Source: United States Department of Justice Criminal Division
Note: View a copy of the indictment here.
On Dec. 13, Colombian authorities arrested two men charged with human smuggling conspiracy for moving migrants through Colombia en route to the United States. In the course of that conspiracy, the defendants are alleged to have put lives in jeopardy, including by placing some of the 40 migrants and two boat captains on a boat that disappeared on its way to Nicaragua after leaving San Andres Island on Oct. 21, 2023.
Hernando Manuel de la Cruz Rivera Orjuela, 52, and Luis Enrique Linero Pinto, 40, both Colombian nationals, were arrested in Colombia at the request of the United States for their alleged roles in the transnational human smuggling operation, based on an indictment obtained on Oct. 23 from a federal grand jury sitting in the Western District of Texas.
According to the indictment unsealed yesterday, the defendants participated in a conspiracy that unlawfully smuggled migrants, transporting them from other locations to San Andres Island, and from there to Nicaragua via boats, north through Central America and Mexico, before reaching their final destination in the United States. Allegedly, Rivera Orjuela and Linero Pinto advised the migrants how to get to San Andres Island, personally received them once they arrived on the island, arranged for their accommodation, and brought them to the boats that transported them to Nicaragua so they could enter the United States illegally. Linero Pinto is alleged to have bribed uniformed service members of the Colombian Navy to acquire real-time intelligence about the position of Navy patrol vessels located between San Andres Island and Nicaragua, enabling the boats carrying migrants to avoid detection.
“Through coordination with our domestic and international law enforcement partners, we have secured the arrest of two Colombian nationals we allege took part in a human smuggling operation that resulted in the disappearance of a boat carrying 40 migrants,” said Attorney General Merrick B. Garland. “As this indictment makes clear, Joint Task Force Alpha (JTFA) continues to be one of the Justice Department’s most effective tools for countering insidious human smuggling operations that fuel suffering and exploitation.”
“For over three years, JTFA has deployed every tool at our disposal to disrupt and dismantle human smuggling networks,” said Deputy Attorney General Lisa Monaco. “This latest indictment demonstrates the Department’s continuing commitment to combat human smuggling across the Western hemisphere and bring those responsible to justice.”
“The indictment alleges that, as part of their participation in a conspiracy to smuggle migrants to the United States, these defendants put several migrants on the boat that disappeared off the coast of Nicaragua in October 2023,” said Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division. “This indictment reflects the importance of JTFA’s expansion to address human smuggling in and through Colombia. Today’s announcement also underscores the Criminal Division’s commitment to investigating and prosecuting the transnational criminal organizations whose business model puts human lives at risk for financial gain.”
“As alleged in the indictment, these defendants are charged for their roles in the disappearance of dozens of migrants, and the allegations detail many of the dangers we see too often in combating human smuggling — from bribery to the deadly risks migrants take every day,” said U.S. Attorney Jaime Esparza for the Western District of Texas. “I appreciate the combined efforts of JTFA, our international partners, and the prosecutors involved. These partnerships are essential in dismantling the criminal organizations that impact us all and prioritize illicit financial gain over human life.”
“These alleged conspirators orchestrated a complex human smuggling operation that recklessly risked human lives for ill-gotten gain,” said Executive Associate Director Katrina W. Berger of Homeland Security Investigations (HSI). “The devoted Special Agents of HSI work diligently to combat criminal enterprises that profit from the victimization of innocent people. HSI remains committed to dismantling human smuggling networks that exploit and subject their victims to hazardous and oppressive conditions. These transnational organizations profit by preying on vulnerable individuals, and HSI will continue to dismantle such operations.
The defendants are each charged with one count of conspiracy to encourage and induce unlawful aliens to come to, enter, and reside in the United States and with placing a life in jeopardy during that conspiracy. If convicted, the defendants face a maximum penalty of 20 years in prison and a fine of up to $250,000. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
HSI is leading the investigation with participation from their McAllen, El Paso, and Cartagena Field Offices. HSI’s Human Smuggling Unit, Customs and Border Protection’s National Targeting Center International Interdiction Task Force, and the Justice Department’s Office of Overseas Prosecutorial Development, Assistance and Training (OPDAT); Office of International Affairs (OIA); and Narcotic and Dangerous Drug Section (NDDS)’s Judicial Attaché Office in Bogotá provided valuable assistance. The Justice Department thanks Colombian law enforcement officials, who were instrumental in furthering this investigation.
JTFA Co-Director Jim Hepburn and Deputy Director Daria Andryushchenko of the Criminal Division’s Human Rights and Special Prosecutions Section (HRSP) and Assistant U.S. Attorney Jose Luis Acosta for the Western District of Texas are prosecuting the case.
The indictment of these defendants is the result of the coordinated efforts of JTFA. Attorney General Merrick B. Garland created JTFA in June 2021 to marshal the investigative and prosecutorial resources of the Justice Department, in partnership with the Department of Homeland Security (DHS), to combat the rise in prolific and dangerous smuggling and trafficking groups operating in Mexico, Guatemala, El Salvador, and Honduras. In June 2024, the initiative was expanded to Colombia and Panama to combat human smuggling in the Darién. JTFA comprises detailees from U.S. Attorneys’ Offices along the southwest border, including the Southern and Western Districts of Texas, District of New Mexico, District of Arizona, and Southern District of California. Dedicated support is provided by numerous components of the Justice Department’s Criminal Division, led by HRSP and supported by OPDAT, NDDS, the Money Laundering and Asset Recovery Section, Office of Enforcement Operations, OIA, and Violent Crime and Racketeering Section.
JTFA also relies on substantial law enforcement investment from DHS, FBI, the Drug Enforcement Administration, and other partners. To date, JTFA’s work has resulted in over 345 domestic and international arrests of leaders, organizers, and significant facilitators of human smuggling; over 290 U.S. convictions; over 240 significant jail sentences imposed; and forfeitures of substantial assets.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.