Five Guatemalan Human Smugglers Charged in U.S. for 2021 Mass Casualty Event in Chiapas, Mexico

 

View the indictment here.

View U.S. Attorney Alamdar Hamdani's video recorded remarks here.

An international enforcement operation today resulted in the arrest of five Guatemalan human smugglers linked to the Dec. 9, 2021, mass casualty event in Chiapas, Mexico, where a semi-trailer truck containing at least 160 migrants — many of whom were Guatemalan nationals — crashed, resulting in the deaths of more than 50 people and injuring over 100 more. The operation was the result of coordination between the Justice Department and Guatemalan authorities and marks the third anniversary of the tragic event.

At the request of the United States, Guatemalan law enforcement acted on provisional arrest warrants for Tomas Quino Canil, 36; Alberto Marcario Chitic, also known as Alberto De Jesus, 31; Oswaldo Manuel Zavala Quino, also known as Osvaldo ZQ, 24; and Josefa Quino Canil De Zavala, 42. A fifth Guatemalan national, Jorge Agapito Ventura, was arrested at his residence in Cleveland, Texas. All five Guatemalan nationals have been indicted in the Southern District of Texas in connection with the investigation.

According to the indictment unsealed today, from October 2021 to February 2023, the defendants conspired with other smugglers to facilitate the travel of migrants from Guatemala though Mexico with the intended destination of the United States. The defendants allegedly recruited Guatemalan migrants, collected payment, and arranged for travel to the United States. In some instances involving the smuggling of unaccompanied minors, the defendants provided scripts and instructions on what to say if apprehended. Some of the migrants recruited by the defendants died or suffered serious bodily injury as result of the Dec. 9, 2021, crash.

“The Justice Department is holding accountable the individuals who we allege preyed on vulnerable migrants and are responsible for this heinous crime that resulted in the deaths over 50 people and injured over 100 more. Human smugglers should heed these charges and arrests as a warning: you will be held accountable for your deadly crimes,” said Attorney General Merrick B. Garland. “Since we launched Joint Task Force Alpha (JTFA) more than three years ago, we have secured more than 330 domestic and international arrests and more than 275 convictions on smuggling offenses, as well as significant jail sentences and substantial forfeitures. We will continue to work across agencies and across borders to stop the scourge of human smuggling.”

“Today, the alleged perpetrators of an abhorrent crime — one that resulted in the senseless deaths of more than 50 migrants and the injury of more than 100 others — are being held accountable, thanks to the investigative work of Department of Homeland Security (DHS) agents and our federal and international partners,” said Secretary of Homeland Security Alejandro N. Mayorkas. “The tragedy that occurred three years ago today in Chiapas is further proof that human smugglers are ruthless, callous, and dangerous — intending migrants should not believe their lies. DHS will continue to disrupt and dismantle illegal human smuggling operations and help bring those who perpetrate such horror to justice.”

“The indictment unsealed today alleges that the defendants conspired to smuggle Guatemalan migrants, including minors, to the United States, and that some of these migrants died when the tractor trailer they were riding in overturned in Chiapas, Mexico,” said Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division. “Today’s announcement — on the three-year anniversary of the victims’ deaths — demonstrates the Criminal Division’s commitment to holding smugglers accountable, no matter where they may be, for their indifference to human life in their callous pursuit of profit. I am proud of the outstanding work by the prosecutors and investigators of JTFA, and I am grateful for our partnership with the Guatemalan authorities, whose assistance was essential in this investigation and prosecution.”

“Three years ago today, in Chiapas, Mexico, a place known for natural wonder and cultural richness, a scene of unimaginable tragedy unfurled,” said U.S. Attorney Alamdar Hamdani for the Southern District of Texas. “Our investigation into this catastrophic event that killed over 50 people, including children, signifies the unwavering commitment of the Southern District of Texas to hold those who engage in human smuggling accountable, irrespective of where their actions or the resultant harm occur. While this crash transpired beyond our borders, it is imperative that the pursuit of justice transcends those boundaries. Today, we reiterate our commitment to ensuring that those allegedly responsible for exploiting the vulnerabilities of families seeking refuge and opportunity face the full force of the law.”

“Homeland Security Investigations (HSI) special agents, along with our law enforcement partners from JTFA, worked tirelessly to investigate, locate, and apprehend those responsible for this heinous act,” said HSI Executive Associate Director Katrina W. Berger. “Now, three years later, I proudly stand with our colleagues from the Justice Department to announce that we have made these apprehensions. HSI remains committed to dismantling human smuggling networks that exploit and mislead migrants, often subjecting them to dangerous and abusive conditions. These illicit organizations profit by preying on vulnerable populations, and HSI works assiduously to disrupt their operations. I want to express my sincere appreciation to all of our law enforcement partners in the United States, Guatemala, and Mexico for their invaluable work to bring this investigation to fruition.”

HSI’s Global Investigation Group in Washington D.C. investigated the case in partnership with HSI Guatemala and HSI Mexico. Valuable assistance was provided by HSI’s Human Smuggling Unit; the Customs and Border Protection’s National Targeting Center; Operation Sentinel; U.S. Border Patrol; Liberty County Constable, Precinct 6; Immigration and Customs Enforcement’s Enforcement and Removal Operations, Houston; U.S. Attorney’s Office for the Eastern District of Texas, Beaumont Division; and Justice Department’s Office of International Affairs (OIA) and Office of Overseas Prosecutorial Development, Assistance, and Training (OPDAT). The Justice Department thanks Guatemalan and Mexican law enforcement officials, who were instrumental in furthering this investigation.

Trial Attorney Danielle Hickman of the Criminal Division’s Human Rights and Special Prosecutions Section (HRSP) and Assistant U.S. Attorney Jennifer Day for the Southern District of Texas are prosecuting the case, with substantial assistance from HRSP Latin American Specialist/Historian Joanna Crandall.

The indictment of these defendants is the result of the coordinated efforts of JTFA. Attorney General Merrick B. Garland created JTFA in June 2021 to marshal the investigative and prosecutorial resources of the Justice Department, in partnership with DHS, to combat the rise in prolific and dangerous smuggling and trafficking groups operating in Mexico, Guatemala, El Salvador, and Honduras. The initiative was expanded to Colombia and Panama to combat human smuggling in the Darién in June. JTFA comprises detailees from U.S. Attorneys’ Offices along the southwest border, including the Southern and Western Districts of Texas, District of New Mexico, District of Arizona, and Southern District of California. Dedicated support is provided by numerous components of the Justice Department’s Criminal Division, led by HRSP and supported by OPDAT, the Narcotic and Dangerous Drug Section, Money Laundering and Asset Recovery Section, Office of Enforcement Operations, OIA, and Violent Crime and Racketeering Section.

JTFA also relies on substantial law enforcement investment from the Department of Homeland Security, FBI, Drug Enforcement Administration, and other partners. To date, JTFA’s work has resulted in over 330 domestic and international arrests of leaders, organizers, and significant facilitators of human smuggling; over 275 U.S. convictions; over 225 significant jail sentences imposed; and forfeitures of substantial assets.

An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.