Employer criminally charged for harboring unauthorized workers

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With the recent filing of federal criminal charges against an employer, immigration enforcement actions have escalated to a new level.

Leonardo Baez and Alicia Avila-Guel have owned and operated Abby’s Bakery and Dulce’s Café in Los Fresnos, Texas, since 2012. Acting on an anonymous tip that people were working there illegally, U.S. Immigration and Customs Enforcement (ICE) conducted a raid at the bakery on February 12. According to the U.S. Attorney’s Office, ICE discovered at the workplace two “illegal aliens” unlawfully present in the United States and six visa holders who did not have the right to work in the United States.

Federal law makes it a crime to knowingly or recklessly conceal, harbor or shield a foreign individual who has entered and/or remained in the United States illegally. Providing shelter, transporting, falsifying documents, or warning individuals about immigration enforcement activity can all violate this law. In the case of Abby’s Bakery, the U.S. Attorney alleges that ICE discovered a room in the same shopping center as the bakery where the employer provided housing for its unauthorized workers. Baez and Avila-Gruel were arrested on February 20 and criminally charged with harboring illegal aliens. If convicted, they each face up to 10 years in federal prison and a fine up to $250,000. On March 10, both Baez and Avila-Gruel entered pleas of “not guilty” as to all charges.

According to ICE, we can expect more criminal charges to be filed against employers in the future.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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