Last Updated on April 24, 2025

Following a tip received in December of 2024, on February 12, 2025, a “worksite enforcement action” conducted by Homeland Security Investigations (HSI) at Abby’s Bakery in Los Fresnos, Texas, resulted in the apprehension and removal by Immigration and Customs Enforcement (ICE) of eight undocumented workers and the subsequent criminal charges filed against the business owners, Leonardo Baez and Alicia Avila-Guel.

While most headlines have focused on the legal ramifications and community response, this case provides a critical lesson for employers across the country- particularly HR professionals- on the importance of employment eligibility verification and the risks of noncompliance.

The Raid and Its Implications

The Los Fresnos raid resulted in more than just the arrest of undocumented workers- it led to serious criminal charges against the business owners, Baez and Avila-Guel. The couple was charged with conspiracy to harbor undocumented immigrants for financial gain, which is a federal offense. If convicted, Baez and Avila-Guel face up to ten years in federal prison and a fine of up to $250,000. The government alleges they provided both employment and on-site housing, constituting what is legally referred to as “harboring.”

The indictment states that the bakery owners knowingly employed and provided housing to workers they understood to be unauthorized, which prosecutors argue allowed the workers to remain in the country unlawfully. This goes beyond traditional employment violations. This enters the territory of federal criminal liability, where each act of harboring or concealment can be treated as a separate offense. While the bakery has since reopened under specific legal conditions, the reputational and financial damage continues to unfold.

For HR professionals, this case is a sobering reminder that violations tied to employment eligibility aren’t just administrative errors- they can lead to criminal exposure for business owners. Whether harboring occurs through willful neglect of I-9 documentation, failure to investigate known “red flags” or by creating living and working arrangements that shield unauthorized individuals from detection, the liability is real and substantial.

Understanding the Legal Definition of Harboring

Under federal law, harboring unauthorized individuals includes any action to conceal or facilitate a person’s continued unlawful presence in the U.S.- including employment and providing shelter or resources that help them evade detection.

For HR departments, this means:

• Knowingly employing unauthorized workers can trigger harboring charges.
• Overlooking signs of inauthentic documents or incomplete Form I-9s could be construed as willful ignorance.
• Providing benefits or housing tied to employment may amplify legal exposure if workers are later found to be unauthorized.

The penalties can include steep fines and even imprisonment, especially if the government determines that the employer acted knowingly or with reckless disregard.

Why I-9 Compliance Matters

All U.S. employers are required to complete Form I-9 for every employee hired, verifying identity and employment authorization. Incomplete, inaccurate or missing I-9 forms can lead to significant fines, legal exposure and reputational damage. In the case of Abby’s Bakery, the alleged disregard for proper documentation procedures played a central role in the investigation.

Here’s what HR professionals should take away from this case:

• Form I-9 Must Be Completed Timely: Employers must complete Section 1 of Form I-9 no later than the first day of employment and Section 2 within three business days of the employee’s start date.
• Review and Retain Proper Documentation: Employers should review original documents, ensure they appear genuine and retain copies for the appropriate length of time. It is also important to purge old I-9 documents.
• Stay Current on Evolving Requirements: With regular updates to Form I-9 and evolving rules around employment eligibility, HR professionals should ensure ongoing compliance through regular training and internal audits.

Proactive Steps for Employers

This situation underscores the importance of taking proactive measures to avoid similar outcomes:

1. Conduct Internal I-9 Audits: Periodic self-audits can uncover discrepancies and allow for corrective action before federal inspection.
2. Train Your HR Team: Regular training ensures your team understands how to properly complete, store, and manage I-9 forms and stay compliant with federal guidelines.
3. Use E-Verify Where Appropriate: While not mandatory in all states, E-Verify adds an additional layer of security by confirming employment eligibility against government databases.
4. Know the Risks of Noncompliance: Penalties for I-9 violations can range from hundreds to thousands of dollars per employee, not to mention the legal and reputational risks of being targeted in an ICE raid.

Going Beyond the Bench with MyHRConcierge

The Abby’s Bakery raid is a stark reminder that employment compliance isn’t just a bureaucratic task, but a foundational component of business operations. HR professionals must ensure that employment eligibility verification processes are rigorous, accurate and consistently applied. By doing so, companies can avoid legal pitfalls and contribute to fair and lawful employment practices.

By taking proactive steps and leveraging the expertise of partners like MyHRConcierge, businesses can reduce risks and maintain a compliant and reliable workforce.

For more information on how we can support your compliance efforts, contact MyHRConcierge today at ccooley@myhrconcierge.com, 855-538-6947 ext. 108, or, schedule a free consultation below: