A federal jury found Luis Donaldo Garcia Lopez, a 31-year-old Mexican national from Guasave, Sinaloa, guilty of being an alien in possession of a firearm and ammunition on Feb. 26 in Phoenix, Arizona. Sentencing is set for May 21 before U.S. District Judge John J. Tuchi.
The case highlights ongoing efforts to address illegal firearm possession by individuals unlawfully present in the United States.
According to court documents and evidence presented at trial, officers with Immigration and Customs Enforcement’s Enforcement and Removal Operations learned that Garcia was unlawfully present in the country. On Feb. 21, 2025, officers stopped Garcia and asked if he had any weapons; he stated there was a firearm in a lunchbox inside his vehicle. Officers located a Glock semi-automatic handgun loaded with five rounds of ammunition. The Bureau of Alcohol, Tobacco, Firearms and Explosives took custody of the weapon while Garcia was arrested for immigration violations.
Prosecutors presented evidence that Garcia knew he was not legally permitted to possess a firearm due to his immigration status. Records showed that Garcia entered the United States lawfully on July 26, 2020, with a B1/B2 visa and one-year permit but did not renew it after it expired in March 2023. There were no records indicating he left the country or reapplied for admission.
A conviction for possession of a firearm and ammunition by an illegal alien carries up to 15 years in prison, a $250,000 fine, and up to three years of supervised release.
This prosecution is part of Operation Take Back America, described as “a nationwide initiative that marshals the full resources of the Department of Justice to repel the invasion of illegal immigration, achieve the total elimination of cartels and transnational criminal organizations (TCOs), and protect our communities from the perpetrators of violent crime.” The investigation involved multiple agencies including ATF’s Phoenix Division; ICE Enforcement and Removal Operations; U.S. Customs and Border Protection Office of Field Operations; and the State Department’s Diplomatic Security Service.
