later, Gonzalez was arrested for drunk driving and subsequently deported to El Salvador, a country he had never visited before.
In a race against time, Teare managed to persuade ICE to release Gonzalez moments before his deportation. He emphasized to ICE that Gonzalez was the only person capable of conveying to a jury who his daughter was and representing the voice that Maria no longer had.
Although Gonzalez can still participate in the case, he is currently doing so from an ICE detention facility.
