Guatemalan man charged with fraudulently obtaining custody of migrant children

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Vikas Khanna, U.S. Attorney | U.S. Attorney's Office for the District of New Jersey

Guatemalan man charged with fraudulently obtaining custody of migrant children

A Guatemalan national has been charged with allegedly submitting false sponsorship applications to the Department of Health and Human Services’ Office of Refugee Resettlement (ORR) in order to gain custody of two unaccompanied alien children. The charges were announced by U.S. Attorney Alina Habba and Attorney General Pam Bondi.

Luciano Tinuar Quino, also known as "Luciano Tinuar Guino," a 57-year-old citizen and resident of Guatemala, faces two counts of making false statements. If convicted, he could receive a maximum penalty of five years in prison for each count along with a $250,000 fine.

"This prosecution is an example of my office’s dedication to keeping children safe. We will relentlessly pursue and 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 tolerance for those who prey on the vulnerable," stated U.S. Attorney Alina Habba.

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

According to the complaint, Tinuar Quino entered the United States unlawfully in 2016 and resided in Orange, New Jersey. In 2022, he allegedly submitted applications using aliases and false identity cards, claiming he was the father of two male Guatemalan unaccompanied alien children. ORR reportedly relied on these false statements when releasing one child into his care in May 2022 but withheld transfer of another due to concerns over his identity claims.

The investigation was conducted by the Federal Bureau of Investigation under Acting Special Agent in Charge Terence G. Reilly and Homeland Security Investigations under Special Agent in Charge Ricky J. Patel. The FBI’s Legat team in Guatemala, HSI’s Center for Countering Human Trafficking, and ORR provided valuable assistance.

The case is being prosecuted by Assistant U.S. Attorney Rebecca Sussman along with Senior Trial Attorney Christian Levesque and Trial Attorney Spencer M. Perry from various sections within the Department of Justice.

This case is part of Operation Take Back America, which aims to address illegal immigration and combat transnational criminal organizations through coordinated efforts within the Department's Project Safe Neighborhood initiative.

It is important to note that all charges are accusations at this stage, with defendants presumed innocent until proven guilty.