The US Attorney’s Office for the Southern District of Georgia announced on Friday (September 18) that five individuals have been indicted for alleged fraud and abuse of the H-2A agricultural visa program, obtaining work visas through fraudulent means, and illegally smuggling foreigners into the United States.
According to the publicly released indictment, the five defendants are all Latinx adults, one of whom is a Mexican citizen residing illegally in the United States.
The defendants are Martha Aquino, 61, residing in Alma, Georgia (also known as Martha Patricia Reyes Sanchez or “Marta”); Evangelina Aquino De Galvan, 49; Julio Cervantes, 38; Marco Cervantes, 41, residing in Rowlett; and Juan Felipe Romero-Lopez, 31, an illegal immigrant from Mexico.
Martha Aquino, Julio Cervantes, and Marco Cervantes have been arrested this week. Evangelina Aquino De Galvan remains at large. Romero-Lopez had previously been detained and was indicted in May for illegal possession of firearms as an undocumented immigrant.
According to court documents, the five defendants conspired to abuse the H-2A agricultural visa program, which allows US employers to hire foreign nationals for temporary agricultural work when there is a domestic labor shortage.
They are accused of falsifying the actual work and living locations of foreign laborers, not complying with relevant laws; demanding and receiving improper payments from the laborers before they applied for visas or started working; confiscating and withholding laborers’ passports and other identification documents, sometimes resorting to violence or threats to prevent them from leaving or suspending work.
Even after the visas expired, they kept the laborers in the US unlawfully, and even proposed transporting them to work in other areas of the US for a fee.
Martha Aquino, Evangelina Aquino De Galvan, and Julio Cervantes are charged with conspiracy to commit visa fraud, visa fraud, and encouraging and inducing illegal entry of foreigners for commercial advantage.
Marco Cervantes is charged with conspiracy to commit visa fraud and visa fraud.
Romero-Lopez is charged with conspiracy to commit visa fraud and illegal possession of firearms by an illegal immigrant.
If convicted, conspiracy to commit visa fraud carries a maximum sentence of 5 years in prison; visa fraud and encouraging illegal entry each carry a maximum sentence of 10 years; and firearms charges carry a maximum sentence of 15 years.
The investigation of this case was conducted jointly by the US Immigration and Customs Enforcement (ICE) in Savannah, the Bureau of Diplomatic Security of the US Department of State, the Office of Inspector General of the Department of Labor, and the Georgia Bureau of Investigation, with assistance from other relevant agencies.
The charges in the indictment are allegations, and the defendants are presumed innocent until proven guilty.