Five charged in Georgia H-2A visa fraud scheme to smuggle workers into US

Five defendants face federal charges in Georgia for exploiting the H-2A agricultural visa program to smuggle workers and extort payments from them.

H-2A Visa Fraud Ring Charged in Georgia: Workers Extorted, Documents Seized

A federal grand jury in the Southern District of Georgia has unsealed a superseding indictment charging five people with conspiring to defraud the H-2A temporary agricultural worker visa program, DOJ Justice News reports. Prosecutors allege the defendants used the program not to fill legitimate farm labor needs but to profit from smuggling workers into the country through fraud, coercion, and violence.

The five defendants named are Martha Aquino, 61, also known as "Martha Patricia Resendez Sanchez" or "Marta"; Evangelina Aquino De Galvan, 49; and Julio Cervantes, 38 — all of Alma, Georgia — along with Marco Cervantes, 41, also known as "Chiquilin," of Rowlett, Georgia, and Juan Felipe Romero-Lopez, 31, a Mexican national described in court documents as an illegal alien.

Fraudulent job placements and improper payments

According to the indictment, the conspirators obtained H-2A visas for workers by misrepresenting where those workers would be employed and housed. They demanded and collected payments from workers before allowing them to apply for visas or begin working — a direct violation of rules governing the program.

Once workers arrived, the defendants allegedly confiscated their passports and other identity documents, preventing them from leaving. At times, according to prosecutors, the conspirators threatened or used physical violence to keep workers in line. When H-2A visas expired, the defendants allowed workers to remain unlawfully in the country and offered to transport them to other states in exchange for further payments.

Quotes from federal officials

"The H-2A program is specifically designed to help farmers fill temporary or seasonal jobs when there is a shortage of domestic labor," said Assistant Attorney General A. Tysen Duva of the Justice Department's Criminal Division. "Instead of helping American farmers, these defendants allegedly concocted a scheme to enrich themselves by manipulating the program and smuggling aliens into the country for profit."

U.S. Attorney Margaret E. "Meg" Heap for the Southern District of Georgia said those who abuse the visa program for financial gain will be prosecuted. "We will continue to partner with our federal, state and local agencies to protect these workers, safeguard the integrity of the H-2A program and prosecute those who turn a lawful employment program into a vehicle for profit and abuse."

Acting Special Agent in Charge Ellen Johnson of Homeland Security Investigations (HSI) Georgia and Alabama called the conduct a threat to the broader immigration system. "HSI will continue to work with our federal, state, and local partners to identify and dismantle criminal networks that use fraud, coercion, and violence to facilitate human smuggling and trafficking."

Inspector General Anthony P. D'Esposito of the U.S. Department of Labor Office of Inspector General described the alleged conduct as "egregious," pointing specifically to the confiscation of identity documents and threats of violence. "The Department of Labor Office of Inspector General will aggressively investigate those who exploit labor programs and workers for profit."

Arrests and charges

Aquino, Julio Cervantes, and Marco Cervantes were arrested this week. Aquino De Galvan remains at large. Romero-Lopez has been in detention since he was originally charged in May 2026 on a separate count of unlawful possession of a firearm by an illegal alien.

The charges vary by defendant. Aquino, Aquino De Galvan, and Julio Cervantes each face counts of conspiring to commit visa fraud, visa fraud, and encouraging and inducing aliens to enter the United States illegally for commercial advantage. Marco Cervantes is charged with conspiring to commit visa fraud and visa fraud. Romero-Lopez faces charges of conspiracy to commit visa fraud and illegal alien in possession of a firearm.

If convicted on all applicable counts, each defendant faces up to five years in prison for the visa fraud conspiracy charge. Aquino, Aquino De Galvan, Julio Cervantes, and Marco Cervantes each face up to 10 years on the visa fraud count. The three Alma, Georgia defendants also face up to 10 years for encouraging and inducing illegal entry. Romero-Lopez faces a maximum of 15 years on the firearms charge.

Multi-agency investigation

The case was investigated by HSI Savannah, the U.S. Department of State's Diplomatic Security Service (DSS), the Department of Labor Office of Inspector General, and the Georgia Bureau of Investigation. HSI's Human Smuggling Unit in Washington, D.C., and Customs and Border Protection's National Targeting Center International Interdiction Task Force provided additional assistance.

Deputy Assistant Director William Ferrari of the State Department's DSS Office of Investigations noted the agency's role in the case. "Through our global presence and expertise in visa fraud investigations, DSS will continue working with our law enforcement partners to identify abuses of U.S. visa programs and hold alleged offenders accountable."

The case is being prosecuted by Trial Attorney Sean F. Mulryne of the Criminal Division's Human Rights and Special Prosecutions Section, along with Assistant U.S. Attorneys Marcela C. Mateo and Makeia R. Jonese for the Southern District of Georgia.

Source: DOJ Justice News