Guatemalan Man Who Unlawfully Resided in the United States Charged with Fraudulently Sponsoring Unaccompanied Alien Children

 

A Guatemalan national was charged in a criminal complaint filed in the District of New Jersey for allegedly submitting sponsorship applications with false statements to the U.S. government to gain custody of two unaccompanied alien children (UACs) after they entered the United States illegally.

“The prior administration’s border policies created chaos and allowed bad actors to prey upon the most vulnerable among us,” said Attorney General Pamela Bondi. “This Department of Justice will always seek strong legal penalties to protect children from those who would do them harm.”

“This prosecution is an example of my office’s dedication to keeping children safe,” said U.S. Attorney Alina Habba for the District New Jersey. “We will continue to bring to justice those who take advantage of our country’s Unaccompanied Alien Children program and threaten the safety of our community. There will be zero toleration for those who prey on the vulnerable.”

“This was a clear attempt from an individual unlawfully in the United States seeking to undermine our laws and target children, and the FBI will not tolerate it,” said FBI Director Kash Patel. “We remain laser-focused on ensuring people who come into the United States intending to wreak havoc and intentionally violate our rule of law will face serious consequences.”

According to the criminal complaint, Luciano Tinuar Quino, also known as Luciano Tinuar Guino, 57, who unlawfully entered the United States in 2016 and previously resided in the area of Orange, New Jersey, submitted multiple applications to the Department of Health and Human Services’ Office of Refugee Resettlement (ORR) under penalties of perjury to sponsor and obtain custody of two UACs.

As alleged in the complaint, after a 15-year-old Guatemalan male (UAC-1) illegally entered the United States in April 2022, Tinuar Quino submitted to sponsor this UAC that falsely: (1) claimed to be his father; (2) claimed his own name was “A.S.T.” as listed on a Guatemala national identification card he submitted; and (3) provided his date of birth. To prove his relationship with UAC-1, Tinuar Quino submitted a photoshopped image, which he asserted was a photo of himself with UAC-1’s mother.  As a result, the boy was transported from Texas to New Jersey to live with Tinuar Quino.

Tinuar Quino allegedly submitted to ORR to falsely demonstrate his identity as A.S.T. and falsely claim he was UAC-1’s father.(2)

Tinuar Quino allegedly submitted to ORR to falsely demonstrate a father-son relationship with UAC-1 and to assert that the clearly photoshopped woman was UAC-1’s mother. 

Tinuar Quino is also charged with submitting false information in an attempt to obtain custody of another UAC. Specifically, the complaint charges that in June 2022, Tinuar Quino submitted an application to sponsor a 17-year-old Guatemalan male (UAC-2) who had entered the United States illegally. As alleged, Tinuar Quino falsely: (1) claimed to be UAC-2’s father; (2) stated that his name was “J.R.M.” as listed on a Guatemala national identification card he submitted; and (3) provided his date of birth. ORR did not approve this application.   

Tinuar Quino allegedly submitted to ORR to falsely demonstrate his identity as J.R.M. and falsely claim he was UAC-2's father (2)

“Attempting to exploit the sponsorship system to gain custody of unaccompanied alien children puts those minors at serious risk,” said U.S. Immigration and Customs Enforcement (ICE) Acting Director Todd Lyons. “ICE works alongside our law enforcement partners to prevent trafficking and exploitation by individuals falsely claiming to be family. ICE remains firmly committed to detecting deception, upholding the integrity of the immigration process, and, above all, protecting these at-risk children.”

“Protecting children means holding individuals accountable when they use deception to exploit our systems,” said ORR Acting Director Angie M. Salazar. “ORR acted swiftly to identify the fraud and share with our law enforcement counterparts who located the children and ensured justice was served.”

Tinuar Quino is charged with two counts of making a false, fictitious, or fraudulent statement. If convicted, he faces a maximum penalty of five years in prison on each count. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

These charges are the result of the coordinated efforts of Joint Task Force Alpha (JTFA). JTFA, a partnership with the Department of Homeland Security (DHS), has been elevated and expanded by the Attorney General with a mandate to target cartels and other transnational criminal organizations to eliminate human smuggling and trafficking networks operating in Mexico, Guatemala, El Salvador, Honduras, Panama, and Colombia that impact public safety and the security of our borders. JTFA currently comprises detailees from U.S. Attorneys’ Offices along the southwest border. Dedicated support is provided by numerous components of the Justice Department’s Criminal Division, led by the Human Rights and Special Prosecutions Section (HRSP) and supported by the Money Laundering and Asset Recovery Section, the Office of Enforcement Operations, and the Office of International Affairs, among others. JTFA also relies on substantial law enforcement investment from DHS, FBI, DEA, and other partners. To date, JTFA’s work has resulted in more than 365 domestic and international arrests of leaders, organizers, and significant facilitators of alien smuggling; more than 334 U.S. convictions; more than 281 significant jail sentences imposed; and forfeitures of substantial assets.

The FBI and ICE HSI Newark field offices are jointly investigating with assistance from the FBI’s Legal Attaché team in Guatemala. Additionally, HSI’s Center for Countering Human Trafficking in Washington, D.C., and ORR have provided valuable assistance.

Senior Trial Attorney Christian Levesque of HRSP, JTFA Trial Attorney Spencer M. Perry of the Criminal Division’s Fraud Section, and Assistant U.S. Attorney Rebecca Sussman of the District of New Jersey are prosecuting the case, with assistance from HRSP Analyst/Latin America Specialist Joanna Crandall.

This case is part of Operation Take Back America, a nationwide initiative that marshals the full resources of the Department of Justice to repel the invasion of illegal immigration, achieve the total elimination of cartels and other transnational criminal organizations, and protect our communities from the perpetrators of violent crime. Operation Take Back America streamlines efforts and resources from the Department’s Project Safe Neighborhoods.

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