45 Mexican truck drivers accuse US recruiter, carriers of forced-labor scheme

At least 45 Mexican truck drivers are now represented by attorneys pursuing allegations that drivers were recruited to haul freight in the U. S. through false promises of legal work authorization and then subjected to coercive labor practices.

Twenty-nine of the drivers are currently plaintiffs in a federal lawsuit against California-based Omega Compliance Solutions LLC, Henry G. Gamino, Rick Gamino and several U. S. trucking and transportation companies. The lawsuit, Doe v. Omega Compliance Solutions LLC et al. , was filed in December in U. S.

District Court for the Southern District of California. An amended complaint filed Jan. 15 names South Star Logistics, Trius Trucking, New Legend, B&B Transport, A&I Transport, Diesel Direct and Diesel Direct West among the defendants. The case remains pending, and the allegations have not been adjudicated.

Karla Madrazo Villarreal, attorney for the plaintiffs, told FreightWaves that her firm now represents at least 45 Mexican commercial drivers reporting “substantially similar experiences” connected with the alleged recruitment and staffing arrangement. The original lawsuit involved 22 drivers, with seven more added in the amended complaint.

“Additional drivers have come forward since the First Amended Complaint was filed,” Madrazo Villarreal said in a written response to FreightWaves. “Our firm currently represents at least 45 Mexican commercial drivers who report substantially similar experiences arising from the alleged recruitment and staffing arrangement.”

The 29 current plaintiffs are included in that figure. Madrazo Villarreal said the investigation is continuing and the total number of potentially affected drivers could be higher. Her firm anticipates asking the court to add plaintiffs and potentially additional defendants if its investigation produces sufficient evidence.

Attorneys suing Omega Compliance Solutions and several U. S. trucking companies say they now represent at least 45 Mexican commercial drivers reporting similar experiences involving alleged false promises of U. S. work authorization, recruitment fees and coercive labor practices.

(Photo: Jim Allen/FreightWaves) Drivers allege promises of visas and legal US employment According to the amended complaint, Omega and recruiters acting on its behalf targeted professional commercial drivers in Mexico from approximately 2022 through 2025 with promises of lawful U. S.

work authorization, employment-based visas and, in some instances, eventual permanent residency. The plaintiffs allege recruiters communicated through WhatsApp messages and voice recordings, meetings in Baja California and San Diego County, and written materials.

The complaint alleges drivers were given purported immigration “case numbers” and misleading information about Individual taxpayer identification numbers that made them believe legitimate immigration sponsorship was underway. Drivers allegedly paid “activation” and “visa processing” fees before being placed with U. S. carriers.

Madrazo Villarreal said the alleged immigration promises were central to recruiting the drivers. According to the complaint, “the drivers were told that they would be able to work lawfully in the United States and that Omega would arrange or facilitate the necessary immigration process,” she told FreightWaves.

The alleged representations included employment-based immigration processing, work permits and, in some cases, permanent residency, she said. Plaintiffs contend their subsequent economic and immigration dependence was then used as leverage to keep them working. One allegation provides a particularly detailed example.

The amended complaint claims that in early 2023, Henry Gamino sent WhatsApp voice messages to a driver saying Omega had secured an EB-3 immigration “case number” for him and that the driver could obtain a work permit and residency after paying a $3,000 “activation” fee.

The complaint alleges the driver was told that if he refused freight loads or left the program, he would “lose everything” and be reported to immigration authorities. The driver allegedly paid the fee, surrendered his passport and began hauling loads for one of the carrier defendants. Those allegations have not been proven in court.

Passports, deductions and threats alleged The plaintiffs allege drivers subsequently faced deductions characterized as payments for legal advice, taxes, insurance, truck maintenance, penalties and fuel.

The complaint also alleges some drivers surrendered passports and I-94 immigration documents that were retained, while drivers who questioned the immigration process, requested their documents or attempted to leave allegedly faced threats involving deportation, financial penalties and blacklisting.

Plaintiffs contend the arrangement amounted to forced labor and trafficking under the federal Trafficking Victims Protection Reauthorization Act. They also assert claims under the Racketeer Influenced and Corrupt Organizations Act and Fair Labor Standard