Source: Office of United States Attorneys
Employees were living in storage area with only one exit, sleeping on mattresses and rarely had hot water
BROWNSVILLE, Texas – Two owners of Abby’s Bakery, located in Los Fresnos, have been convicted following the discovery of illegal aliens at their business, announced U.S. Attorney Nicholas J. Ganjei.
The jury deliberated for approximately three hours following a three-day trial before finding Leonardo Baez-Lara, 56, and Alicia Avila-Guel, 46, guilty on two counts of harboring aliens and conspiracy to do so.
The married couple are both legal permanent residents who resided in Los Fresnos and owned and operated Abby’s Bakery and Dulce’s Café in Los Fresnos since 2012. The investigation began after authorities discovered the pair were potentially employing and housing illegal aliens within their restaurant.
At trial, the jury heard about an enforcement action that occurred Feb. 12 at that location. Authorities had identified several employees and others who were in the United States illegally or in the country under B1/B2 visas without having the right to work.
Testimony revealed Baez-Lara and Avila-Guel illegally hired these individuals to work in their restaurant while harboring them.
The jury heard about a room the pair had provided for employees in the same shopping plaza as the restaurant. It was a rectangular room with mattresses on the floor and housed two employees at the time of inspection who were unauthorized to work in the United States. Testimony revealed the room was originally an insurance office which became repurposed as a storage area for kitchen equipment. Authorities also found electrical wires which, coupled with the absence of a fire extinguisher and only one entrance, resulted in a safety risk for the inhabitants.
As more workers became employed, the couple provided this area for several individuals who did not have the right to work legally in the United States. Testimony showed that between five to six adults were residing in the room with the head baker living there for more than two years.
The jury also heard that for the prior four months before the arrests, the workers had hot water on only two occasions.
Evidence showed that the worksite enforcement action also resulted in the discovery of two illegal aliens unlawfully present in the country and six B1/B2 Visa holders who did not have the right to work in the United States.
Testimony also revealed that the business failed to file proper paperwork declaring its workers, paid its workers in cash and failed to follow their accountant’s advice to stop paying employees in cash.
One worker had arrived at the bakery upon a referral from a friend in Mexico. After entering the United States illegally, he had a brief interview regarding his abilities as a baker and was immediately offered a job and a place to stay.
Further testimony revealed another worker had been working at the bakery despite not having the right to do so before being removed during Covid. Upon reentering the country illegally, he was able to have Baez-Lara contacted and was then given a ride back to Los Fresnos where he was able to continue his work and continue to live there.
The defense attempted to convince the jury the owners only offered shelter to the aliens and that testimony did not reveal harboring took place. The jury did not believe those claims and found them guilty as charged.
“The jury’s verdict vindicates the American people’s mandate that our immigration laws be fully enforced,” said Ganjei. “Business owners who put profits over their fellow citizens by harboring illegal aliens should be advised that the Southern District of Texas will not look the other way.”
“The jury’s verdict affirms that the defendants knowingly conspired to harbor individuals in the country illegally, committed two separate acts of harboring, and did so for personal financial gain,” said Special Agent in Charge Craig Larrabee of Immigration and Customs Enforcement – Homeland Security Investigations (ICE-HSI) San Antonio. “These actions not only violate federal immigration laws but also exploit vulnerable individuals for profit. This conviction sends a clear message: those who engage in human smuggling and harboring for financial benefit will be investigated, prosecuted and held accountable to the fullest extent of the law.”
U.S. District Judge Fernando Rodriguez Jr. presided over trial and set sentencing for Nov. 18. At that time, Baez-Lara and Avila-Guel face up to 10 years in federal prison as well as a possible $250,000 maximum fine. They are also looking at potentially losing their residency status.
ICE-HSI conducted the investigation.
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 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 Organized Crime Drug Enforcement Task Forces and Project Safe Neighborhood.