Indigenous Families in Fresno Face Language Barriers During ICE Detentions, Attorneys Say Due Process Rights at Stake
When Esterella’s brother and his wife were detained by immigration authorities while working in Fresno orchards in March, their three young boys were left behind with no explanation. For days, the 42-year-old caretaker couldn’t locate her brother in federal custody — a search made harder because her primary language is Mixteco, not Spanish, and federal offices don’t provide interpretation in Indigenous languages.
Her brother was deported to Tijuana within days, separated from his sons by the U.S. government with no chance to arrange care for them. Esterella, whose real name Fresnoland withheld to protect her from retaliation, now cares for five children on her own while out of work. “The thing is, I’m out of work right now, too,” she told Fresnoland. “I’m worried about my nephews and my own children, I have two of my own, plus the rent is very expensive. My brother used to help me, but since he isn’t here now, I have to do everything myself so we don’t get evicted.”
The Mexican Consulate in Fresno estimates Indigenous people — including Mixtec, Zapotec, Purépecha, Nahua, Chatino and Triqui communities from states like Oaxaca, Guerrero and Michoacán — make up roughly 20% of migrants from Mexico served across Fresno, Kern, Tulare, Madera, Merced, Mariposa, Kings and Inyo counties. Those communities speak a range of Indigenous languages federal offices don’t provide interpretation for.
In August 2025, USCIS announced migrants must now bring their own interpreters to appointments and follow specific guidelines. If they can’t find an interpreter for their interview date, they must contact USCIS to reschedule or risk having their application delayed or denied. Federal offices can provide limited Spanish interpretation, but that doesn’t help Indigenous people who don’t speak Spanish.
“A lot of the time, ICE is providing inaccurate information to people as they’re detaining them, saying that they don’t have any rights and they basically have no options but to sign their deportation,” said Fresno immigration attorney Armida Mendoza. For Indigenous migrants facing deportation, language barriers can mean the difference between defending their right to stay and accidentally signing their own deportation order, she said.
Mendoza recently assisted an Indigenous client from rural Guerrero, Mexico, held in immigration detention while suffering severe asthma attacks without access to his inhaler. “We wanted to ensure that the mom and the client understood what we were explaining,” Mendoza said. “We tried with different organizations to try to find a match for the interpreter, and we were unable to locate one.” Family members eventually bridged the communication gap, allowing attorneys to explain his rights. He was released within days.
“Spanish interpretation is not enough,” Mendoza said. “We need to at least try to find an appropriate interpretation and provide this person with the ability to fully understand their case.”
Language access can determine whether Indigenous migrants can fully understand their rights or meaningfully defend themselves in court, said Janet Martinez, executive director of Communidades Indígenas en Liderazgo (CIELO). Through CIELO’s Center for Indigenous Languages and Power, the organization provides interpretation in Mixteco, Zapoteco and Triqui in courtrooms, hospitals, schools and Mexican consulates in about 30 states. Last year, CIELO handled several thousand interpretation calls in Indigenous languages across the country.
“It’s really fundamental to have interpretation in these cases, because it allows you a better chance for your due process,” Martinez said. “If we’re unable to have that, then of course it weakens our chances and our ability to make a real case for ourselves without the interpretation.”
Ambar Tovar, immigration legal services director for the UFW Foundation, recently worked with an Indigenous woman seeking asylum whose dialect was so specific to her hometown that attorneys couldn’t locate a qualified interpreter. The legal team warned the court that any omissions should not be held against her because interpretation in her native dialect was unavailable. “In lay terms, that means that the court cannot adequately examine that person’s case,” Tovar said. “If they are not able to present testimony, evidence in support of their claim because there is a language barrier, then they haven’t been afforded due process.”
Under immigration law, interpretation is part of an immigrant’s due process rights, Tovar said. But as immigration courts move cases more quickly, Indigenous migrants face an even greater disadvantage because securing interpreters for less common dialects takes time. “If we are already fighting very short timelines, that gets compounded for the Indigenous community, who then have to work even harder to secure proper interpretation support,” Tovar said.
Valeria Solorio, consul for protection and legal affairs at the Mexican Consulate in Fresno, said many Indigenous migrants lack regular immigration status and can’t obtain government-issued U.S. identification, making it harder to access healthcare or other services. “Giving them an identity is what we call the first step to be able to protect their rights in the U.S.,” Solorio said. The consulate regularly hosts Know Your Rights workshops and has expanded access by offering presentations in Indigenous languages.
The Breakdown
- In August 2025, USCIS announced people must bring their own interpreters to immigration appointments and follow specific guidelines — if they can’t find one for their interview date, they must reschedule or risk application delays/denials.
- Federal offices can provide limited Spanish interpretation, but don’t provide interpretation in Indigenous languages like Mixteco, Zapotec, Purépecha, Nahua, Chatino or Triqui.
- Indigenous people make up roughly 20% of migrants from Mexico served by the Mexican Consulate in Fresno across eight Central Valley counties.
- Attorneys state ICE tells detainees “they don’t have any rights” and pressures them to sign deportations they don’t understand due to language barriers.
- Under immigration law, interpretation is part of an immigrant’s due process rights — without it, courts cannot adequately examine a case, according to legal services directors.
What This Means for You
In August 2025, USCIS changed its policy to require migrants to supply their own interpreters for immigration appointments. If they can’t find one for their scheduled interview date, they must reschedule or risk having their application delayed or denied.
Attorneys report that Indigenous families in Fresno are being separated when parents are detained — as in Esterella’s case, where children were left behind when parents were detained in the fields — without access to interpretation in their languages. Attorneys state detainees are told “they don’t have any rights” and pressured to sign deportations they can’t understand.
Legal services directors say that without interpretation, Indigenous migrants “haven’t been afforded due process” because courts cannot adequately examine their cases when they cannot present testimony or evidence due to language barriers.
What You Can Do
The Mexican Consulate in Fresno hosts Know Your Rights workshops, including presentations in Indigenous languages. Solorio says “We consider ourselves a safe zone” for Mexican nationals.
Communidades Indígenas en Liderazgo (CIELO) provides interpretation in Mixteco, Zapoteco and Triqui in courtrooms, hospitals, schools and consulates — remotely and in person, including at the Mexican Consulate in Fresno. Families facing language barriers in immigration cases can contact the consulate directly for assistance.
What to Watch
In August 2025, USCIS changed its policy to require migrants to supply their own interpreters for immigration appointments. Attorneys say qualified interpreters for less-common Indigenous dialects are nearly impossible to find on the timelines immigration courts demand.
The documented effect: Indigenous detainees who don’t speak Spanish can’t understand what’s happening to them, and attorneys report ICE tells them “they don’t have any rights” and pressures them to sign away their cases. Tovar says this means courts cannot adequately examine these cases and migrants “haven’t been afforded due process.”
