Thousands Reported Bilked in New U.S. Immigration Scam in Tijuana

In recent months, word has been out on the streets of this border city: An organization existed that could fix the documents needed to immigrate to the United States. Americans working with the group are said to have boasted of their influence within the U.S. Immigration and Naturalization Service.

In a city where so many dreams and hopes are pinned on the possibility of legally crossing over to el norte, this was a major development. There was no need to advertise; the news spread via word of mouth. Thousands of city residents are said to have traveled to an unassuming storefront near the border and paid $600 to $1,200 for little more than a handwritten receipt, a handshake and a promise.

“They told everyone that they had good contacts with United States immigration officials,” recalled Mexican Judge Victor M. Vasquez. “People believed them; they wanted to believe them.”

In the end, though, authorities on both sides of the border say, it was just another scam, the latest in a series of capers aimed at capitalizing on the widespread desire of impoverished Mexican citizens to find a better life in the United States. The border, of course, is a place where almost everything--documents, narcotics, even babies--can be purchased for a price, their availability heightened by the convergence of two very different nations.

Gullible and Desperate

“This was a perfect scam,” said Clifton Rogers, deputy district director for the INS in San Diego. “These people are gullible. They’re desperate to come to the United States.”

Authorities in Mexico and the United States estimate that more than 3,000 people may have been defrauded in the Tijuana scam and a related ring broken up by U.S. authorities in Los Angeles in March.

In the Tijuana case, one American remains in jail in Tijuana on fraud charges and Mexican authorities are seeking two other suspects, including one believed to be a U.S. citizen.

In the Los Angeles case, two Tijuana residents--a father and daughter--went on trial in U.S. District Court there last week on charges of impersonating INS employees. U.S. authorities say the two operated as part of the same ring recently uncovered in Tijuana. The two contended that their business was legitimate.

The alleged frauds are examples of what law enforcement authorities and others say is a flourishing business in various immigration scams along the U.S.-Mexico border and in cities such as Los Angeles and New York, which have large populations of undocumented immigrants. Nationwide, authorities have periodically cracked down on a wide range of immigration-related rackets such as fraudulent document purveyors and unqualified “consultants” and notaries public who provide immigration “advice” for a cost.

Escalation Feared

“This is an extremely vulnerable population,” said Linda Wong, associate counsel with the Mexican American Legal Defense and Educational Fund in Los Angeles. “People are so desperate that they are willing to pay whatever amount of money in savings in order to legalize and remove themselves from this shadowy existence.”

There is considerable fear that the scams, particularly those involving fraudulent documents, will escalate if Congress passes pending immigration reform legislation, which would mandate new kinds of documentation. Even before approval of the legislation, the so-called Simpson-Mazzoli Act, authorities and others have found evidence of bogus rackets that have provided immigration advice--for a price--about the new law.

“It does create that very real possibility of a whole new realm of counterfeit documents,” said Ed Pyeatt, a supervisory agent for the U.S. Border Patrol in San Diego.

The immigration reform legislation, which has already been passed by the Senate and is awaiting House action, would create a need for additional documentation in two key areas.

First, the amnesty section, providing legalized status for undocumented immigrants who have resided in the United States continuously for a number of years, would require that applicants prove their U.S. residency through documents such as payroll records and receipts for rent, utilities and other payments. Secondly, employers seeking to avoid federal sanctions for knowingly hiring undocumented workers are likely to require that potential employees show proof, such as U.S. passports or so-called green cards, to demonstrate their legal status in the United States.

With a call for so much documentation, some of which can be easily forged, authorities and immigration experts are certain that passage of the bill would give birth to an accelerated paper work black market.

Increase in Penalties

“I imagine the presses in Tijuana are already running,” said Rogers of the INS.

Nonetheless, proponents of the legislation say such problems are not insurmountable. For one thing, they note that the bill would increase penalties for production or use of fraudulent documents. Additionally, Duke Austin, an INS spokesman in Washington, noted that his agency has developed sophisticated techniques for detecting fraudulent documents, including a laboratory in Washington. Also, the proposed legislation would require several layers of corroborating documentation, such as payroll records augmented by employer statements.

“We’ve all heard rumors that people are gearing up to . . . grind out all kinds of receipts and documents,” said INS spokesman Austin, whose agency has strongly supported the immigration reform legislation as a necessary step to stem the flow of illegal aliens. “I think we can get a handle on this. . . . I think we will see a lot of false documents out there, but at least then, we will have a tool to enforce that. . . . Now, the alien feels he doesn’t even have to get a false document.”

Others are not so sure about the manageability of the problem.

“We’re going to be drowning in paper,” said Wong of the Mexican American Legal Defense and Educational Fund. “Immigrants who are desperate to legalize their status will resort to whatever means necessary . . . even if that calls for them to pay for some fraudulent documents. I’m positive that this market, which is already lucrative, will proliferate even more under Simpson-Mazzoli.”

Whatever happens in Washington, it seems likely that immigration scams will continue to proliferate along the border and in other areas with large numbers of undocumented immigrants.

Forged Signatures

In the Tijuana case, the level of document fraud was not particularly sophisticated. U.S. officials say some of the letters sent to the purported beneficiaries were crude reproductions of official INS documents; some bore forged signatures of retired INS officials.

However, authorities say that the fraud was crafted in such a way that the quality of the documents was largely irrelevant. Many victims only received receipts and promises that they would eventually be contacted by U.S. officials.

The victims’ ultimate goal was to obtain green cards, known as micas in Mexico, which would allow them to remain in the United States legally. However, with delays as long as 10 years in legally obtaining such documents--and with many Mexicans aware that their chances are slim in any case--victims were apparently assuaged to learn that their cases were receiving some “official” attention. The scheme allegedly took advantage of the waiting game.

“If they were told there would be a three-year wait, they believed that at least three years would at least be better than nine years--or never,” Rogers said. “They had these people duped so good they never had to perform any services for them. . . . It goes back to the same old story that the illegal immigration problem has created a subclass of people who are ripe for exploitation.”

Mexican authorities say more than 3,000 citizens may have been defrauded during the life of the scam, which had been going on for at least a year. Authorities say there was no advertising; word of its purported success spread through the immigration grapevine in Tijuana. The situation was uncovered last month when a victim filed a complaint.

One of Largest Frauds

It is believed to be one of the largest immigration schemes ever uncovered along the border. Authorities say many victims will probably never come forward, realizing the futility of attempting to regain their money.

“As a case of immigration fraud, this is the biggest we’ve seen here,” said Jorge Medina, an assistant district attorney in Tijuana who is handling the case.

Behind the operation’s success, Mexican authorities say, was the widespread belief that the organization had strong ties to the INS. One associate was said to have been a former INS officer; one member of the ring reportedly wore a uniform resembling those worn by INS personnel.

Mexican authorities say they believe the group did have some early success in fixing immigration papers--word of which quickly spread in Tijuana and bolstered the organization’s reputation.

U.S. authorities say they know of no instances in which the group was able to assist in providing green cards. Also, they have checked and found no link between those accused of fraud and any former or present INS employees.

“There’s no connection that we can verify . . . that anyone involved with the case ever worked with the INS,” Rogers said.

In Tijuana, Mexican authorities are holding a U.S. citizen, Harold Leighnor of Enid, Okla., in the city jail on fraud charges. Because of the amounts of the alleged fraud--victims paid at least $600 each--Mexican officials say there is no possibility of bail before his trial.

Leighnor has declined to be interviewed, although he has told authorities he believed he was providing valid assistance and has denied charges of fraud. Leighnor faces a jail term of up to 30 years, said the assistant district attorney. Mexican officials are seeking three other associates in connection with the alleged scam, including two Mexicans and another American.

Last month, lawyers for the accused provided partial refunds for some victims, who read about the fraud charges in Tijuana newspapers. Long lines formed outside the courthouse as victims sought some compensation.

“My uncle paid $600,” said one woman, who displayed a simple receipt for the sum paid by her uncle, Antonio Lopez of Tijuana. “He thought they would help him.”