Guatemalan Smugglers Arrested in US and Mexico for 2021 Mass Casualty at US-Mexico Border

An international law enforcement operation culminated in the arrest of five Guatemalan nationals implicated in the tragic mass casualty event that occurred in Chiapas, Mexico, on December 9, 2021. The incident, a horrific truck crash involving a semi-trailer packed with approximately 160 migrants, many from Guatemala, resulted in over 50 fatalities and more than 100 injuries. This operation, executed through collaborative efforts between the U.S. Justice Department and Guatemalan authorities, marks the somber third anniversary of this devastating event at the US-Mexico border, highlighting the perilous journeys migrants undertake and the severe consequences of human smuggling.

Acting on provisional arrest warrants issued at the behest of the United States, Guatemalan law enforcement apprehended Tomas Quino Canil, 36; Alberto Marcario Chitic, also known as Alberto De Jesus, 31; Oswaldo Manuel Zavala Quino, also known as Osvaldo ZQ, 24; and Josefa Quino Canil De Zavala, 42. Concurrently, a fifth individual, Jorge Agapito Ventura, also a Guatemalan national, was taken into custody at his residence in Cleveland, Texas. All five have been formally indicted in the Southern District of Texas in connection to the extensive investigation into this mass casualty incident at the US-Mexico border.

The unsealed indictment reveals a conspiracy spanning from October 2021 to February 2023, wherein the accused allegedly collaborated with other smugglers to facilitate the perilous journey of migrants from Guatemala, through Mexico, ultimately aiming to reach the United States. Their alleged operations included recruiting vulnerable Guatemalan migrants, managing payments, and orchestrating their transportation. Disturbingly, evidence suggests that in cases involving unaccompanied minors, the smugglers provided pre-written scripts and instructions to be used if apprehended by authorities, showcasing a callous disregard for the migrants’ safety and well-being. Tragically, some of the migrants recruited by this network were among those who perished or sustained grave injuries in the catastrophic December 9, 2021, crash, a stark reminder of the human cost of mass casualty events at the US-Mexico border.

“The Justice Department is committed to ensuring accountability for those who exploit vulnerable migrants and bear responsibility for this atrocious crime that led to the deaths of over 50 individuals and injuries to more than 100 more. These charges and arrests serve as a clear warning to human smugglers: you will face justice for your deadly actions,” stated Attorney General Merrick B. Garland. He further emphasized the impact of Joint Task Force Alpha (JTFA), launched over three years prior, which has resulted in over 330 domestic and international arrests and more than 275 convictions for smuggling offenses, accompanied by significant prison sentences and asset forfeitures. “We will relentlessly pursue collaborative efforts across agencies and international borders to eradicate the scourge of human smuggling,” Garland affirmed, underscoring the ongoing commitment to addressing mass casualty risks at the US-Mexico border.

Secretary of Homeland Security Alejandro N. Mayorkas echoed this sentiment, stating, “Today, individuals allegedly responsible for a heinous crime—one that resulted in the senseless deaths of over 50 migrants and injuries to over 100 others—are being held accountable, thanks to the diligent investigative work of Department of Homeland Security (DHS) agents and our federal and international partners.” Mayorkas highlighted the Chiapas tragedy as further proof of the ruthless and dangerous nature of human smugglers, cautioning migrants against believing their deceptive promises. “DHS will continue its relentless efforts to disrupt and dismantle illegal human smuggling operations and ensure that those who perpetrate such horrors are brought to justice,” he asserted, reinforcing the focus on preventing future mass casualty events at the US-Mexico border.

Principal Deputy Assistant Attorney General Nicole M. Argentieri, head of the Justice Department’s Criminal Division, emphasized the devastating consequences of the alleged conspiracy. “The indictment unsealed today alleges that the defendants conspired to smuggle Guatemalan migrants, including minors, to the United States, and that some of these migrants tragically died when the tractor-trailer they were riding in overturned in Chiapas, Mexico,” Argentieri stated. “Today’s announcement—on the third anniversary of the victims’ deaths—demonstrates the Criminal Division’s unwavering commitment to holding smugglers accountable, regardless of their location, for their utter disregard for human life in their relentless pursuit of profit. I commend the exceptional work of the prosecutors and investigators of JTFA and express gratitude for our partnership with Guatemalan authorities, whose assistance was crucial in this investigation and prosecution,” she concluded, highlighting the international cooperation vital to addressing mass casualty incidents occurring near the US-Mexico border.

U.S. Attorney Alamdar Hamdani for the Southern District of Texas poignantly reflected on the location of the tragedy. “Three years ago today, in Chiapas, Mexico, a place renowned for its natural beauty and rich culture, a scene of unimaginable tragedy unfolded,” Hamdani said. “Our investigation into this catastrophic event, which claimed the lives of over 50 people, including children, underscores the steadfast commitment of the Southern District of Texas to hold human smugglers accountable, irrespective of where their actions or the resulting harm occur. While this crash happened beyond our borders, the pursuit of justice must transcend geographical boundaries. Today, we reaffirm our dedication to ensuring that those allegedly responsible for exploiting the vulnerabilities of families seeking refuge and opportunity face the full force of the law,” he asserted, emphasizing the reach of justice even in mass casualty cases originating outside the immediate US-Mexico border region.

HSI Executive Associate Director Katrina W. Berger acknowledged the tireless work of law enforcement. “Homeland Security Investigations (HSI) special agents, alongside our law enforcement partners from JTFA, worked relentlessly to investigate, locate, and apprehend those responsible for this heinous act,” Berger stated. “Now, three years later, I stand proudly with our colleagues from the Justice Department to announce these apprehensions. HSI remains dedicated to dismantling human smuggling networks that exploit and deceive migrants, often subjecting them to dangerous and abusive conditions. These illicit organizations profit by preying on vulnerable populations, and HSI works diligently to disrupt their operations. I express sincere appreciation to all our law enforcement partners in the United States, Guatemala, and Mexico for their invaluable work in bringing this investigation to fruition,” she concluded, recognizing the collaborative effort needed to combat human smuggling and prevent mass casualty events along routes leading to the US-Mexico border.

The investigation was spearheaded by HSI’s Global Investigation Group in Washington D.C., in collaboration with HSI Guatemala and HSI Mexico, with significant support from various agencies and international partners. The prosecution is being handled by Trial Attorney Danielle Hickman of the Criminal Division’s Human Rights and Special Prosecutions Section (HRSP) and Assistant U.S. Attorney Jennifer Day for the Southern District of Texas.

The indictment is a direct outcome of JTFA’s coordinated efforts, established by Attorney General Merrick B. Garland in June 2021 to combat the escalating threat of human smuggling and trafficking groups operating in Mexico, Guatemala, and other Central American nations. JTFA’s comprehensive approach has led to numerous arrests, convictions, and asset forfeitures, demonstrating a significant impact on dismantling human smuggling networks and addressing the factors that contribute to mass casualty risks at the US-Mexico border.

It is important to note that an indictment is merely an accusation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.

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