U.S. Attorney Michael DiGiacomo announced the arrest and charging of Jose Antonio Barcena-Ruiz, a 41-year-old Mexican citizen, with illegal re-entry into the United States. The charge carries a potential sentence of up to two years in prison and a $250,000 fine.
According to Special Assistant U.S. Attorney Michael J. Smith, who is managing the case, Homeland Security Investigations and Immigration and Customs Enforcement officials encountered Barcena-Ruiz on May 31, 2025. He was found in a vehicle with three others in Clarence, NY. During questioning about his citizenship, Barcena-Ruiz identified himself as being from Mexico. He presented a Mexican passport and a New Mexico driver's license but lacked legal documentation for his presence in the U.S. Records revealed that he had been removed from the country multiple times: once in 2008, twice in 2009, and again in 2010.
Barcena-Ruiz appeared before U.S. Magistrate Judge Jeremiah J. McCarthy and was detained following his initial appearance.
This investigation is part of Operation Take Back America, an initiative by the Department of Justice aimed at addressing illegal immigration issues and combating cartels and transnational criminal organizations.
The investigation was conducted by Homeland Security Investigations under Special Agent-in-Charge Erin Keegan's direction and Immigration and Customs Enforcement led by Acting Field Office Director Steven Kurzdorfer.
It is important to note that charges are accusations at this stage; Barcena-Ruiz is presumed innocent until proven guilty.