Operation Blooming Onion was an investigation conducted by the federal government of the United States into alleged fraud and criminal activity stemming from the H-2A visa program, primarily in South Georgia. The operation involved several federal agencies, led by Homeland Security Investigations. The investigation began in November 2018 and resulted in the indictment of 24 individuals in 2021 for several crimes, including several counts of conspiracy. It is considered one of the largest law enforcement operations of its kind in U.S. history.
In South Georgia, many migrant workers, primarily from Latin America, are employed in agricultural work, including the harvest of Vidalia onions. These migrants are present via the H-2A visa program, which allows a person in the United States to sponsor workers, with the sponsor being required to provide payment, food, housing, and transportation for the worker. Beginning in 2018, federal investigators, acting on a tip from a human trafficking hotline, began to investigate Maria Leticia Patricio and others associated with her, believing that they were operating a transnational criminal organization (TCO). Their investigation revealed that the TCO had brought in many migrant workers from Latin America who had been subject to exploitation and poor living and working conditions. Two individuals had died due to the conditions, and there were several reported incidents of kidnapping, violent threats, and rape. Investigators referred to the situation as one of "modern-day slavery".
In November 2021, federal investigators executed over 20 search warrants and announced indictments against 24 individuals, with charges including conspiracy to commit mail fraud, mail fraud, conspiracy to engage in forced labor, forced labor, conspiracy to commit money laundering, and tampering with a witness. Over the next several years, many of the accused have pled guilty. In the aftermath, over 100 individuals were freed from the scheme, and advocates have pushed for reforms within the federal government of the H-2A visa program.
Vidalia onions are a type of sweet onion that are grown in South Georgia. [1] [2] The farms in the region that grow the crop often employ migrant workers from Latin America, [2] primarily from Mexico, Central America, and the Caribbean. [1] Many of these workers are present in the United States via the H-2A visa program, [1] which allows foreign nationals to work in agriculture in the United States under a sponsor who is responsible for housing, feeding, paying, and providing transportation for the worker. [3] Workers involved in the visa program are also required to be paid a fair wage, which in 2021 typically amounted to between $10 to $12 per hour (equivalent to between $11 and $13 in 2023). [4] In South Georgia in 2022, the average hourly pay for harvesting Vidalia onions was $11.99 per hour ($12.48 in 2023), in addition to bonus piece rates that usually depended on how many onions were harvested. [2]
From the 2010s through the 2020s, the H-2A visa program grew significantly as farm owners struggled to hire enough domestic workers to tend to their crops. [5] Between 2010 and 2020, the number of people in Georgia who were in the state via an H-2A visa grew from roughly 5,500 to 27,614, [5] second only to Florida in the number of H-2A visa holders. [2] By 2023, this number had grown to roughly 37,500. [6] [7] Under the system, the work sponsors are often contractors who recruit and oversee the migrant workers and negotiate a work contract with farm owners for their labor. [2]
Some advocates for immigration reform, including President Teresa Romero of the United Farm Workers (UFW) labor union, [8] argue that migrant workers involved in the H-2A visa program are often open to exploitation by the contractors. [9] [10] In a 2023 inspection done by the United States Department of Labor (DOL) in the Southeastern United States, the department found labor violations at 90 percent of the agricultural worksites that they visited. [6] Additionally, the Center for Migrants' Rights advocacy group noted that, of 100 migrant workers they interviewed between 2019 and 2020, a quarter had admitted to paying illegal recruitment fees to recruiters. [11] Additionally, according to Human Rights Watch, female migrant workers are especially susceptible to incidents of harassment and violence, including rape. [2]
Beginning in November 2018, after receiving a tip from a human trafficking hotline, several agencies within the federal government of the United States began to investigate the operations of agricultural organizations registered under Maria Leticia Patricio, a U.S. citizen who was the registered agent of ten different companies in Georgia. [12] Operation Blooming Onion, [13] [14] named in reference to the blooming onion dish, [2] was organized under the Organized Crime Drug Enforcement Task Force program and involved the Diplomatic Security Service, the Federal Bureau of Investigation, Homeland Security Investigations (HSI), the DOL, and the United States Postal Inspection Service, with HSI being the lead organization. [15] Additional federal, state, and county-level agencies were also involved in the investigation, including the Georgia Bureau of Investigation and several sheriffs' departments. [15]
According to the federal agents, the investigation revealed that, starting since at least 2015, Patricio and several others had operated as a transnational criminal organization (TCO), based in South Georgia, that had engaged in multiple crimes related to the H-2A visa program. [16] [15] The investigators allege that the Patricio TCO submitted over 71,000 H-2A visa requests to the United States government and were granted thousands of visas. [16] Using the visas, the TCO brought in foreign nationals from Guatemala, Honduras, and Mexico, [16] among other countries. [17] Once in the United States, the investigators allege that the TCO abused and exploited these contract laborers, subjecting them to poor working and living conditions while leasing them out to work for farmers. [16] According to the investigation, members of the TCO illegally withheld travel and identification documents from the workers and forced them to perform physically demanding work for little or no pay under threat of deportation or violence. [15] [18] Investigators stated that workers were physically intimidated and threatened with guns. [15] Some were made to dig up onions with their bare hands and were paid as little as $0.20 ($0.22 in 2023) per bucket of onions, [3] [15] despite some workers being promised up to $12 per hour in wages. [18] [4] Additionally, some of the workers were charged unlawful fees for their food, housing, and transportation and were housed in crowded and unsanitary conditions. [15] [4]
At the work camps, the nationals were subjected to overcrowding and unsanitary conditions, with limited access to food and drinking water and inadequate plumbing, [15] leading to some raw sewage leaks. [5] In some cases, the work camps consisted of mobile homes surrounded by electric fences. [5] Workers were constantly threatened with murder, and investigators accuse the conspirators of attempted murder, [15] in addition to the rape of one individual and kidnapping of five individuals. [19] In several cases, workers were traded or sold to other conspirators, [15] [4] including the sale of about 30 workers to a contractor in Indiana for $21,481. [2] At least two workers died as a result of working conditions. [15] [4] [2] In a 2021 press release, the United States Attorney's Office for the Southern District of Georgia referred to the conditions as "modern-day slavery". [15]
According to the investigators, the alleged crimes took place in several jurisdictions in the United States, including the Middle District of Florida, the Middle, Northern, and Southern Districts of Georgia, and the Southern District of Texas, as well as in Guatemala, Honduras, and Mexico. [15] In the Southern District of Georgia, the criminal activities were suspected to have occurred in the following counties: Atkinson, Bacon, Coffee, Tattnall, Toombs, and Ware. [20] [15] Federal investigators estimate that the TCO earned over $200 million ($225 million in 2023) through the scheme, which they laundered in different ways, including through the cash purchase of cashier's checks, houses, land, and vehicles. [3] [16] [15] Additionally, members of the TCO gambled millions of dollars at the Seminole Hard Rock Hotel and Casino Tampa, which cooperated with the federal agents in their investigation. [17]
At 6 a.m. EST on November 17, 2021, [12] over 200 federal agents and other law enforcement officers assembled in the Southern District of Georgia to execute over 20 federal search warrants at multiple locations related to the investigation. [15] [20]
On the morning of November 22, federal officials, including Acting U.S. Attorney for the Southern District of Georgia David H. Estes, held a press conference in Savannah, Georgia, to announce indictments against 24 individuals, including Patricio, on criminal charges of conspiracy. [12] [15] The indictments had been decided upon by a federal grand jury the previous month. [19] [21] As part of USA v. Patricio et al, all of the accused were charged with conspiracy to commit mail fraud, conspiracy to engage in forced labor, and conspiracy to commit money laundering. [15] Additionally, Patricio and another individual were charged with multiple counts of committing mail fraud. [15] Eleven individuals were also charged with several counts of forced labor, while three were also charged with tampering with a witness. [15] The charge of witness tampering stems from late 2019, when federal authorities state that three of the accused individuals intimidated and attempted to persuade a witness to lie before the grand jury about the alleged criminal activities that the TCO had engaged in. [15] [3] [12] Only two of the accused are business owners, while the remainder were either recruiters or labor contractors. [5] Only one of the accused is a farmer. [2] By late 2021, all of Patricio's companies had been dissolved. [12] The accused were scheduled to be arraigned on December 21 and January 6, 2022, at the federal courthouse in Waycross, Georgia. [4] [18] The accused individuals and their charges include the following: [15]
Accused | Charges | |||||
---|---|---|---|---|---|---|
Conspiracy to commit mail fraud | Mail fraud | Conspiracy to engage in forced labor | Forced labor | Conspiracy to commit money laundering | Tampering with a witness | |
Maria Leticia Patricio | Yes | Yes; 2 counts | Yes | No | Yes | No |
Daniel Mendoza | Yes | No | Yes | No | Yes | No |
Nery Rene Carrillo-Najarro | Yes | No | Yes | Yes; 14 counts | Yes | No |
Antonio Chavez Ramos (aka Tony Chavez) | Yes | No | Yes | Yes; 4 counts | Yes | No |
JC Longoria Castro | Yes | No | Yes | Yes; 4 counts | Yes | No |
Victoria Chavez Hernandez | Yes | No | Yes | No | Yes | No |
Enrique Duque Tovar | Yes | No | Yes | Yes; 9 counts | Yes | No |
Jose Carmen Duque Tovar | Yes | No | Yes | Yes; 9 counts | Yes | No |
Charles Michael King | Yes | No | Yes | No | Yes | No |
Stanley Neal McGauley | Yes | No | Yes | No | Yes | No |
Luis Alberto Martinez (aka Chino Martinez) | Yes | No | Yes | No | Yes | No |
Delia Ibarra Rojas | Yes | No | Yes | Yes; 3 counts | Yes | No |
Juana Ibarra Carrillo | Yes | No | Yes | No | Yes | No |
Donna Michelle Rojas (aka Donna Lucio) | Yes | No | Yes | Yes; 3 counts | Yes | No |
Margarita Rojas Cardenas (aka Maggie Cardenas) | Yes | No | Yes | Yes; 3 counts | Yes | Yes |
Juan Francisco Alvarez Campos | Yes | No | Yes | No | Yes | No |
Rosalvo Garcia Martinez (aka Chava Garcia) | Yes | No | Yes | No | Yes | Yes |
Esther Ibarra Garcia | Yes | No | Yes | Yes; 3 counts | Yes | No |
Rodolfo Martinez Maciel | Yes | No | Yes | Yes; 3 counts | Yes | No |
Brett Donavan Bussey | Yes | Yes; 4 counts | Yes | No | Yes | Yes |
Linda Jean Facundo | Yes | No | Yes | No | Yes | No |
Gumara Canela | Yes | No | Yes | Yes; 14 counts | Yes | No |
Daniel Merari Canela Diaz | Yes | No | Yes | No | Yes | No |
Carla Yvonne Salinas | Yes | No | Yes | No | Yes | No |
The Southern Poverty Law Center offered legal representation for several whistleblowers in the case, [2] and the Georgia Legal Services Program took on several victims as clients. [5] Prosecutors dropped their case against Rodolfo Martinez Maciel after learning that he had been murdered by decapitation in Mexico in September 2019. [19]
On March 31, 2022, the U.S. Attorney's Office for the Southern District of Georgia stated in a press release that three of the accused individuals, Javier Sanchez Mendoza Jr., Aurelio Medina, and Yordon Velazquez Victoria, had pled guilty and been sentenced to multiple months in prison. [22] [23] Mendoza, who pleaded guilty to conspiracy to engage in forced labor, admitted that, between August 2018 and November 2019, he had been a leader in the scheme, overseeing operations in Glynn, Pierce, and Ware counties in Georgia. [23] During that time, he had recruited over 500 workers from Central America, illegally charging them for H-2A visas and withholding their identification documentations. [23] [24] Additionally, prosecutors alleged that he had committed multiple acts of rape against one of the people he had misled. [23] [25] Mendoza was sentenced to 30 years in federal prison. [23] [24] Medina was sentenced to 64 months for forced labor and Victoria was sentenced to 15 months for conspiracy. [23] Additionally, both Mendoza and Medina are subject to possible deportation following their sentences, as both as Mexican citizens illegally living in the United States. [23]
On March 15, 2023, Daniel Canela Diaz pled guilty and was sentenced in October 2023 to two years in prison, five years of supervised release, the payment of $162,000 in restitution to seven victims, and deportation following his prison sentence. [19] On May 17, Stanley Neal McGauley pled guilty to conspiracy to commit mail fraud and was sentenced to one year and one day in prison, followed by three years of supervised release. [19] From July 2023 to February 2024, eight defendants entered into plea deals where they agreed to plead guilty to their charges. [19] These individuals include JC Longoria Castro, Charles Michael King, Rosalva Garcia Martinez, Esther Ibarra Garcia, Daniel Mendoza, Donna Michelle Roja, Antonio Chavez Ramos, and Gumara Camela. [19] Their plea hearing was scheduled for February 27, 2024, at the Waycross Federal Courthouse. [19] Additionally, a date of March 1 was set at the same courthouse for several defendants who were planning on contesting their charges. [19] The following month, on April 18, Patricio filed court documents indicating that she intended to take her case to trial. [21] However, on July 26, Patricio took a plea deal where she pled guilty to conspiracy to commit mail fraud. [26] At the same hearing, Daniel Mendoza was sentenced to three years of probation and restitution payments of $86,787.24 for conspiracy to commit mail fraud, while Rosalva Martinez was sentenced to five years of probation and restitution payments of $8,457.26 for tampering with a witness. [26]
Operation Blooming Onion has been described by multiple sources as one of the largest law enforcement operations of its kind in United States history, [20] [27] [17] [5] and it was the first operation under a new directive from U.S. Immigration and Customs Enforcement (HSI's parent agency) that placed more of an emphasis on addressing exploitative conditions among migrant workers. [28] [17] [5] According to Acting U.S. Attorney Estes, the operation "[freed] more than 100 individuals from the shackles of modern-day slavery and will hold accountable those who put them in chains". [15] According to Savannah's ABC affiliate, WJCL, thousands more may have been affected by the TCO. [29] In November 2022, USA Today reported that Georgia State Senator Russ Goodman's farm had employed a contractor whose house was searched as part of the search warrant investigations. [30] However, the contractor was not indicted in the case, and Goodman said he was unaware of any issues, but was intending to investigate the matter. [30]
In 2021, Charles Kuck, an immigration attorney from Georgia, commented that the case was "unusual, when we know that the conditions for workers that they described are not unusual. This is just people getting caught". [17] Following the operation, as well as several other cases of people being indicted on human trafficking crimes related to H-2A visa holders, [31] multiple news sources began to focus on perceived issues with the H-2A visa program and its misuse. [32] [12] Multiple farmworkers advocacy groups have requested reforms of the system from President Joe Biden, [8] [11] and in a letter to the Cabinet of Joe Biden, Senator Jon Ossoff of Georgia said, [31]
This crime, forced labor, physical abuse, sexual abuse and coercion is all too widespread, not just in Georgia, but nationally. And reform of the H-2A program is necessary. This is a federal guest worker program. It is totally unacceptable for there to be slavery in a federal guest worker program. And that’s why I’m demanding answers from administration officials
In 2023, the Biden administration announced a streamlined path for migrants in the United States who were subject to exploitation to file for deportation relief, which would directly apply to those affected by the Patricio TCO. [33] In the summer of 2024, a new rule from the DOL was set to go into effect that would have given H-2A visa holders more rights, including further prohibitions against sponsors confiscating their passports and allows them to invite people into their employer-owned housing. [7] In August 2024, Judge Lisa Godbey Wood of the Southern District of Georgia blocked the new rule from going into effect in Georgia. [6]
In 2023, journalist Shane Mitchell won two James Beard Foundation Awards for her story on the operation and the Vidalia onion industry in Georgia, "Blood Sweat & Tears", which was published in The Bitter Southerner . [1]
In a hearing on March 30, 2022, a special agent Julio Lopez of the HSI told U.S. Assistant Attorney Tania D. Groover that the Patricio TCO had bribed employees of the Georgia Department of Labor (GDOL) in order to have them approve housing for the migrants they were exploiting. [34] The following month, USA Today published a report stating that there may be ties between the GDOL an the Patricio TCO. [35] Bussey, who had been indicted in the case, had been an employee for the GDOL until 2018, while Jorge Gomez, whose sister and nephew were both indicted in the case, was a current employee at the time of the search warrant exeuctions. [35] His house had been searched as part of the warrant executions. [35] Within two weeks of USA Today's publication, applied for disability retirement and left GDOL. [34] While at GDOL, both Bussey and Gomez were directly responsible for inspecting farmworkers' housing. [2] As of October 2022, a spokesperson for GDOL said they had not been contacted by any government agents regarding the bribery allegations. [2]
A migrant worker is a person who migrates within a home country or outside it to pursue work. Migrant workers usually do not have an intention to stay permanently in the country or region in which they work.
The Coalition of Immokalee Workers (CIW) is a worker-based human rights organization focusing on social responsibility in corporate supply chains, human trafficking, gender-based violence at work and occupational health and safety.
An H-2A visa allows a foreign national worker into the United States for temporary agricultural work. There are several requirements of the employer in regard to this visa. The H-2A temporary agricultural program establishes a means for agricultural employers who anticipate a shortage of domestic workers to bring non-immigrant foreign workers to the U.S. to perform agricultural labor or services of a temporary or seasonal nature. In 2015 there were approximately 140,000 total temporary agricultural workers under this visa program. Terms of work can be as short as a month or two or as long as 10 months in most cases, although there are some special procedures that allow workers to stay longer than 10 months. All of these workers are covered by U.S. wage laws, workers' compensation and other standards; additionally, temporary workers and their employers are subject to the employer and/or individual mandates under the Affordable Care Act. Because of concern that guest workers might be unfairly exploited, the U.S. Department of Labor Wage and Hour Division is especially vigilant in auditing and inspecting H-2A employers. H-2A employers are the only group of employers who are required to pay inbound and outbound transportation, free housing, and provide meals for their workers. H-2A agricultural employers are among the most heavily regulated and monitored employers in the United States. Unlike other guest worker programs, there is no cap on the number of H-2A visas allocated each year.
A guest worker program allows foreign workers to temporarily reside and work in a host country until a next round of workers is readily available to switch. Guest workers typically perform low or semi-skilled agricultural, industrial, or domestic labor in countries with workforce shortages, and they return home once their contract has expired.
Contemporary slavery, also sometimes known as modern slavery or neo-slavery, refers to institutional slavery that continues to occur in present-day society. Estimates of the number of enslaved people today range from around 38 million to 49.6 million, depending on the method used to form the estimate and the definition of slavery being used. The estimated number of enslaved people is debated, as there is no universally agreed definition of modern slavery; those in slavery are often difficult to identify, and adequate statistics are often not available.
Shelley Davis was an American attorney and activist best known for her advocacy of rights and better working conditions for farm workers, particularly child, migrant and seasonal laborers.
Human trafficking in Israel includes the trafficking of men and women into the country for forced labor and sex slavery. The country has made serious efforts to reduce the problem in recent years and now ranks 90th out of 167 countries who provide data. Identification of victims, criminal justice work and efforts to co-ordinate with business and government agencies has been concerted in reducing this problem in the last decade.
Human trafficking in Australia is illegal under Divisions 270 and 271 of the Criminal Code (Cth). In September 2005, Australia ratified the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, which supplemented the United Nations Convention against Transnational Organized Crime. Amendments to the Criminal Code were made in 2005 to implement the Protocol.
In the United States, human trafficking tends to occur around international travel hubs with large immigrant populations, notably in California, Texas, and Georgia. Those trafficked include young children, teenagers, men, and women; victims can be domestic citizens or foreign nationals.
Bahrain ratified the 2000 UN TIP Protocol in June 2004.
In 2009 Qatar was a transit and destination country for men and women subjected to trafficking in persons, specifically forced labor and, to a much lesser extent, forced prostitution. Men and women from Nepal, India, Pakistan, Bangladesh, the Philippines, Indonesia, Vietnam, Sri Lanka, Ethiopia, Sudan, Thailand, Egypt, Syria, Jordan, and China voluntarily travelled to Qatar as laborers and domestic servants, but some subsequently faced conditions indicative of involuntary servitude. These conditions included threats of serious physical or financial harm; job switching; the withholding of pay; charging workers for benefits for which the employer is responsible; restrictions on freedom of movement, including the confiscation of passports and travel documents and the withholding of exit permits; arbitrary detention; threats of legal action and deportation; false charges; and physical, mental, and sexual abuse. In some cases, arriving migrant workers found that the terms of employment in Qatar were wholly different from those they agreed to in their home countries. Individuals employed as domestic servants were particularly vulnerable to trafficking since they are not covered under the provisions of the labor law. A small number of foreign workers transited Qatar and were forced to work on farms in Saudi Arabia. Qatar was also a destination for women who migrated and became involved in prostitution, but the extent to which these women were subjected to forced prostitution is unknown. Children have been used in Qatar and other Gulf countries as camel jockies. Most children are trafficked from Africa and South Asia. This practice has ceased in most areas though. Workers have been forced to work in bad conditions; their salaries are sometimes withheld.
Oman ratified the 2000 UN TIP Protocol in May 2005.
Costa Rica ratified the 2000 UN TIP Protocol in September 2003.
The kafala system is a system that exists in many Arab countries in the Middle East, including most of the nations on the Arabian Peninsula, which involves binding migrant workers to a specific employer throughout the period of their residence in a country. The same system existed in Israel under the label "binding labour", until that country's supreme court eliminated it in 2006.
Human trafficking in Florida is the illegal trade of human beings for sexual exploitation or forced labor as it occurs in the state of Florida. After California and New York, Florida has the most human trafficking cases in the United States. Florida has had cases of sex trafficking, domestic servitude, and forced labor.
Labor trafficking in the United States is a form of human trafficking where victims are made to perform a task through force, fraud or coercion as it occurs in the United States. Labor trafficking is typically distinguished from sex trafficking, where the task is sexual in nature. People may be victims of both labor and sex trafficking.
Farmworkers in the United States have unique demographics, wages, working conditions, organizing, and environmental aspects. According to The National Institute for Occupational Safety & Health in Agricultural Safety, approximately 2,112,626 full-time workers were employed in production agriculture in the US in 2019 and approximately 1.4 to 2.1 million hired crop workers are employed annually on crop farms in the US. A study by the USDA found the average age of a farmworker to be 33. In 2017, the Department of Labor and Statistics found the median wage to be $23,730 a year, or $11.42 per hour.
Chattel slavery existed in the Trucial States (1892–1971), which later formed the United Arab Emirates. The Trucial States consisted of the Sheikdoms Dubai, Abu Dhabi, Sharjah, Ajman, Umm Al Quwain, Fujairah, and Ras Al Khaimah. The region was mainly supplied with enslaved people from the Indian Ocean slave trade, but humans were also trafficked to the area from Hejaz, Oman and Persia. Slaves were used in the famous pearl fish industry and later in the oil industry, as well as sex slaves and domestic servants. Many members of the Afro-Arabian minority are descendants of the former slaves.
Open chattel slavery existed in Kuwait until 1949. Slavery was formally abolished in Kuwait in 1949. In practice, slavery was not actually abolished as such, but the law no longer recognized it after 1949, which meant that every slave who applied for manumission was guaranteered to be freed.
Open slavery existed in Bahrain until the 1930s. Slavery was formally abolished in Bahrain in 1937. Slavery ended earlier in Bahrain than in any other Gulf state, with the exception of Iran and Iraq. Many members of the Afro-Arabian minority are descendants of the former slaves. Slavery of people from Africa and East Asia was succeeded by the modern Kafala system of poor workers from the same region were slaves had previously been imported.