Two Illegal Immigrants Indicted for Hiring at Least 10 Unauthorized Workers

Two men previously deported from the United States were indicted May 8 in the Eastern District of Missouri on charges they hired at least 10 unauthorized aliens to work in a 12-month period.

Oscar Ruiz-Oliva and Jorge Manuel Oliva-Paguada each face one count of engaging in a pattern or practice of hiring unauthorized aliens, one count of knowingly hiring at least 10 unauthorized aliens during a 12-month period, and one count of illegal re-entry after deportation, according to a U.S. Department of Justice release.

The indictment states both men are illegal immigrants who had been removed from the country before re-entering. It does not specify the industry, location or identities of the hired workers. Federal law sets a maximum penalty of six months in prison and a $3,000 fine for each unauthorized worker hired under the pattern-or-practice count; the 10-or-more count carries stiffer penalties including up to six months per violation and potential felony enhancements.

Conviction on the illegal-re-entry charge carries up to two years in prison. The case originated with a Homeland Security Task Force investigation, which coordinates federal, state and local agencies to target smuggling, trafficking and related employment violations.

The charges shift both defendants from investigative targets to criminal defendants required to appear in district court. A conviction would also restart formal removal proceedings under immigration law and bar legal re-entry for specified periods. Sentencing would follow standard federal guidelines that treat prior deportation as an aggravating factor.

This indictment marks the latest enforcement action under the Department of Justice’s immigration-related employment statutes. The Immigration Reform and Control Act of 1986 first criminalized the knowing hire of unauthorized workers; the statute has been used in task-force operations targeting employers and labor brokers in agriculture, construction and food services.

The Eastern District of Missouri has participated in similar Homeland Security Task Force cases in recent years that resulted in both criminal convictions and civil fines against companies.

Primary sources: U.S. Department of Justice