Can I report a crime without being reported to ICE?

This page is general information, not legal advice. DNLH is not a law office or a crisis line.

Will the police report me to ICE if I call?

In California, generally no, if you are the victim or a witness.

The California Values Act (Senate Bill 54) says state and local police may not use their money or staff for immigration enforcement. That includes (Gov. Code 7284.6(a)):

• Asking about your immigration status
• Holding you on an ICE "hold" request
• Sharing your home or work address with ICE, unless it is public
• Making arrests based on civil immigration warrants
• Helping ICE with civil immigration arrests

If police come because you called for help, they should be there for the crime, not your papers.

Where are the gaps?

We want you to know the limits plainly.

• If you are arrested, the risk changes. When anyone is booked, fingerprints go to the FBI and are automatically sent to DHS. California cannot stop that (ICE, Secure Communities). In some domestic violence calls, police arrest both people. See Not a citizen and arrested in California.
• Police can share status information they already have. The Values Act does not stop agencies from sending or receiving information about a person's citizenship or immigration status under federal law (Gov. Code 7284.6(e)).
• Police can answer ICE requests about criminal history through the state system, where state law allows (Gov. Code 7284.6(b)(2)).
• The Values Act binds state and local agencies only. It does not bind federal agents. ICE can act on information it already has, like an old deportation order.
• ICE's victim policy is gone. ICE rescinded its 2021 "victim centered approach" and replaced it with interim guidance 11005.4. Being a victim is no longer treated as a positive factor by itself.

For more on what California police can and cannot do, see Does California law stop local police from helping ICE?

What protects me after I report?

• The certifying agency must keep your status private. In California, a police department or prosecutor that handles your U visa certification may not disclose your immigration status, except to follow federal law or legal process, or with your permission (Penal Code 679.10(m)).
• Your status stays out of open court. In a California criminal case, no one may bring up a person's immigration status in open court unless the judge first decides in a private hearing that it is allowed (Evidence Code 351.4). A similar rule covers civil cases (Evidence Code 351.3).
• Federal confidentiality, once you apply. If you file for a U visa, T visa or VAWA, federal law limits sharing of your case and bars decisions based only on what the abuser or criminal says (8 U.S.C. 1367).
• Limits on arrests at shelters and some courthouses. If immigration enforcement leading to removal happens at a domestic violence shelter, rape crisis center, victim services provider, family justice center, or a courthouse where you are appearing in a protection order or domestic violence case, the Notice to Appear must state that the confidentiality law was followed (8 U.S.C. 1229(e)).
• Courthouse arrest policies. A federal court in San Jose vacated ICE's 2025 courthouse arrest policies on June 23, 2026. See Can ICE arrest me at a courthouse, hospital or church?

My abuser says he will call ICE on me. What can I do?

Threats like this are a common way abusers keep control. You are not powerless.

• Federal law bars immigration officials from deciding you are deportable using information that came only from an abusive spouse or parent, or from the person who committed the crime against you, once you seek U, T or VAWA protection (8 U.S.C. 1367(a)(1)). ICE's 2025 guidance says its officers remain bound by this law.
• Threats can be evidence. Save texts, voicemails and messages. Threats are part of the abuse a lawyer can use in a VAWA or U visa case.
• Get a restraining order. Courts can order the abuser to stop threatening you. See How to get a domestic violence restraining order.
• Talk to a lawyer soon. Filing for protection brings the federal confidentiality rules into play.

What should I say to the police?

Say what happened. You do not have to talk about your immigration status. If someone asks where you were born or your status, you can say you prefer not to answer. You have the right to remain silent about your status.

Do not lie and do not show false papers. That can create serious problems.

What to say to police

Can reporting help me get status?

It can. Helping police or prosecutors is a key requirement of the U visa, and reporting is often the first step. Victims of crimes on the U visa list, such as domestic violence, sexual assault, trafficking, stalking and felonious assault, may qualify (8 U.S.C. 1101(a)(15)(U)).

• Keep the report number and the names of officers and prosecutors.
• Answer reasonable follow up requests if you can.
• See What is a U visa and could I qualify? and How to get a U visa certification signed.

Reporting a trafficking situation to a law enforcement or labor agency is also part of a T visa case. See What is a T visa?

What if I live outside California?

Rules differ a lot by state and even by county.

• Some states have laws like California's. Others require local police to work with ICE. For example, Texas law requires sheriffs who run jails to seek a 287(g) agreement with ICE by December 1, 2026.
• Ask a local immigrant rights group or legal aid office how your local police handle immigration.
• See How to find out what local police share with immigration and Traveling to Texas.

Can I report without going to the police?

Yes, you have options:

• Talk to a victim advocate first. They can go with you, or help you report.
• National Human Trafficking Hotline: 1-888-373-7888, or text 233733. You can share a tip without giving your name (Polaris).
• National Domestic Violence Hotline: 1-800-799-7233, or text START to 88788, to plan safely first.
• Workplace abuse: you may report to a labor agency. See Is it safe to report workplace abuse?

Questions people ask

Will the 911 dispatcher ask my status? California police may not ask about your status for immigration enforcement. Dispatchers need the facts of the emergency.

What if the police officer asks for my ID? If you are a victim or witness, you can give your name. Ask your lawyer or an advocate what to share. See Do I have to tell the police my name in California?

Can the person who hurt me use my status against me in court? In California criminal and civil cases, status cannot be raised in open court unless the judge first approves it in a private hearing.

I reported before and nothing happened. Can I still get help? Yes. A past report can still support a U visa. California agencies cannot refuse to certify only because the case was closed (Penal Code 679.10(k)).

Who can help?

Anywhere in the U.S.:

• National Domestic Violence Hotline: 1-800-799-7233, or text START to 88788. 24/7.
• National Human Trafficking Hotline: 1-888-373-7888, or text 233733. 24/7.
• Free or low cost legal help: the DOJ list of free legal service providers.

Bay Area (San Mateo and Santa Clara counties):

• San Mateo County Victim/Witness Assistance Center: 650-599-7479.
• CORA (San Mateo County) 24 hour hotline: 800-300-1080. Next Door Solutions (Santa Clara County): (408) 279-2962.
• CLSEPA: (650) 326-6440, 1861 Bay Road, East Palo Alto. For low income residents of San Mateo and Santa Clara counties.
• Bay Area Legal Aid: advice line 1-800-551-5554.

Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

If you are in danger right now, call 911. If you are thinking about suicide or are in emotional crisis, call or text 988.

You deserve safety and justice, whatever your papers say. Reporting is your choice. Make it with good information and good people beside you.