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California Man Charged Under Anti-Truancy Law for ICE Protest Help

Clovis police referred charges against Alfred Aldrete for escorting student protesters at an anti-ICE walkout. The DA's office declined to prosecute.

4 min read

Clovis police referred criminal charges Tuesday against a man who helped escort student protesters during a February walkout opposing federal immigration enforcement, but the Fresno County District Attorney’s Office declined to prosecute within days of receiving the case.

Alfred Aldrete, 41, was referred for one count of contributing to the delinquency of a minor under Section 272 of the California Penal Code. The charge stems from his involvement in a student walkout in Clovis, a San Joaquin Valley city of roughly 128,000 residents where Donald Trump carried every precinct in the 2024 presidential election, some by margins exceeding 70%.

Clovis police described Aldrete’s alleged conduct in a press release: being present during the walkout, directing student activity, entering the roadway in a manner that affected traffic flow, and attending a separate student gathering on Feb. 5 that took place outside school hours.

Aldrete and a small group of volunteers had escorted approximately 50 high school students during the February protest against the Trump administration’s immigration enforcement operations. He told CalMatters last month that he had long suspected he was being investigated, noting that officers approached him during the march and asked for his name, date of birth, and phone number.

The Fresno County District Attorney’s Office did not take long to dispose of the referral. Taylor Long, a spokesperson for District Attorney Lisa Smittcamp, said in a written statement that prosecutors declined to file because the evidence did not meet the legal threshold required.

“As with every case submitted to our office, prosecutors evaluate whether the available evidence meets each element of the alleged offense and whether those elements can be proven in court,” Long said. “In this matter, a charge under Penal Code section 272 requires proof that an adult encouraged or caused a minor to become delinquent. Based on the evidence submitted, that element could not be proven beyond a reasonable doubt.”

The decision effectively ended the case against Aldrete.

Section 272 sits in a corner of California law rarely associated with political protests. The Fresno County District Attorney’s Office files roughly 20 such charges per year, a rate consistent across at least the past five years. Those cases typically involve adults harboring runaways, providing alcohol to minors, or recruiting juveniles into criminal activity such as theft. Using it against adults participating in a student walkout is a different application.

Within one day of the February walkout, Clovis police had announced they were reviewing potential charges against as many as six adults under the same statute. That announcement was notable on its own. Clovis is not an outlier in reaching for this tool. The Los Angeles Police Department has also said it is weighing Section 272 charges against adults who joined immigration-related student protests.

That pattern matters for what it reveals about enforcement strategy. Prosecutions under 272 require proving that an adult’s actions caused or encouraged a minor to become delinquent. A student walkout over federal immigration policy is not, on its face, delinquency. It is truancy at most, and even that depends on context. Whether student protesters are legally delinquent by missing class is a question courts would eventually have to answer if any of these cases moved forward. So far, the Fresno County DA’s office has concluded they would not.

The speed of the referral and the speed of its rejection suggest the police referral was less a prosecutorial calculation than a deterrent signal. Filing charges, or even threatening to file them, carries its own cost. Aldrete knew police had his name and phone number. He told CalMatters he suspected he was under investigation before any charges were filed. That awareness shapes behavior.

California’s broader enforcement posture on immigration-adjacent protests has been uneven since early 2026. Local police departments have leaned on statutes not written with protests in mind. Prosecutors in some counties have pushed back. The result is a patchwork where the exposure an adult volunteer faces depends heavily on which jurisdiction filed the paperwork.

Aldrete’s case closed before it reached a courtroom. The Fresno Bee first reported the DA’s decision not to proceed. For Aldrete, the outcome was a full stop after months of uncertainty. For the other adults Clovis police initially flagged for potential charges, the department has not said whether referrals were sent to the DA for any of them.

The nonprofit newsroom CalMatters covered this story.

What the episode documents is the gap between police referral authority and prosecutorial judgment. Clovis officers had the discretion to send the case forward. Smittcamp’s office had the discretion to decline it. Both exercises of discretion are routine. What is less routine is applying a chronic truancy statute to a political protest and calling it criminal conduct.

Ray Petrovic · Crime & Public Safety Reporter · All articles →