Federal judge issues scathing order highlighting DHS’s criminal activity

The order was issued one day after he sentenced Mirtha Nava-Martinez to 10 months in prison for transporting an illegal alien child within the United States for the purpose of commercial advantage and private financial gain. On May 18, Nava-Martinez, a resident alien and admitted human trafficker, was arrested at the Brownsville, Texas/Matamoros, Mexico Bridge checkpoint while trying to smuggle a child, Y.P.S., into the United States using a birth certificate that belonged to one of her daughters. The conspiracy was initiated when Patricia Elizabeth Salmeron Santos, who is residing illegally in the United States, solicited human traffickers to smuggle her daughter “Y.P.S.” from El Salvador to Virginia. Salmeron Santos, who applied for a tourist visa in 2000 but was turned down, subsequently China Business Visa application form entered the United States illegally and currently resides in Virginia. Salmeron Santos admitted to hiring alien smugglers for $8,500 to transport her child from El Salvador to Virginia and paid $6,000 in advance. That criminal conspiracy was temporarily interrupted when Nava-Martinez was arrested. However, Hanen pointed out, “Despite this setback, the goal of the conspiracy was successfully completed thanks to the actions of the United States government,” and said his court was quite concerned with DHS’ policy “of completing the criminal mission of individuals who are violating the border security of the United States.” Customs and Border Protection (CBP) agents stopped Nava-Martinez at the border inspection point, where she was arrested, the child was taken into custody and DHS officials were notified Salmeron Santos instigated the illegal conduct. Hanen stated, “Yet, instead of arresting Salmeron Santos for instigating the conspiracy to violate China Visa Services our border security laws, the DHS delivered the child to her – thus successfully completing the mission of the criminal conspiracy. It did not arrest her. It did not prosecute her. It did not even initiate deportation proceedings for her. This DHS policy is a dangerous course of action.” Because the government’s actions were not performed in connection with a sting operation or controlled delivery situation, Hanen stated DHS was actually assisting the criminal conspiracy in achieving its illegal goals instead of enforcing our border security laws. In fact, he said DHS’ actions were in furtherance of Y.P.S.’s illegal presence in the United States by completing the mission of the conspiracy initiated by Salmeron Santos. Hanen said, “In summary, instead of enforcing the laws of the United States, the government took direct steps to help the individuals who violated it. A private citizen would and should be prosecuted for this conduct.”