Colombian Citizen Arrested for Transportation of Mexican Citizens Who Entered the United States Unlawfully

Burlington, Vermont – The United States Attorney’s Office for the District of Vermont announced that David Henao-Palacio, 28, a citizen of Colombia most recently residing in Newark, New Jersey, was charged by criminal complaint with unlawfully transporting Mexican citizens who had entered the United States unlawfully. Henao-Palacio made his initial appearance before United States Magistrate Judge Kevin J. Doyle yesterday, and was ordered detained pending a detention hearing on Friday, November 3, 2023.

According to court records, United States Border Patrol agents observed a vehicle being driven by Henao-Palacio on the All-American Highway, a rural road that is adjacent to the international border with Canada and known for human smuggling activity. A traffic stop of Henao-Palacio revealed that three Mexican citizens were in the back seat of his vehicle, all of whom admitted to having crossed the border moments before the traffic stop. After the three Mexican citizens were removed from the vehicle, they attempted to flee into the woods, but were apprehended shortly thereafter. According to immigration records, Henao-Palacio is a Colombian citizen who illegally entered the United States near Hidalgo, Texas on August 31, 2022. Henao-Palacio was paroled into the country on September 4, 2022, pending immigration proceedings.

The United States Attorney’s Office emphasizes that a criminal complaint contains allegations only, and that Henao-Palacio remains presumed innocent unless and until he is convicted of a crime. As presently charged, Henao-Palacio faces a maximum sentence of 5 years of imprisonment; however the actual sentence following any conviction would be determined with reference to the Federal Sentencing Guidelines.

U.S. Attorney Nikolas P. Kerest commended the efforts of the United States Border Patrol.

The case is being prosecuted by AUSA Jonathan Ophardt. Henao-Palacio is being represented by Assistant Federal Defender Barclay Johnson.

Note:  Press Release was edited to correct the spelling of the nationality of the defendant.