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Jason O. Garcia, Harboring an Illegal Alien, New York 2019

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Crackdown at the Lewiston Queenston Bridge

U.S. Attorney James P. Kennedy, Jr. announced today that 42-year-old Jason O. Garcia of Toronto, Ontario, and 43-year-old Jose Herrera-Galvaz, a citizen and native of Chile, were arrested and charged with harboring an illegal alien and attempted illegal entry respectively.

Garcia faces a maximum of five years in prison if convicted, while Herrera-Galvaz faces a six-month sentence if he is convicted. Assistant U.S. Attorney Meghan A. Tokash is handling the case.

The incident occurred on August 5, 2019, at the Lewiston Queenston Bridge Port of Entry in Buffalo, N.Y. Garcia was driving a commercial truck with Ontario, Canada plates when he attempted to enter the United States. During primary inspection, Garcia stated that no one else was present in the truck, but a CBP Officer later observed Herrera-Galvaz exiting the truck and walking into the warehouse.

Herrera-Galvaz was located in the hallway of the warehouse, appearing nervous and speaking Spanish. A search of his person revealed a Chilean passport, bearing his photograph and biographical information, concealed in his pants.

A subsequent record check determined that Herrera-Galvaz was refused entry to the United States under the Visa Waiver Program at the Toronto, Ontario Pre-flight Inspection Station on August 4, 2019. He was refused entry for failing to disclose an arrest in Chile on his Electronic System for Travel Authorization (ESTA) application.

The defendants made an initial appearance before U.S. Magistrate Judge Michael J. Roemer and were detained. The investigation was conducted by Customs and Border Protection, under the direction of Director of Field Operations Rose Brophy.

The fact that a defendant has been charged with a crime is merely an accusation and the defendant is presumed innocent until and unless proven guilty. The case is a stark reminder of the importance of border security and the need for vigilance in preventing attempted illegal entry into the United States.

According to the complaint, Garcia and Herrera-Galvaz’s actions demonstrate a blatant disregard for U.S. laws and regulations. Their attempted entry into the country highlights the ongoing threat of human smuggling and the need for continued cooperation between law enforcement agencies to prevent such crimes.

As the investigation continues, it is clear that Garcia and Herrera-Galvaz will face the consequences of their actions. Their case serves as a warning to others who would attempt to circumvent U.S. laws and enter the country illegally.

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