Charges filed after ropa usada raids may not stick

McALLEN, Texas (ValleyCentral) — Charges against more than 20 people arrested during a major immigration raid in McAllen may not hold up in court.

Homeland Security Investigations arrested dozens of people on Oct. 2, when agents raided at least four ropa usada warehouses in McAllen.

Agents determined they had used tourist visas to work in the United States — and charged them with fraud and misuse of a visa.

During a hearing on Tuesday, however, U.S. Magistrate Judge Juan F. Alanis said that particular charge didn’t actually criminalize using a tourist visa to work in the United States.

“I think I’ve heard enough argument,” Alanis said.

Alanis said the government’s argument hinged on the meaning of the word “applied.”

Prosecutors appeared to believe that every time someone with a tourist visa crossed the border, they “applied” for admission to the United States and affirmed they would comply with the visa restrictions, Alanis said, which became the basis for the charges. Alanis, though, said a reasonable person would interpret the word “applied” in that section of the law to mean applying for a visa.

The government didn’t introduce any proof they committed fraud when they originally applied for tourist visas.

Additionally, the Homeland Security Investigations agent who testified during the hearing couldn’t identify two of the alleged ropa usada employees, Alanis said, which crippled the government’s case against them.

Alanis dismissed the charges against three people who appeared before him Tuesday afternoon.

“The government needs to be very aware of how these laws apply,” said attorney Carlos M. Garcia of McAllen, who represented a woman charged in the case. “They are trying to apply laws that aren’t necessarily what they believe they are.”

Agents with Homeland Security Investigations, which is part of U.S. Immigration and Customs Enforcement, raided at least four ropa usada warehouses and arrested dozens of people on Oct.2.

Homeland Security Investigations charged managers at JEM Textil Recycling, Moon Rise Trading Corporation, Cardenas General Merchandise and Trebol De Oro with employing people who lacked permission to work in the United States.

Three women arrested during the raid on Cardenas General Merchandise appeared in court for a probable cause hearing on Tuesday afternoon.

The government’s case had big problems from the beginning.

Mirna Garcia, a special agent with Homeland Security Investigations, couldn’t identify two of the three defendants.

Agent Garcia said Pedro Quintero Cardenas, who managed the business, told Homeland Security Investigations the women had worked for him. During a search, agents discovered ledgers that appeared to show employee work schedules.

“He stated that they paid them in cash,” Agent Garcia said.

During cross-examination, Agent Garcia said that, as far as she knew, all three women had legitimate tourist visas.

“They were violating the terms and conditions,” said Assistant U.S. Attorney Patricia Cook Profit, who is prosecuting the case.

People with tourist visas may not work in the United States.

Attorney Carlos M. Garcia didn’t contest that point, but he said the fraud and misuse of visas charge didn’t apply.

“I think the government is being ‘creative,’” Garcia said.

Attorneys for two other women arrested during the ropa usada raids agreed with Garcia’s analysis.

The law, 18 U.S. Code Section 1546(a), makes it illegal for people to forge, alter or counterfeit a visa. Profit said part of the law also criminalized use of a tourist visa to work in the United States.

Alanis wasn’t convinced — and dismissed all three cases.

In a ruling from the bench, he noted that Homeland Security Investigations and the U.S. Attorney’s Office for the Southern District of Texas appeared unprepared for the hearing.

The decision may cause problems for the government.

If other people arrested during the ropa usada raids ask for probable cause hearings, more cases may be dismissed.

“The government is charging people that they arrested in the warehouse raids — the ropa usada — with a section of the statute that is inapplicable,” Garcia said. “And so what we argued was that: The statute does not apply.”

Garcia said he believed the government was trying to use a charge that didn’t fit the facts.

“It’s a shame because, unfortunately, a lot of people in this situation don’t know that they can fight back,” Garcia said.