"Fake father" forced 12 yr old to work at Palm Beach County ag farms in labor trafficking scheme, says DOJ

A Guatemalan national was sentenced to eight years in prison for his role in a labor trafficking scheme of a 12 year old boy, announced the U.S, Department of Justice, Southern District of Florida earlier today.

In a press release posted January 13, 2020 the U.S. Attorney for the Southern District of Florida and a Special Agent in Charge of the U.S. Immigration and Customs Enforcement’s, Homeland Security Investigations (ICE-HSI) Miami Field Office made the announcement.

Court records reveal the Guatemalan national obtained fake identification in order to pose as the 12 year old boys' father (think "fake families" attempting to illegally enter the U.S.) who then lied to Customs and Border Protection about being the boy's father and unfortunately were released as a family unit. 

Based on the "fake family" lie, both made their way to Florida where, it was announced the fake father obtained a fake ID and forced the BOY to work at agricultural farms throughout Palm Beach County (emphasis mine):

"Beginning in December 2016, the Guatemalan national obtained false identification for the 12 year-old boy and forced him to work at agricultural farms throughout Palm Beach County for more than 6 months to repay a debt from the human smuggling venture.  The boy was eventually able to escape and reported his victimization during the course of the labor trafficking scheme. 

Walfre Eliseo Camposeco-Montejo, 35, of Guatemala, previously pled guilty to providing and obtaining forced labor, alien smuggling, and unlawfully transporting aliens.  On Friday, January 10, 2020 U.S. District Judge Roy K. Altman sentenced Camposeco-Montejo to a total of 96 months in prison, to be followed by 3 years of supervised release."  

Side note:

The 2020 session of the Florida Legislature will convene in Tallahassee tomorrow, January 14. Passage of an E-Verify law is among the major initiatives Governor DeSantis has announced for this legislative session.

E-Verify, authorized by Congress and signed into law by former President Bill Clinton through the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), is a web-based system through which employers electronically confirm the employment eligibility of their employees.

Federal law requires employers hire only U.S. citizens and aliens who are authorized to work in the country and its a darn shame Florida Senate President Bill Galvano continues to stubbornly resist supporting SB 664, a bill that would codify into state law that which is already federal law---verify all new employees at all Florida businesses---in the hopes of thwarting labor trafficking schemes.

Yet another reason why Florida needs E-Verify

Three officers of a corporation based in Fort Pierce, Florida were each sentenced in Federal court earlier this month for knowingly hiring ninety-two illegal aliens in a conspiracy to conceal and harbor them for commercial advantage and profit, announced the U.S. Department of Justice.

According to a press release published by the U.S. Attorney's Office, Southern District of Florida, TentLogix, Inc corporate officer Gary Hendry, 52, of Jenson Beach, Florida, and two other corporate officers were sentenced on December 20, 2019:

"TentLogix, Inc. and its corporate officers Hendry and Dennis Birdsall, 41, of Stuart, Florida, and Kent Hughes, 53, of Jenson Beach, previously pled guilty for their involvement in the conspiracy (Case No. 19-CR-14035).  

TentLogix was sentenced to 4 years of probation, to include the implementation of a corporate compliance program.  In addition, TentLogix was ordered to forfeit $3,033,946.46 to the United States.  Hendry was sentenced to one year and one day in prison. He was also ordered to forfeit $282,789 to the United States and pay a $75,000 fine.  Birdsall was previously sentenced to 5 years of probation.  Birdsall was also ordered to forfeit $170,943 to the United States and pay a $15,000 fine.  Hughes was previously sentenced to 3 years of probation.  Hughes was also ordered to forfeit $80,000 to the United States and pay a $7,500 fine. "

The press release lays out the findings from the court record, emphasizing the employment of ninety-two aliens who entered the country illegally and the scheme concocted in defiance of our laws to purposely conceal them from TentLogix payroll (emphasis mine):

 "According to the court record, from January 2016 to March 2018, TentLogix employed approximately ninety-two aliens knowing those individuals had entered and remained in the United States unlawfully.  During this time frame, a large portion of TentLogix’s workforce in the Southern District of Florida was comprised of aliens who were not authorized to work in the United States. 

While TentLogix was being investigated by HSI for violations of federal immigration law, Hendry, the chief executive officer of TentLogix, Birdsall, the president of TentLogix, and Hughes devised a scheme to “transfer” the aliens employed by TentLogix to KH Services, LLC, a company owned by Hughes, so that they no longer appeared on TentLogix’s payroll.  

Hendry was the architect of the unlawful scheme and recruited Hughes, a childhood friend, to participate.  Hughes formed KH Services, LLC for the sole purpose of concealing, harboring, and shielding the aliens employed by TentLogix from HSI’s investigation.  Hendry directed Birdsall to make a supervisor (“GMC”) at TentLogix aware of the scheme.  At Hendry’s behest, Birdsall directed the supervisor to tell the aliens employed by TentLogix to obtain new identities, including social security numbers, which GMC did, so that they could be “transferred” to KH Services, LLC. "

E-Verify, authorized by Congress and signed into law by former President Bill Clinton through the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), is a web-based system through which employers electronically confirm the employment eligibility of their employees.

The guilty pleas and sentencing of TentLogix officers for defying Federal law requiring employers hire only U.S. citizens and aliens who are authorized to work in the country come on the heels of news accounts that Florida Senate President Bill Galvano does NOT support a mandate on private business use the federal government’s E-Verify system.

From WUSF Public Media:

"Gov. Ron DeSantis wants all Florida businesses to use a system to prevent undocumented immigrants (inserted by me: system to ensure Florida businesses follow the IIRIRA) from getting jobs in the state, but a powerful Republican leader is pushing back against the proposal. 

Senate President Bill Galvano said this week he does not support a measure that would force Florida's private employers to use the federal government's E-Verify system, which checks to see if new hires are authorized to work in the U.S."

Could E-Verify have prevented the death of a Florida snowbird?

As more details emerge about the circumstances surrounding the forklift operator arrested for the fatal death of a Canadian snowbird in a hit-and-run crash in Fort Lauderdale, a question that should really be asked is "could this death have been prevented if Florida had passed a mandatory E-Verify bill for businesses?"

Let's back up a few days.

Several South Florida media outlets including WSVN and Local10.com reported the November 17, 2019 arrest of a forklift operator accused with the fatal hit-and-run crash into a Mercedes in Fort Lauderdale.

Broward County public records reveal 30-year-old Ulises Alberto Mondragon Umanzor was arrested on charges of leaving the scene of a fatal crash, driving without a license and failure to stop at a stop sign.

From Local10.com (emphasis mine):

"A black Mercedes-Benz convertible was traveling south on Seabreeze Boulevard approaching Poinsetta Street when it crashed into a forklift being driven to a nearby construction site. 

Police said the driver of the convertible was struck by the forks as they protruded out into Seabreeze Boulevard. 

Witnesses said the operator of the forklift, identified as Ulises Alberto Mondragon Umanzor, drove away after the crash and headed towards the construction site where he was working. 

A police probable cause affidavit shows that Mondragon Umanzor had a suspended drivers' license and didn't have a license to operate heavy machinery."

WSVN in Miami reported the driver, James Zakos — a father of two and former restaurant owner from Canada– was a snowbird who loved to be in South Florida driving his convertible and enjoying the weather

Public records under Broward County case number 19013717CF10A  also reveal Mondragon Umanzor is subject to an ICE hold meaning he is not lawfully present in the United States.

To recap:

• Public records reveal the forklift operator is not lawfully present in the U.S.
• Law enforcement records show the forklift operator had a suspended drivers' license
• Law enforcement records reflect the forklift operator didn't have a license to operate the forklift

OSHA (Occupational Safety and Health Administration) imposes fines and penalties on forklift operators and employers.

According to Forkliftlicenseguide.com.

• In December 2010, OSHA penalized a freight carrier company in Rhode Island for $76,000 after an operator suffered foot injury. The authority determined many counts where the lift truck was being operated incorrectly, resulting in worker injury.

• In February 2013, OSHA imposed $91,000 fines against a Chicago-based company after a worker was injured in an accident involving company’s forklift. The case arose when an OSHA inspector found lapses in the company training of the operator and a check of its license.

• In October 2014, a transportation firm located in Michigan was cited for willful and repeated OSHA violations. The alleged violations ranged from simple non-provision of fall protection to defective and non-maintenance of lift trucks. The company faced $145,000 monetary fine.

• In April 2016, OSHA cited several citations against United States Postal Office in its Iowa center. The complaint started when a person exposed that lift truck operators are jeopardizing their safety when handling loads and driving the trucks without clear view or visual to the direction. Despite this, USPS failed to rectify the violations. There are three violations, two repeated and one serious. The facility is now facing $88,000 fines.

Do you see why these OSHA rules exist?

Any forklift in the hands of an untrained unskilled unlicensed operator should be considered a lethal weapon. According to mccue.com, it shouldn't come as a surprise that a forklift is a dangerous piece of machinery. There are some pretty grim accident statistics to back up the notion that, in reality forklifts account for 1% of all warehouse or factory accidents, however the accidents tend to be more serious than others accounting for 10% of all physical injuries in the workplace.

Five Accident Statistics

• Forklifts account for around 85 deaths every year.
• Forklift accidents that result in serious injury total 34,900 annually.
• Non serious injuries related to forklift accidents reached 61,800 each year.
• A forklift overturning is the most common accident, accounting for 24% of all forklift accidents.
• "If companies implemented more stringent training policies, the Occupational Safety & Health Administration (OSHA) estimates that about 70% of forklift accidents in the US could be prevented “

Then there's the matter of Umanzor being subject to an ICE (Immigration and Customs Enforcement) hold, meaning he is not lawfully present in the U.S. Did Umanzors employer voluntarily use E-Verify to confirm his employment eligibility? It's certainly a legitimate question to ask. 


E-Verify, authorized by Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), is a web-based system through which employers electronically confirm the employment eligibility of their employees.

From USCIS website:

In the E-Verify process, employers create cases based on information taken from an employee’s Form I-9, Employment Eligibility Verification. E-Verify then electronically compares that information to records available to the U.S. Department of Homeland Security (DHS) and the Social Security Administration (SSA).

The employer usually receives a response within a few seconds either confirming the employee’s employment eligibility or indicating that the employee needs to take further action to complete the case.

E-Verify is administered by SSA and U.S. Citizenship and Immigration Services (USCIS). USCIS facilitates compliance with U.S. immigration law by providing E-Verify program support, user support, training and outreach, and developing innovative technological solutions in employment eligibility verification.

A January 2011 GAO report on E-Verify acknowledged USCIS took multiple steps to improve the accuracy of of the E-Verify system, including expanding the number of databases queried through E-Verify. 

And in 2012; one year after the GAO report was made public in 2011, the State of Florida joined the Records and Information from DMVs for E-Verify (RIDE) for drivers licenses and ID cards.

Could the death of this Canadian snowbird have been prevented if Florida had passed a mandatory E-Verify for businesses bill? 

The Florida Legislature will have the opportunity to publicly debate that very topic of Mandatory E-Verify for business again once the 2020 Legislative session convenes in January.

SB 664 is the Verification of Employment Eligibility bill filed in the Florida Senate. Introduced by Senator Tom Lee and co-introduced by Senator Joe Gruters, if passed and signed into law, the Act would require employers to register with and use the E-Verify system beginning on a specified date to verify the employment eligibility of new employees.

The information related to forklift deaths and forklift accidents only represents a small concern for the overall number of individuals who are unskilled, untrained, and in many cases undocumented in our workforce.

We need to bring this practice to a halt and make companies realize that Mandatory E-Verify is a method for Florida employer’s to save money as opposed to spending money for injury, loss of life, fines, penalties, and other damages they incur by hiring undocumented immigrants.

Tampa, Florida H1-B visa employer to use E-Verify

A Tampa, Florida based Information Technology staffing and solutions firm was recognized by the Department of Homeland Security Investigations (HSI) for their commitment to maintain a legal workforce and curtail the employment of unauthorized workers through education and training.

According to a news release from U.S. Immigration Customs and Enforcement, SRI Tech Solutions, Inc has been recognized by Homeland Security Investigation’s (HSI) employment compliance program called IMAGE at a recent ceremony.

• The Departments IMAGE certification program, which stands for ICE Mutual Agreement between Government and Employers, requires companies to perform four requirements:

• Complete the IMAGE Self-Assessment Questionnaire (application)

• Enroll in the E-Verify program within 60 days

• Establish a written hiring and employment eligibility verification policy that includes internal Form I-9 audits at least once per year, and

• Submit for a Form I-9 inspection

The ICE news release noted SRI Tech Solutions, Inc. headquartered in Tampa, Florida, has additional offices in Sterling, Virginia, and Waltair Ward, Visakhapatnam, India.  SRI Tech Solutions, Inc. currently has over 80 employees.

"The Department of Homeland Security (DHS) E-Verify employment eligibility verification program enables employers to verify that newly hired employees are eligible to work in the United States. This Internet-based system is available throughout the nation and is free to employers. It provides an automated link to the Social Security Administration database and DHS immigration records."

Data posted on the Save American Information Technology Jobs (SAITJ) website revealed SRI Tech Solutions Inc. participated in the H1-B visa program for the year 2017. 

Raids on Mississippi chicken plants and the intersection of fake documents, disparate impact and employer fines for not hiring illegal aliens

Legal filings out of the U.S. District Court for the Southern District of Mississippi provide some very interesting insight into the raids on the Mississippi chicken processing plants earlier this month.

In some cases cited in the affidavits, under the terms and conditions of ICE electronic-monitoring programs, people who wear the ankle monitors were not authorized to work in the United States . 

But as the affidavits also reveal, an employer challenging the authenticity of the documents presented by employees (let's say under suspicion of forgery, fake social security numbers, photos) used as part of the employment check process could result in the employer being charged with national origin discrimination for failure to hire an illegal alien.

From The Conservative Treehouse reference to a WaPo story on the issue:

"Now, at first review it might sound like the plant employers would be in big trouble; however, buried deep in the article is this statement from one of the employers (Koch Foods), that everyone should pay attention to:

Koch spokesman Jim Gilliland told The Post that Koch Foods risked violating federal law that bans discrimination on the basis of national origin for requesting documents beyond what an applicant provides, if those materials appear authentic.

I can tell you with 100% certainty that what Mr. Gilliland says there is absolutely accurate.  There are two sets of laws in conflict with each-other; and you can be sued, and/or fined, by the United States Department of Labor and/or the U.S. DOJ Civil Rights Division for not hiring illegal aliens.

If you question the authenticity of any applicants identity; and that applicant is one of a legally protected category (think “ethnicity” or “origin”); and the employers authenticity challenge results in a “disparate impact” of non-eligibility for employment – as determined by ethnicity (Latino); then you are in violation of U.S. labor laws.  This happens regardless of it being unlawful to hire illegal aliens.

If you challenge the presented documents, and all the outcomes of those challenges result in non-eligibility of Hispanics as a greater percentage than non-Hispanics, you are violating employment law under the DOJ (Civil Rights Division) definition of “disparate impact.”   In this example, and it is common (believe me), additional employment eligibility checks due to suspicions of false ID’s, is unlawful and legally risky."

We already know use of E-Verify is federal law under 8 USC 132a(d) and one Twitter user suggested an action President Trump could take to make it mandatory through Executive Action:

Exit question: How will President Trump and Attorney General Barr and Acting Secretary of Labor Pizzella deal with the disparate impact issue and DOL fines? Can they do it by eliminating the requirement an employer keep paper backup records of the documents provided as part of the employment check process?

Why Floridians should expect businesses to operate lawfully and have a legal workforce

Well lookie here. Two Honduran nationals not lawfully present in the United States allegedly partner with a third Honduran who is a naturalized U.S. citizen, establish a business  in Florida purportedly employing construction work crews mostly comprised of illegal aliens. 

Oh, and just three short months ago an immigration judge ordered one of the men deported back to Honduras. 

From the U.S. Attorneys Office, Middle District of Florida: 

Three Orlando Men Indicted For Scheme To Facilitate Employment Of Illegal Aliens And Evade Payroll Taxes And Workers’ Compensation Laws

Jacksonville, Florida – United States Attorney Maria Chapa Lopez announces the return of an indictment charging three Honduran nationals, Gregorio Fuentes-Zelaya (26), Santiago Erazo-Zelaya (25), and Dennis Barahona (36), with conspiracy to commit wire fraud. Fuentes-Zelaya is also charged with one count of conspiracy to commit tax fraud, five counts of wire fraud, and two counts of tax fraud. Additional charges against Erazo-Zelaya include one count of conspiracy to commit tax fraud, one count of wire fraud and one count of tax fraud. Barahona is also charged with one count of wire fraud.

Fuentes-Zelaya and Erazo-Zelaya are Honduran citizens who are illegally present in the United States. On May 8, 2019, an immigration judge ordered Erazo-Zelaya to be deported to Honduras. Barahona is a naturalized U.S. citizen from Honduras.

Read the rest here

No word if someones application to enter the United States or apply for citizenship will be subject to review for false statements or misrepresentations.

Tampa-based maintenance company recognized by Homeland Security employment compliance program

A locally owned and operated Tampa, Florida company was recognized by the Department of Homeland Security Investigations (HSI) for their commitment to maintain a legal workforce and curtail the employment of unauthorized workers through education and training.

The Departments IMAGE certification program, which stands for ICE Mutual Agreement between Government and Employers, requires companies to perform four requirements:

• Complete the IMAGE Self-Assessment Questionnaire (application)

• Enroll in the E-Verify program within 60 days

• Establish a written hiring and employment eligibility verification policy that includes internal Form I-9 audits at least once per year, and

• Submit for a Form I-9 inspection

"Established in 1981, Master Maintenance Inc. is a Tampa locally-owned and operated professional facility maintenance company that provides quality building maintenance services to commercial and industrial businesses. Master Maintenance Inc. cleans over twelve million square feet each night. Master Maintenance Inc. currently has over 80 employees."

Read more about the partnership announcement here.

Florida corporation, three officers indicted with conspiring to conceal, harbor aliens for profit, making false statements

From the U.S. Attorney's Office, Southern District of Florida

Tentlogix, Inc., a Florida corporation headquartered in Fort Piece, Florida and three of its corporate officers, Gary Hendry, Dennis Birdsall and Kent Hughes of Martin County, have been charged by indictment with conspiring to conceal and harbor aliens for the purpose of commercial advantage.  Hendry and Birdsall are also charged with making false statements to a federal agency. 

Ariana Fajardo Orshan, U.S. Attorney for the Southern District of Florida, and Anthony Salisbury, Special Agent in Charge for U.S. Immigration and Customs Enforcement, Homeland Security Investigations (ICE-HSI), Miami Field Office, made the announcement.

According to the indictment, beginning as early as January 2016, and continuing through March 2018, TentLogix, Hendry, and Birdsall recruited and employed aliens to work for TentLogix knowing and in reckless disregard of the fact that many of the aliens had entered and remained in the United States unlawfully, and were not authorized to work in the United States (Case No. 19-14035-CR-ROSENBERG/MAYNARD).  During the course of the conspiracy, a large portion of TentLogix’s workforce in the Southern District of Florida was comprised of aliens who were not authorized to work in the United States.  While TentLogix was being investigated by HSI, Hendry, Birdsall, and Hughes devised a scheme to “transfer” the aliens employed by TentLogix to KH Services, LLC, a company owned by Hughes, so that they no longer appeared on TentLogix’s payroll.  Hughes formed KH Services, LLC for the sole purpose of concealing, harboring, and shielding the aliens employed by TentLogix from HSI’s investigation.  Birdsall directed wire transfers to be sent from TentLogix’s bank account to KH Services, LLC’s bank account on a bi-weekly basis to cover the payroll expenses for the aliens who worked for TentLogix but were purportedly employed by KH Services, LLC.  Between May 2017 and March 2018, TentLogix transferred over $3,000,000 to KH Services, LLC in 23 separate wire transfers for the express purpose of paying aliens employed by TentLogix who were not authorized to work in the United States.

The indictment further alleges that in 2016, TentLogix generated more than $21,000,000 in gross receipts and $10,000,000 in gross profit from its business operations.  In 2017, Tentlogix allegedly generated more than $36,000,000 in gross receipts and $14,000,000 in gross profit from its business operations.  During the course of the conspiracy, a large portion of Tentlogix’s workforce in the Southern District of Florida was comprised of aliens who were not authorized to work in the United States. 

If convicted of the conspiracy charge, Hendry, Birdsall, and Hughes face up to 10 years in prison and a maximum fine of $250,000 or twice the loss or twice the gain caused by the offense.  TentLogix faces a maximum fine of $500,000 or twice the loss or twice the gain caused by the offense. If convicted of making false statements to a federal agency, Hendry and Birdsall face up to 5 years in prison and a maximum fine of $250,000 or twice the loss or twice the gain caused by the offense.

An indictment merely contains allegations.  A defendant is presumed innocent unless and until proven guilty in a court of law.

U.S. Attorney Fajardo Orshan commended the investigative efforts of HSI in this matter.  This case is being prosecuted by Assistant U.S. Attorney Michael D. Porter.

Related court documents and information may be found on the website of the District Court for the Southern District of Florida at www.flsd.uscourts.gov or at http://pacer.flsd.uscourts.gov.