Federal Indictment Alleges H-2A Visa Scheme Used to Import and Exploit Farm Workers in Georgia

A federal indictment unsealed this week outlines an alleged labor-trafficking scheme centered in Georgia. Prosecutors accuse five individuals of improperly using the H-2A seasonal agricultural worker program to bring foreign farm workers into the United States and then exploiting them once they arrived.

The indictment names five defendants: Martha Aquino (61), Evangelina Aquino De Galvan (49), Julio Cervantes (38), Marco Cervantes (41), and Juan Felipe Romero-Lopez (31). According to the unsealed filings, the defendants face a mix of immigration- and fraud-related criminal counts.

Prosecutors say the defendants obtained H-2A visas for foreign workers through fraud. Once the workers arrived in the U.S., the indictment alleges the defendants forced them to hand over payments, confiscated passports, and threatened violence to keep them working on the farms. When workers' visas expired, the indictment alleges the defendants enabled them to remain in the country unlawfully and offered to transport them to other regions for work in exchange for payment.

The indictment charges Aquino, Aquino De Galvan, and Julio Cervantes with conspiring to commit visa fraud, visa fraud, and encouraging and inducing aliens to enter the United States illegally for commercial advantage and private gain. Marco Cervantes faces conspiracy to commit visa fraud and visa fraud counts. Juan Felipe Romero-Lopez is charged with conspiring to commit visa fraud and with being an illegal alien in possession of a firearm.

Martha Aquino, Julio Cervantes, and Marco Cervantes have been arrested. Juan Felipe Romero-Lopez is already in federal custody on prior weapons charges. Evangelina Aquino De Galvan is listed as still at large.

U.S. Attorney Margaret E. Heap is quoted in the coverage saying, "Those who exploit immigrant workers and abuse the H-2A visa program for their own financial gain will be held accountable." The Justice Department said it will coordinate with federal, state, and local agencies to protect workers and safeguard the H-2A program.

The H-2A visa program allows agricultural employers to hire foreign nationals for temporary farm work. The article notes the program has been flagged in coverage as susceptible to abuse and fraud, with critics saying employers can use it to access cheaper and more compliant labor. The indictment is presented as an example of alleged misuse that federal prosecutors are targeting.

Key developments to follow include the capture or surrender of the defendant who is at large, any additional charges or victims identified in the case, and whether federal agencies pursue administrative penalties or debarments related to the employers involved. Court filings and hearings will provide further factual detail about how the visas were obtained and how the alleged exploitation operated.