ALBANY, NEW YORK – Nicolas Tamayo, age 19, and Francisco Santos-Luna, age 23, both of Providence, Rhode Island, were arrested on August 29 in Plattsburgh for alien smuggling. 

The announcement was made by United States Attorney Grant C. Jaquith and Robert N. Garcia, Acting Chief Patrol Agent, United States Border Patrol, Swanton Sector.

The charges in the complaints are merely accusations.  The defendants are presumed innocent unless and until proven guilty.

According to the criminal complaints, a Border Patrol Agent observed a vehicle travelling east on New York State Route 11 near Chateaugay, New York, close to the border, at approximately 5:10 a.m. on August 29.   The agent followed the vehicle until it pulled into a gas station and parked alongside a gas pump on New York State Route 3 in Plattsburgh.  A Border Patrol Agent then pulled into the station parking lot and made contact with the occupants of the vehicle.  The agent quickly established that the driver and registered owner of the car was Tamayo and that the passengers were five illegal aliens who had illegally crossed the border, near Chateaugay, earlier that morning.  A second smuggler, Francisco Santos-Luna, was found and arrested on August 29 at a Plattsburgh motel.   

The charges filed against Tamayo and Santos-Luna carry a maximum sentence of 10 years in prison, a fine of up to $250,000, and a post imprisonment term of supervised release of up to 3 years.  A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines, and other factors.    

The illegal aliens, four Romanian citizens and one Irish citizen, are each charged with the misdemeanor crime of illegal entry.

This case is being investigated by Border Patrol and prosecuted by Assistant U.S. Attorney Edward P. Grogan.