U.S.-CANADA BORDER

Smugglers sentenced to prison for deaths of Indian family at US-Canadian border

Matt Henson — Wed, 28 May 2025 23:47:34 GMT

FERGUS FALLS, Minn. — Harshkumar Patel, the man in charge of a human smuggling plot, will spend 10 years in prison for his role in the 2022 deaths of a family of four from India.

His accomplice, Steve Shand, was sentenced to more than six years.

The Patel family (no relation to Harshkumar Patel), including two children, froze to death while trying to sneak into the U.S. near the Minnesota border.

Federal prosecutors said it was part of a smuggling ring between India and the United States.

Following the sentencing by U.S. District Judge John Tunheim on Wednesday, May 28, the top federal prosecutor for Minnesota made it clear that the investigation is far from over and that more arrests may still be coming.

“In fact, they knew it was life-threatening cold,” said Lisa Kirkpatrick, acting U.S. attorney for Minnesota.

Kirkpatrick was referring to the January night in 2022 when the family from India froze to death trying to cross the border by U.S. Highway 75 in Minnesota. The boy was 3; his older sister, 11.

“A son wrapped in a blanket in his father’s arms, a daughter lying nearby, a mom hunched against a fence when she went to look for help that night,” Kirkpatrick said.

A fifth person nearly froze to death. Prosecutors said visibility was blinding and the wind chill was close to 40 degrees below zero. They shared a photo showing how poorly dressed some of the other 11 people in the group were.

“They were betrayed by individuals motivated by profit with no regard for human life,” said Special Agent Jamie Holt with U.S. Immigration and Customs Enforcement.

On Wednesday, the man who was picking up the group at the border, Steve Shand of Florida, was sentenced to 6½ years in federal prison. The mastermind of the smuggling operation, Harshkumar Patel, also of Florida, was sentenced to more than 10 years in prison. Neither man spoke in court Wednesday.

“Again, we were disappointed by the length, but I can take solace in the fact that the judge did consider everything we said, and I’m sure he took it into consideration,” said Tom Leinenweber, Patel’s lawyer.

The chief of the Grand Forks Border Patrol office told WDAY News that despite the tragedy, over the past three years, they have not seen a decrease in the number of people trying to sneak across the border.

“We can’t bring the family back, but with the lengthy sentences imposed today, we can send a strong message, a message that human life does not have a price tag,” Kirkpatrick said.

Patel will likely be deported back to India after he serves his sentence. His lawyer said he plans to appeal the conviction.

Shand was ordered to report to prison July 1. He will be allowed to serve his sentence near his family in Florida.

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Unlocking Life Basics: What to know when crossing the Canadian border

Adria Peters — Mon, 05 May 2025 15:00:00 GMT

If you are planning a trip to Canada any time soon, there are certain things you should know about crossing the border. The official website of the Government of Canada provides a checklist of reminders for crossing the border.

It is always best to plan ahead. One thing you can do is check border wait times. You should also check the official CBSA Directory of Offices and Services for port of entry hours of operation. Weekend evenings and the Monday of a holiday weekend are when the border wait times are the longest, so this is something to keep in mind and to plan around. You should also consider crossing at the least busy port of entry in the area. If you are using a GPS system to guide you to a port of entry, consider checking different navigation options, such as fastest and/or shortest routes. This will make your travels easier and faster.

Canada’s official government website says, “When you arrive at a port of entry, follow the signs to the first checkpoint, also called “primary inspection.” A border services officer will check your identification and other travel documents and you will answer their questions truthfully.”

Make sure you have all of your travel documents handy. You will need proper identification for yourself and any children or minors with you. A passport is also recommended because it’s reliable and it’s the only universally-accepted travel and identification document intended for international travel. When traveling with children, you will need a signed consent letter to show the officers. This consent letter proves that a child has permission to travel into and outside of Canada from every parent or guardian who will not be with them on the trip.

If you are traveling with a pet, you will need to have their paperwork handy unless they are a service animal. Canada’s government website has more detailed information for crossing the border with your pet(s).

One thing you will need to be prepared to do is make a full and accurate declaration of your goods. This includes all purchases, food, plant and animal products, all money and currency over $10,000 (Canadian dollars), and any firearms or weapons. Visitors to Canada can bring certain goods into Canada for personal use as baggage. Personal baggage includes clothing, camping and sports equipment, cameras and personal computers, etc. You must also declare any gifts. If each gift is under $60 (Canadian dollars), you won't have to pay duties or taxes, however the gifts cannot be tobacco products, alcoholic beverages, or advertising matter. Do not wrap your gifts in case border services need to inspect the items. You should check the Automated Import Reference System (AIRS) before bringing any food, plant, and animal products into Canada. Always make sure your purchases or items coming into Canada are not on the list of restricted and prohibited goods.

You must declare all money or currency equal to or greater than $10,000 (Canadian dollars). While it’s not illegal to bring such amounts of money into Canada, you must declare it upon arrival and/or departure from Canada. Read more about this on their website.

It is also required that you declare all firearms or weapons you have with you. Failure to do this means border services officers may seize the weapons and even file criminal charges. Most weapons are prohibited from entering Canada. This even includes tasers, pepper spray, and certain knives. Check the CBSA website for detailed rules on importing firearms and other restricted and prohibited items.

If you are unsure of what to declare, ask a border services officer. They are there to help.

If you have any questions regarding crossing the border into Canada, contact border information services.

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Trump delays Mexican and Canadian tariffs for all USMCA-compliant goods

Katharine Jackson / Reuters — Thu, 06 Mar 2025 20:19:52 GMT

WASHINGTON — President Donald Trump suspended 25% tariffs on Thursday that he imposed this week on most goods from Canada and Mexico, the latest twist in a fluctuating trade policy that has whipsawed financial markets and fanned worries over inflation and a growth slowdown.

The exemptions, covering the two largest U.S. trading partners, expire on April 2, when Trump has proposed imposing a global regime of reciprocal tariffs on all U.S. trading partners.

Trump had imposed a 25% levy on imports from both countries on Tuesday and had mentioned an exemption only for Mexico earlier on Thursday, but the amendment he signed Thursday afternoon covered Canada as well. The three countries are partners in a North American trade pact.

In response, Canada will delay a planned second wave of retaliatory tariffs on $125 billion of U.S. products until April 2, Finance Minister Dominic LeBlanc said in a post on X.

For Canada, the amended White House order also excludes duties on potash, a critical fertilizer for U.S. farmers, but does not fully cover energy products, on which Trump has imposed a separate 10% levy. A White House official said that is because not all energy products imported from Canada are covered under the U.S.-Mexico-Canada Agreement on trade that Trump negotiated in his first term as president.

Trump imposed the tariffs after declaring a national emergency on Jan. 20, his first day in office, due to deaths from fentanyl overdoses, asserting that the deadly opioid and its precursor chemicals make their way from China to the U.S. via Canada and Mexico. Trump has also imposed tariffs of 20% on all imports from China as a result.

Trump first announced the levies at the beginning of February, but he delayed them for Canada and Mexico until Tuesday. Earlier this week, he declined to delay them again and doubled a 10% levy that had been in force since Feb. 4 on Chinese imports.

"On April 2, we're going to move with the reciprocal tariffs, and hopefully Mexico and Canada will have done a good enough job on fentanyl that this part of the conversation will be off the table, and we'll move just to the reciprocal tariff conversation," Commerce Secretary Howard Lutnick told CNBC. "But if they haven't, this will stay on."

Trump also said that 25% tariffs on imports of steel and aluminum would go into effect as scheduled on March 12. Canada and Mexico are both top exporters of metals to U.S. markets, with Canada, in particular, accounting for most aluminum imports.

On Wednesday, Trump exempted automotive goods from the 25% tariffs he imposed on imports from Canada and Mexico as of Tuesday, levies that economists saw as threatening to stoke inflation and stall growth across all three economies.

Trump issued those exemptions after meeting with executives from the top U.S. automakers — Ford, General Motors and Stellantis.

NO BUY-IN FROM MARKETS

U.S. stock markets resumed their recent sell-off on Thursday, with investors citing the rapid-fire, back-and-forth developments on tariffs as a concern due to the uncertainty they are fanning. Economists have warned that the levies may rekindle inflation that has already proven difficult to bring fully to heel and slow demand and growth in its wake.

The S&P 500 closed down 1.8% and is now down nearly 7% since mid-February.

"A continuation of this on-again, off-again with tariffs, particularly with Mexico and Canada," is what is creating uncertainty in markets, said Bill Sterling, global strategist at GW&K Investment Management in Boston.

"The rational economic response to business leaders when there's such a high degree of uncertainty is to sit on their hands and just defer making decisions," Sterling said. "How can you make decisions about where you locate an auto plant between the U.S. and Canada right now?"

Lutnick said that the White House is not looking to market reaction for guidance.

"The fact that the stock market goes up or down a half percent on any given day is not the driving force of our outcomes," Lutnick said. "Our outcomes are driven by we want factory production in America."

Earlier Thursday, Prime Minister Justin Trudeau, who is stepping down as Canada's leader on Sunday, said he does not expect the trade war that Trump has kicked off to abate any time soon.

"I can confirm that we will continue to be in a trade war that was launched by the United States for the foreseeable future," he told reporters in Ottawa.

There was no immediate response from Mexican officials, though earlier Thursday President Claudia Sheinbaum held a call with Trump during which he had agreed to a delay.

"We had an excellent and respectful call in which we agreed that our work and collaboration have yielded unprecedented results, within the framework of respect for our sovereignties," Sheinbaum said in a post on X.

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Trump says Canada, Mexico tariffs to take effect on Tuesday

David Lawder, Andrea Shalal and Steve Holland / Reuters — Mon, 03 Mar 2025 21:21:14 GMT

WASHINGTON — U.S. President Donald Trump said on Monday that there was no chance for Mexico or Canada to prevent 25% tariffs from taking effect on Tuesday, sending financial markets reeling on the prospect of new economic barriers in North America.

"They're going to have to have a tariff. So what they have to do is build their car plants, frankly, and other things in the United States, in which case they have no tariffs," Trump said at the White House. He said there was "no room left" for a deal that would avert the tariffs by curbing fentanyl flows into the United States.

U.S. stock indexes extended their losses after Trump's comments. The Dow Jones Industrial Average was down 1.58% for the day, the S&P 500 was down 1.78% and the Nasdaq Composite was down 2.47%.

Trump also said reciprocal tariffs would take effect on April 2 on countries that impose duties on U.S. products.

CEOs and economists say the action, covering more than $900 billion worth of annual U.S. imports from its southern and northern neighbors would deal a serious setback to the highly integrated North American economy.

The tariffs are scheduled to take effect at 12:01 a.m. CST on Tuesday. At that point Canada and Mexico would face tariffs of 25%, with 10% for Canadian energy. Mexican officials did not immediately respond to requests for comment.

Canadian Foreign Minister Melanie Joly told reporters that Ottawa would be ready to respond. "There's a level of unpredictability and chaos that comes out of the Oval Office, and we will be dealing with it," she said.

Speaking on CNN, U.S. Commerce Secretary Howard Lutnick said both countries had made progress on border security but needed to do more to curb fentanyl flows into the U.S. to reduce deaths from the opioid drug.

Trump is also expected on Tuesday to raise fentanyl-related tariffs on Chinese imports to 20% from 10% currently, unless Beijing ends fentanyl trafficking into the U.S. Lutnick did not mention any potential changes to these duties, which would affect about $439 billion worth of annual imports.

Mexico's response plans

Mexico, after avoiding the first round of Trump's tariffs by striking a last-minute deal to send thousands of troops to its northern border, has stepped up anti-drug efforts and hinted at new measures on imported Chinese goods.

President Claudia Sheinbaum, in a press conference on Monday before Trump made his remarks, said her government was calm as it awaited Trump's decision, but that Mexico but will respond if tariffs are imposed.

"We have a plan B, C, D," Sheinbaum said, without giving any details. She added that coordination with the U.S. on trade and fentanyl trafficking has been "very good."

According to the Centers for Disease Control and Prevention, 72,776 people died from synthetic opioids in 2023 in the U.S., chiefly from fentanyl.

Trump 'unwavering'

White House trade adviser Peter Navarro told CNBC on Monday that any negative impact on the U.S. from any tariffs would be "second-order small, so I don't see the president wavering on any of this, because he knows in order to get to a world in which America is strong and prosperous, with real wages going up and (more) factory jobs. This is the path that he's chosen."

Trump on Saturday added another trade action to a cascade of tariff announcements over the past month, opening a national security investigation into imports of lumber and wood products that could result in steep tariffs. Canada, already facing 14.5% U.S. tariffs on softwood lumber, would be hit particularly hard.

During the prior week, Trump ordered the revival of a tariff probe on countries that levy digital services taxes, proposed fees of up to $1.5 million every time a Chinese-built ship enters a U.S. port and launched a new tariff investigation into copper imports.

These come in addition to his plans to determine higher U.S. "reciprocal tariffs" to match the tariff rates of other countries and offset their other trade barriers.

Package orders

The White House late on Sunday issued technical orders from Trump related to tariffs on Mexico and Canada, declaring that low-value packages from the two countries cannot enter the U.S. duty-free under the "de minimis" exemption for shipments under $800.

The ban will take effect once the Commerce Department determines that adequate screening measures take place, the order said.

Trump on Feb. 4 suspended the de minimis exclusion for low-value Chinese packages, but the U.S. Customs and Border Protection Agency had to pause the suspension because packages were piling up at U.S. airports without a way to screen them.

Fentanyl traffickers have exploited the de minimis package exemption to ship fentanyl and its precursor chemicals into the U.S., and officials say the packages often enter unscreened.

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Dokken: Canada extends Remote Area Border Crossing permits through 2025, but questions remain

Brad Dokken — Fri, 21 Feb 2025 13:05:00 GMT

There was good news (sort of) this week for people who live, work or play in remote areas along the U.S.-Canada border, when the Canada Border Services Agency announced that all Remote Area Border Crossing (RABC) permits issued after Sept. 1, 2023, will now be valid until Dec. 31, 2025.

“The CBSA is extending the validity of existing RABC permits while we complete the program review,” Luke Reimer, a CBSA spokesperson, said in an email to the Herald.

The extension was effective beginning Tuesday, Feb. 18, Reimer said, and will continue until the end of this year.

RABC permits – as they’re commonly known – traditionally are good for one year, but as the Grand Forks Herald reported in November, the Canada Border Services Agency on Sept. 25, 2024, paused the processing of new and renewal RABC applications as part of a review and update of its procedures.

That left many U.S. residents who rely on the RABC permits in places without a staffed border crossing checkpoint wondering how they could legally enter Canada to fish, camp, boat or snowmobile – to name just a few activities – in areas such as the Canadian waters of lakes and rivers along the Minnesota-Ontario border if their permits had expired or they needed to apply for one.

This week’s extension to existing RABC permits eliminates those concerns, at least for now.

“New permit applications are still being accepted, but will only be processed once the review of the program has been completed,” Reimer said. “More information will be shared when available.”

According to the CBSA website, five remote areas are covered by the RABC program: the Pigeon River in northeast Minnesota through to – and including – Lake of the Woods, the Canadian shore of Lake Superior, Cockburn Island (on Lake Huron), Sault Ste. Marie (upper lock system) and the Northwest Angle area.

Travelers wishing to enter Canada without a valid RABC permit, or hold permits but are outside of one of the program’s five designated areas, must report in person to the CBSA at an open port of entry, Reimer said. Options in that situation are limited and include Ontario highway border crossings at Pigeon River, Fort Frances and Rainy River.

There are “special procedures” in place for the Northwest Angle, which is not accessible by land from the rest of the U.S., Reimer said. Bordered on three sides by Canada, the Angle is only accessible by road by driving through about 40 miles of Manitoba.

Before Tuesday’s CBSA action, Angle residents and visitors with expired RABC permits had to call the CBSA Telephone Reporting Center at (888) 226-7277 – CANPASS – to enter Canada. That remains an option for anyone at the Angle who doesn’t have an RABC, but the wait time to speak with a CBSA officer can range from a few minutes to an hour or more. The last time I called the CANPASS number from Youngs Bay on the Northwest Angle mainland, I was on hold for 47 minutes before I could talk to a CBSA officer, who cleared me to travel through Manitoba so I could get back home.

Anyone needing to call the CANPASS number from the Angle can use a personal cellphone or visit an Outlying Area Report Station (OARS) phone at Jim’s Corner, Carlson’s Landing or Youngs Bay on the Northwest Angle mainland, Reimer said.

Still to be determined, of course, is when the RABC program will be back online or if a new program will be rolled out to take its place.

Here’s an excerpt from an email the CBSA sent to a permit holder on the Northwest Angle:

“The CBSA is continuing to review the RABC program against service needs and evolving trends, while ensuring the safety, security and prosperity of Canada in order to ensure the program reflects member needs.”

In other words, stay tuned.

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Trump pauses 25% tariffs on Canadian goods after deal with Trudeau

Dave Goldiner / New York Daily News — Mon, 03 Feb 2025 22:32:27 GMT

President Trump pushed pause Monday on his plan for 25% tariffs on goods imported from Canada for a month after last-minute talks with Prime Minister Justin Trudeau produced a deal, potentially averting a costly trade war between two of the world’s closest allies and strongest trading partners.

After what he called a “good call” with Trump, Trudeau said Canada would be implementing tougher border security to fight illegal immigration and drug trafficking along the nation’s shared border.

“Proposed tariffs will be paused for at least 30 days while we work together,” Trudeau said on Monday, Feb. 3.

The deal, including $1.3 million in beefed-up border security and more troops, mirrored a similar agreement Trump forged with Mexican President Claudia Sheinbaum earlier in the day.

The levy on everything from Canadian timber and cars had been set to go into effect at midnight.

Canadian workers started pulling American booze off the shelves of government-run liquor stores in several provinces even before the U.S. tariffs went into effect.

Trudeau had threatened to counter Trump’s tariffs with an aggressive package of tit-for-tat Canadian taxes on American-made products, especially those made in pro-Trump states, like Kentucky bourbon. He warned more products would be added to the list if the dispute is not resolved quickly.

In a sign of a more damaging rift between the two strong allies, Canadian sports fans over the weekend started booing the national anthem at National Hockey League and National Basketball Association games in protest of Trump’s actions.

The north-of-the-border ally is responsible for only a tiny fraction of the undocumented immigration and illicit drugs that flow into the U.S according to data from the Drug Enforcement Administration.

Before the afternoon talk, Trump complained about the large trade deficit the U.S. runs with its neighbor and repeated his desire to force Canada to join the U.S.

“What I’d like to see (is) Canada become our 51st state,” Trump said. Canadian leaders from across the political spectrum scoff at the idea of joining the U.S.

If they ever happen, tariffs on Canada could see gasoline prices increase sharply at the pump, especially in the Midwest where Canadian crude oil makes up a larger share of refined petroleum products than elsewhere.

New car prices would be expected to jump significantly because automakers have closely integrated assembly lines in Canada and Mexico into their supply chains.

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Minnesota, Democratic-led states sue over Trump's birthright citizenship order

Nate Raymond / Reuters — Tue, 21 Jan 2025 19:36:40 GMT

BOSTON — Democratic-led states and civil rights groups have filed lawsuits challenging executive orders U.S. President Donald Trump signed after taking office, including one that seeks to roll back birthright citizenship in the U.S.

A coalition of 18 Democratic-led states, including Minnesota, and the District of Columbia and City of San Francisco filed a lawsuit in federal court in Boston on Tuesday, Jan. 21 arguing the Republican president's effort to end birthright citizenship is a flagrant violation of the U.S. Constitution.

That lawsuit followed a pair of similar cases filed by the American Civil Liberties Union, immigrant organizations and an expectant mother in the hours after Trump signed the executive order, marking the first major litigation challenging parts of his agenda since he took office on Monday.

"State attorneys general have been preparing for illegal actions like this one, and today’s immediate lawsuit sends a clear message to the Trump administration that we will stand up for our residents and their basic constitutional rights," New Jersey Attorney General Matthew Platkin said in a statement.

The White House did not immediately respond to a request for comment.

The lawsuits, which were all filed in federal courts in Boston or Concord, New Hampshire, take aim at a central piece of Trump's sweeping immigration crackdown, an order directing federal agencies not to recognize U.S. citizenship for children born in the United States to mothers who are in the country illegally or are present temporarily, such as visa holders, and whose fathers are not citizens or lawful permanent residents.

Minnesota Attorney General Keith Ellison is included in the lawsuit, as are attorneys general from New Jersey, Massachusetts, California, Colorado, Connecticut, Delaware, the District of Columbia, Hawaii, Maine, Maryland, Michigan, Nevada, New Mexico, New York, North Carolina, Rhode Island, Vermont and Wisconsin.

More lawsuits by Democratic-led states and advocacy groups challenging other aspects of Trump's agenda are expected, with cases already on file challenging the Elon Musk-led Department of Government Efficiency and an order the Republican signed weakening job protections for civil servants.

1898 U.S. Supreme Court precedent

Any rulings from judges in Massachusetts and New Hampshire would be reviewed by the Boston-based 1st U.S. Circuit Court of Appeals, whose five active federal judges are all appointees of Democratic presidents, a rarity nationally.

The lawsuits argue that the executive order violated the right enshrined in the Citizenship Clause of the U.S. Constitution's 14th Amendment which provides that anyone born in the United States is considered a citizen.

The complaints cite the U.S. Supreme Court's 1898 ruling in United States v. Wong Kim Ark, a decision holding that children born in the United States to non-citizen parents are entitled to U.S. citizenship.

If allowed to stand, Trump's order would mean more than 150,000 children born annually in the United States would be denied for the first time the right to citizenship, according to the office of Massachusetts Attorney General Andrea Joy Campbell.

"President Trump does not have the authority to take away constitutional rights," she said in a statement.

The plaintiffs challenging the order include a woman living in Massachusetts identified only as "O. Doe" who is in the country through temporary protected status and is due to give birth in March.

Temporary protected status is available to people whose home countries have experienced natural disasters, armed conflicts or other extraordinary events and currently covers more than 1 million people from 17 nations.

Several other lawsuits challenging aspects of Trump's other early executive actions are also pending.

The National Treasury Employees Union, which represents federal government employees in 37 agencies and departments, late Monday filed a lawsuit challenging an order Trump signed that makes it easier to fire thousands of federal agency employees and replace them with political loyalists.

Several other lawsuits by government employee unions and public interest groups argued that the Elon Musk-led advisory group called Department of Government Efficiency violates a federal transparency law.

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Jury finds two men guilty in deadly human smuggling operation

Hannah Shirley — Fri, 22 Nov 2024 23:22:14 GMT

FERGUS FALLS, Minn. — Two men have been found guilty in a human smuggling operation that resulted in the deaths of a family of four three years ago.

A federal jury in Fergus Falls returned the guilty verdicts on four counts of human smuggling on Friday, Nov. 22, after a five-day trial and less than a day of deliberating.

Hari Patel, 29, an Indian national, and Steve Shand, 50, of Florida, were part of a large smuggling operation that brought migrants from India into the U.S. through Canada. On Jan. 19, 2022, in what one witness described as extreme weather conditions, a family of four — including two children ages 11 and 3 — froze to death attempting to walk across the border into Minnesota.

The bodies of the Patel family — Jagdish, 39, Vaishaliben, 34, Vihangi, 11, and Dharmik, 3 — were recovered by Royal Canadian Mounted Police near Emerson, Manitoba, yards from the international border. The family has no relation to the defendant.

Shand and Patel were accused of using fake student visas to smuggle the migrants into the U.S. Once in the U.S., they were transported by car to Chicago.

“This trial exposed the unthinkable cruelty of human smuggling and the lengths that traffickers will go to maximize profit – putting men, woman and little children in extraordinary peril, ultimately leading to the tragic deaths of an entire family,” U.S. Attorney Andrew Luger said in a statement. “Today, we have brought those responsible to justice. For that, I thank the tenacious work of all of the law enforcement officers involved, including the prosecution team from my office and the Department of Justice.”

Homeland Security Investigations St. Paul Special Agent in Charge Jamie Holt said in cases like these, partnerships between local, state, federal and international agencies are vital.

“This tragic case is a stark reminder of the horrific realities of human smuggling. The unimaginable suffering endured by this family underscores the urgent need for robust law enforcement partnerships,” he said in a statement.

In closing arguments on Thursday, Patel's attorney, Thomas Plunkett, argued that Shand was at fault because he lied to authorities after being caught, delaying an emergency response by hours. Shand's attorney, federal defender Aaron Morrison, said his client was naive and that while the incident was “a great horrible international tragedy,” it wasn't one the men should be blamed for.

Assistant U.S. Attorney Mike McBride presented the government's closing arguments.

“They were lost, cold, dying,” he said. “They had to know no one was coming to get them.”

No date for sentencing has yet been set, according to a courthouse clerk.

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Closing arguments delivered in federal human smuggling case

Mathew Holding Eagle III / MPR News — Fri, 22 Nov 2024 02:52:26 GMT

FERGUS FALLS, Minn. – In the Federal Courthouse in Fergus Falls, lawyers delivered final arguments Thursday, Nov. 31, in the trial of Harshkumar Patel and Steve Shand. They are accused of human smuggling in a case that resulted in a family of four from India freezing to death on the U.S.-Canada border almost three years ago.

The case is now expected to go to the jury Friday morning.

Before final arguments, the court heard from prosecution witness FBI Special Agent Nicole Lopez, who is a member of the Cellular Analysis Survey Team or CAST.

She presented a location analysis of phone numbers associated with the two defendants. She mapped information from cell towers to show approximately where the two men were when they communicated with each other in Florida, Minnesota and later Chicago.

Then Homeland Security Agent Manuel Jimenez told the court how he took the information from Lopez and cross-referenced it with banking information, car rentals and flight records. He said it shows how the two worked together leading up to the night of the deaths and beyond. Prosecutors said they were also able to use Patel’s fingerprints to prove that he is the Hari Patel who worked with Shand.

Jimenz also said the analysis found evidence the driver who dropped off the migrants on the Canadian side of the border was Finl Patel. He was identified by an earlier witness, Rajinder Singh, as the mastermind behind the organization bringing people from Gujarat in India to the U.S.

Clearly, linking the two defendants and the larger smuggling operation is a key part of the government's case.

In opening statements Tuesday, Thomas Leinenweber, Harshkumar Patel’s attorney, said there was nothing to connect his client with the case.

In cross examination of Jimenez on Thursday, Leinenweber pointed out that while his client’s name was in Shand’s phone, the government has no direct evidence Patel paid for flights, plane tickets, rentals or anything else. He also said there were no deposits into Patel’s bank or wire transfers. Jimenez pushed back saying the payments were inferred through texts.

Jimenez was the last prosecution witness.

Neither of the defendants’ lawyers chose to call witnesses.

Closing arguments

Assistant U.S. Attorney Mike McBride presented the government's closing arguments.

He focused on the four members of the Patel family – father Jagdish, mother Vaishaliben and their daughter Vihangi, 11, and son Dharmik, 3 – who perished early in the morning of January 20, 2022, recounting their last moments.

“They were lost, cold, dying,” he said. “They had to know no one was coming to get them.”

He reminded the jury of the testimony they heard Wednesday from 23-year-old Yash Patel, who is not related to the defendant nor the people who died.

McBride reminded jurors Yash was out in the storm too that night, walking for hours.

“He knew to stop walking was to die,” he said.

McBride talked about hearing from the smuggler Rajinder Singh about the need for people on the ground to make the system work and McBride said in this case those people were Hari Patel and Steve Shand.

Patel’s other attorney, Thomas Plunkett, tried to place the blame for the situation on Shand, saying when he lied to authorities after he was caught, it resulted in no emergency response. It would be hours before the Patel family’s bodies were found.

He also described Singh, the professional smuggler, as a professional liar. Plunkett then denied that his client was the so-called “Dirty Harry” mentioned in the evidence gathered by the government.

Federal defender Aaron Morrison presented the final argument for Shand. He said his client was naïve and was only trying to extend business for his taxicab company. Morrison claimed the smuggling organization took advantage of his client. He also pointed out that the family who died had willingly traveled from India and Shand should not be blamed for that. He finished by calling it “a great horrible international tragedy.”

As the afternoon drew to a close, defense attorney Plunkett made a motion to declare a mistrial. However, Judge John Tunheim quickly denied the motion.

Earlier Thursday, it seemed likely the jury would get the case, however, during closing arguments Tunheim announced deliberations will begin Friday morning after final instructions.

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Survivor tells story of fatal night in human smuggling trial

By Mathew Holding Eagle III / MPR News — Thu, 21 Nov 2024 02:26:45 GMT

FERGUS FALLS, Minn. – The jury in the federal trial for two men accused of human smuggling heard dramatic testimony Wednesday, Nov. 20, from a man who crossed the U.S. Canadian border in a snowstorm on Jan. 19, 2022. He was with a group which included the Patel family of four who froze to death that night.

Defendants Hari Patel, 29 — who is no relation to the victims — and Steve Shand, 50, face charges in connection with what happened.

On Wednesday afternoon, Yash Patel, 23, took the stand. He is also unrelated to the victims.

Originally from the Indian state of Gujarat like the other migrants brought over in the human smuggling operation, he now works as a cashier at a Dunkin Donuts in Chicago.

He told the court he was not sure who funded his journey to the U.S. but believes a friend of his grandfather arranged the travel.

He described a long and confusing journey. He said he left India in late December 2021 for Toronto. Just a day later he flew to Vancouver where he was left alone in a house for about two weeks. Then he was sent back to Toronto. He asked why he was being moved around and was told “whatever we say you have to do.”

Into the cold

Two days later, he was picked up and taken to Winnipeg to a house where there were six or seven other people. He said they were all from India. He didn’t recognize any of them but they spoke the dialect of the state of Gujarat.

He was there for one or two hours. He said he only had his clothes, a T-shirt and pants and documents. He said everyone was given a jacket, gloves, shoes and some foot and hand warmers.

Two men then arrived to pick everyone up in a large van. Yash recalled the men said nothing the entire time. He saw a family in the van already: two parents and two children. He said that night the temperature was minus 35-40 degrees. He said they were never told where they were being taken.

Yash told the court they drove for about 20-30 mins, or maybe longer, he was unsure. Then they set off on foot.

Everyone was told to walk straight, although he said he did not know straight where.

Yash said it was snowing and very windy. Initially, the group walked together. However, at one point he turned to look behind and didn’t see anyone with him. He was separated. So he kept walking. He says he walked for five or six hours. He said he was scared. He was alone. He couldn’t see lights anywhere. He couldn’t find shelter, so he kept walking.

He said he never saw the family again.

Eventually he came across a van stuck in the snow. He headed toward it and got in because he was in a “serious condition.” Another migrant was already in the van when he got there.

Earlier testimony described how a mechanic who works at a nearby gas plant found defendant Steve Shand stuck in the snow with two migrants in his van. Yash said he fell asleep and was awakened when the Border Patrol arrived and took him into custody.

Under cross-examination Yash said his plan was to stay in Canada as a student. He never intended to cross illegally into the U.S. However, he said he was just doing and going where he was told. He said he now wants to stay in the U.S. He has filed for asylum with the help of his immigration lawyer.

A cold retrieval

The court also heard powerful testimony from Royal Canadian Mounted Police Officer Pierre Demere who retrieved the Patel family’s bodies. He showed jurors images of the scene. The snow-covered bodies of the father Jagdish, 34, son Dharmik, 3 and daughter Vihangi, 11, were huddled together. And a short way away they found the body of the mother Vaishali, 39, leaning up against a chain link fence.

Demere said they retrieved the bodies one at a time because it was so cold.

Other significant testimony earlier in the day came from Rajinder Singh, a self-admitted human smuggler. On Tuesday he told the court he had personally made $400,000 dollars from the business. He said people usually pay around $100,000 to take the trip.

Singh said he heard later from the mastermind behind the whole operation, Finl Patel — also no relation to the victims — that the Patel family called Finl Patel on the fatal night saying it was too cold to cross. Sing said Finl Patel promised to have them picked up, but did not follow through.

The jury also heard from Homeland Security analyst Devin Stefanowicz who built a record of the communications, financial transactions, and other connections between Hari Patel and Steve Shand before and during the night the family died.

There were also communications between Shand and his wife, Stephanie Brown. Stefanowicz told the court this included videos Shand sent Patel of the weather conditions on the night the migrants were due to cross.

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