Border Crossing Secrets Revealed by Human Smugglers

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Two people are accused of using various technology to attempt to smuggle illegal migrants into the United States, resulting in the death of one woman left behind.

A criminal complaint filed on Wednesday in the U.S. District Court of New Mexico alleges that Marco Olvera-Aguilar and Jose Soto-Perez were "foot guides" leading 15 undocumented migrants into New Mexico near La Union, an area with some 1,100 citizens that has become notorious for migrants averting federal immigration authorities. They are charged with conspiracy to transport illegal aliens resulting in death.

Newsweek reached out to both suspects' attorneys via email for comment.

The charges come as President Joe Biden and Democrats are fending off concerns about the rise in illegal immigration, expected to be a pivotal part of Biden's State of the Union address on Thursday night.

New Mexico Migrants
A group of about 30 Brazilian migrants, who had just crossed the border, get into a U.S. Border Patrol van, taking them off the property of Jeff Allen, who used to run a brick factory... PAUL RATJE/AFP via Getty Images

National migrant encounters have risen each year under the Biden administration, though Democrats argue that presumptive Republican presidential nominee Donald Trump helped kill comprehensive immigration legislation last month to benefit his campaign and political aspirations.

The numbers of illegal encounters have risen annually in New Mexico, according to U.S. Customs and Border Protection (CBP) data. Encounters increased from 125,630 in fiscal year 2021 to 143,857 and 170,852 in fiscal years 2022 and 2023, respectively. Migrant encounters have totaled nearly 39,000 statewide since October 1.

"Olvera-Aguilar said he was instructed to guide the group to La Union and admitted to receiving pin drop locations from a HSO [Human Smuggling Organization] member he knows as 'GILBERTO,'" a Homeland Security Investigations (HSI) special agent said in the affidavit supporting the criminal complaint.

"Olvera-Aguilar said he was going to be paid for smuggling the UNCs [undocumented non-citizens] but did not know how much. Olvera-Aguilar said he was utilizing light towers to guide the group as they walked through the desert."

The agent, who previously worked as a CPB officer and a Border Patrol agent, said he received a call on March 4 from the Santa Teresa Border Patrol Station. He was notified that a female migrant was found dead, one member of a larger group that purportedly left her behind.

New Mexico State Police informed the patrol station of an incident near the La Union Railroad Crossing in the Dona Ana desert several miles north of the Santa Teresa Border Patrol Station.

A train conductor reportedly told authorities that a female subject was struck by the train they were operating. Border Patrol authorities, combined with the Dona Ana County Medical Examiner's Office said the female was killed.

Border Patrol located and apprehended 11 migrants believed to be associated with the incident, all of whom were transported to the Santa Teresa Border Patrol Station for further processing.

Five of the 11 members were interviewed individually by two HSI agents, all allegedly admitting to entering the U.S. illegally in addition to disclosing how much they paid or intended to pay for their illegal entry. Their admissions were accompanied by sheets of paper displaying the photo captured during their time of processing, and four of the five pointed out Olvera-Aguilar and Soto-Perez as the so-called foot guides.

They also said Olvera-Aguilar was seen using his cellphone as they reached the U.S. border.

During his interview with authorities, Soto-Perez allegedly said he was going to be paid about $200 per person smuggled. The original group included 15 people, but some were left behind, he added, including the woman who was killed by the train.

The suspect also allegedly identified Olvera-Aguilar as a foot guide, supposedly his first time working with the HSO in Mexico.

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About the writer

Nick Mordowanec is a Newsweek investigative reporter based in Michigan. His focus includes U.S. and international politics and policies, immigration, crime and social issues. Other reporting has covered education, economics, and wars in Ukraine and Gaza. Nick joined Newsweek in 2021 from The Oakland Press, and his reporting has been featured in The Detroit News and other publications. His reporting on the opioid epidemic garnered a statewide Michigan Press Association award. The Michigan State University graduate can be reached at n.mordowanec@newsweek.com.


Nick Mordowanec is a Newsweek investigative reporter based in Michigan. His focus includes U.S. and international politics and policies, immigration, ... Read more