The U.S. government attempted to present probable cause in federal court Monday that Isaac Fernandez-Lopez, a manager at El Patron of Opelika, unlawfully employed and harbored illegal aliens.
But the government produced no direct evidence that Fernandez-Lopez is in charge of hiring or firing employees or why he would need to know their immigration statues or employment authorization.
U.S. Magistrate Judge Chad W. Bryan has not yet made his decision on whether the government demonstrated probable cause to continue with the case. Both parties will have until noon Tuesday to supplement their arguments with legal support. If Bryan determines there is probable cause to proceed, he will also consider the U.S. government’s motion to keep Fernandez-Lopez detained pending a trial.
Assistant U.S. Attorney Michelle Turner argued that, as a manager at El Patron of Opelika, Fernandez-Lopez employed and harbored illegal aliens by giving them employment. Although FBI special agent Nicholas del Toro said agents raided the Fernandez-Lopez home on July 15, the allegations of harboring aliens apply only to the presence of employed undocumented immigrants at the El Patron locations where he works.
Federal defender Cecilia Vaca questioned the evidence that the U.S. government could provide that Fernandez-Lopez played any role in the employment of nine undocumented immigrants detained at the location during the July 15 raid. Multiple witnesses for the defense testified that their understanding of Fernandez-Lopez’s role is kitchen manager, responsible for ensuring orders are correct and delivered hot to customers. They testified this role did not, to their knowledge, include hiring or firing employees.
Del Toro testified that one witness interviewed by agents during the investigation said that managers knew that workers were undocumented. Either the same witness or another said that managers never asked to see documentation of their immigration status or showing that they were authorized to work, del Toro said.
Pressed by Vaca, del Toro responded that he knew of no direct evidence that Fernandez-Lopez is responsible for the hiring of employees generally, nor the nine undocumented individuals detained by ICE during the raid.
Bryan is taking time to research what level of involvement would constitute an individual being liable for the employment—and by consequence, harboring—of undocumented immigrants. He would then have to decide whether the U.S. government met its burden of proving that there’s a reasonable basis to believe a crime has been committed and the accused person is likely responsible.
“The government did not even prove by that meager standard that (Fernandez-Lopez) employed undocumented workers,” Vaca said.
The government did present testimony of text message exchanges between Fernandez-Lopez and Cesar Campos Reyes, the owner of numerous El Patron locations and the center of the multi-federal-agency raid that occurred on July 15. Authorities seized Campos-Reyes’ phone in February upon reentry from Mexico and del Toro said four years’ worth of data was extracted, showing more than 15,000 text messages between Campos-Reyes and Fernandez-Lopez, including texts about management of the El Patron in Opelika.
In addition to being employed by Campos-Reyes, Fernandez-Lopez is the brother-in-law of Campos-Reyes and rents a home from Campos-Reyes. Del Toro testified that agents raided Fernandez-Lopez’s home on July 15 because it belonged to Campos-Reyes, but found nothing illegal inside—although they did find $25,000 in cash. Orlando Gonzalez, an investigator with the federal defender’s office, testified that interviews with members of the Fernandez-Lopez family indicated the money was being set aside for the quinceañera of Fernandez-Lopez’ 14-year-old daughter.
Fernandez-Lopez’s immigration status brings questions about detainment
Although the primary purpose of Monday’s hearing served as a preliminary hearing to determine whether there is probable cause to continue the criminal case against Fernandez-Lopez, the judge also asked counsel on both sides to discuss whether Fernandez-Lopez should remain detained if the case moves forward.
The immigration status of Fernandez-Lopez took center stage in that debate: Fernandez-Lopez at some point entered the United States illegally and then applied for asylum. That application was denied and an order for removal has been issued against Fernandez-Lopez; however, Fernandez-Lopez appealed the asylum decision and obtained a valid employment authorization through 2028 while the appeals process continues. ICE agent Steven Pearson acknowledged Fernandez-Lopez has been routinely checking in with ICE as required for several years.
Given the current charges against Fernandez-Lopez, however, Pearson testified that ICE would most likely exercise its right to detain Fernandez-Lopez if Bryan grants his release on the pending criminal case. Turner argued this as a reason for the court to grant its motion to keep Fernandez-Lopez in federal detention, as he may not be available to appear in court if taken into ICE custody—with the potential that an immigration court could even adjudicate his appeals process and ICE could deport Fernandez-Lopez.
Just last week, Turner was before a federal judge asking the court to keep Campos-Reyes behind bars because he could pose the risk of fleeing to Mexico. But in this case, the government argued that Fernandez-Lopez should be detained because a separate arm of the government could send him to Mexico against his volition.
Bryan questioned whether he could even consider the possibility of ICE detaining Fernandez-Lopez as a factor for potential nonappearance of the defendant. Turner said she has no knowledge of case law specifically allowing or preventing him from considering that.
Vaca told Bryan that it would not make sense to consider the potential for ICE to detain Fernandez-Lopez.
“The U.S. needs to make a choice: deport or prosecute,” Vaca said. “When it’s time to let people out, the government suddenly can’t coordinate? I would think that could lead to discrimination on basis of national origin. We aren’t talking about someone who is just out there roaming the Earth unknown; he was checking in with ICE, he has a work permit.”
The immigration status of Fernandez-Lopez’s wife, Sonia Campos, was discussed but remained unclear. At some points during the hearing it was suggested that she is not documented and at another it was suggested she had received permanent residency status. The couple has two children, both U.S. citizens, a 14-year-old girl and a 5-year-old boy.
This scene will likely repeat itself on Wednesday as the court holds a preliminary hearing for Luis Miguel Campos-Reyes, another El Patron manager facing the same charges as Fernandez-Lopez. Luis Campos-Reyes has waived his detention hearing, however, and therefore the question regarding the ICE detainer will not be before the judge.
