Guatemalan Man Unlawfully Residing in the United States and Convicted of Sexual Battery Indicted for Fraudulently Obtaining Custody of an Unaccompanied Alien Child in the United States

On Thursday, a federal grand jury indicted a man for his alleged role in smuggling an unaccompanied alien child (UAC) to the United States and for allegedly submitting a sponsorship application with false statements to the Department of Health and Human Services’ Office of Refugee Resettlement (ORR) to gain custody of the minor after she entered the United States.

“The prior administration’s border policies created an environment that enabled human trafficking and allowed bad actors to take advantage of at-risk children,” said Attorney General Pamela Bondi. “We are committed to protecting children from the scourge of human trafficking and will not rest until we deliver justice for those who suffered during the border crisis.”

According to the indictment, Juan Tiul Xi, 26, a Guatemalan national unlawfully residing in Cleveland, illegally entered the United States in 2023. Thereafter, Tiul Xi allegedly encouraged and induced a 14-year-old Guatemalan girl to illegally enter the United States and to use the identity of Tiul Xi’s sister as her alias. As a UAC, the Guatemalan girl was placed in the care and custody of ORR. As alleged, Tiul Xi then falsely stated on documents submitted to ORR when he applied to sponsor and obtain custody of the girl that he was the UAC’s brother and that her alias was her actual name. ORR relied on Tiul Xi’s alleged false statements when, on or about Sept. 5, 2023, ORR released the UAC to Tiul Xi’s care.

Tiul Xi is charged with one count of encouraging or inducing illegal entry for financial gain, one count of making a false, fictitious, or fraudulent statement, and one count of aggravated identity theft. If convicted, he faces a maximum penalty of 10 years in prison on the illegal entry count, a maximum penalty of five years in prison on the false statement count, and a mandatory consecutive penalty of two years in prison on the aggravated identity theft count. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.

“This case is a testament to ICE’s commitment to hold predators accountable for the harm they inflict on children,” said U.S. Immigration and Customs Enforcement (ICE) Acting Director Todd Lyons. “We are making every effort to ensure the safety of children released to sponsors across the United States. This is vital work and through their victim centered approach, ICE Homeland Security Investigations (HSI) special agents are perfectly positioned to uncover any similar crimes by predatory sponsors.”

“The Office of Refugee Resettlement is committed to continuing vital policy changes that promote the safety and welfare of unaccompanied alien children related into the Unites States,” said ORR Acting Director Angie M. Salazar. “We have significantly increased sponsor vetting with the wellbeing of the child at the core of our process. We hope that our commitment is evident by our collaboration with law enforcement to right previous wrongs and help bring these crimes to light.”

The indictment is the result of the coordinated efforts of Joint Task Force Alpha (JTFA). JTFA, a partnership with the Department of Homeland Security, has been elevated and expanded by the Attorney General with a mandate to target cartels and other transnational criminal organizations to eliminate human smuggling and trafficking networks operating in Mexico, Guatemala, El Salvador, Honduras, Panama, and Colombia that impact public safety and the security of our borders. JTFA currently comprises detailees from U.S. Attorneys’ Offices along the southwest border. Dedicated support is provided by numerous components of the Justice Department’s Criminal Division, led by HRSP and supported by the Money Laundering and Asset Recovery Section, the Office of Enforcement Operations, and the Office of International Affairs, among others. JTFA also relies on substantial law enforcement investment from DHS, FBI, DEA, and other partners. To date, JTFA’s work has resulted in more than 360 domestic and international arrests of leaders, organizers, and significant facilitators of alien smuggling; more than 325 U.S. convictions; more than 270 significant jail sentences imposed; and forfeitures of substantial assets.

The ICE HSI and FBI Cleveland field offices are jointly investigating with assistance from HSI’s Attaché team in Guatemala. Additionally, HSI’s Center for Countering Human Trafficking in Washington, D.C. and ORR have provided valuable assistance.

Senior Trial Attorney Christian Levesque of the Criminal Division’s Human Rights and Special Prosecutions Section (HRSP), Joint Task Force Alpha detailee/Trial Attorney Spencer M. Perry of the Criminal Division’s Fraud Section, and Acting U.S. Attorney Carol Skutnik and Criminal Division Chief Michael L. Collyer for the Northern District of Ohio are prosecuting the case, with assistance from HRSP Analyst/Latin America Specialist Joanna Crandall.

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 other 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 Project Safe Neighborhood.