One of the three men arrested in the March 24 traffic stop in Rochester that generated national attention has been charged with a felony reentry charge.
Wilson Oswaldo Galvan-Lopez, originally of Guatemala, was charged with a violation of US Code 1326 for allegedly reentering the country illegally after being previously deported. Illegal entry is typically a misdemeanor, unless the person has already been deported, in which case it becomes a felony offense.
In an affidavit in support of the criminal complaint, Homeland Security Investigations officer Mike Jann alleges that Galvan-Lopez was previously deported in May 2023, after Border Patrol apprehended him in Arizona.
“This case is part of Operation Take Back America, 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,” a statement from the U.S. Attorney’s Office reads.
However, neither the affidavit nor statement note any evidence that Galvan-Lopez is part of a cartel or criminal organization. No local, state, or federal criminal records could be found for Galvan-Lopez, nor his father and brother, who were also apprehended in the traffic stop. All three were processed at an immigration detention facility in Batavia, which included a background search and fingerprinting.
No criminal charges have been filed against the other two men as of Thursday. WXXI News is withholding their names in response to safety concerns raised by an immigration advocacy group working with the family.
Sarah Galvan, Galvan-Lopez's stepmother, said in a previous interview that the three men were roofers heading home from a job. She also said Galvan-Lopez had come to the country after his older brother was killed in Guatemala while working a security job.
The affidavit alleges that one of the men was under surveillance for violating federal immigration law, which led to the traffic stop.
That stop received national attention after 10 Rochester police officers responded to an emergency call from the federal immigration officers. A video recorded by a bystander shows the officers assisted with the arrests, including helping remove the men from their work van and handcuffing at least one of them.
Mayor Malik Evans and Police Chief David Smith called the officers out and said their assistance appeared to violate the city's sanctuary city policy. All 10 officers were briefly taken off the streets. Most are back to regular duty after receiving a two-hour training session.
While RPD officers can respond to emergency calls from federal immigration enforcement officers and help ensure the safety of a scene, they are forbidden by city and Police Department policy from assisting directly in immigration enforcement.
Rochester City Council President Miguel Meléndez, who also serves as chief community engagement officer for the Ibero-American Action League, condemned the “politicization” of sanctuary city policy.
Evans and Smith’s statement had sparked widespread criticism among Republican politicians, from the local level to President Donald Trump’s border czar, Tom Homan.
“We do not need state or county politicians who do not represent a single city resident to push a reckless agenda on Rochester,” Meléndez said. “Nor do we need people proposing new policies that cannot hold up in courts.”
In a phone call, Meléndez said the Galvan-Lopez arrest ran counter to the federal government’s claims that it’s targeting violent criminals and gang members.
“The national rhetoric is that this federal administration is only targeting the worst of the worst criminals,” Meléndez said. “And the reality, I think, is they're using entry into the country as a criminal offense and making that the definition of criminal.
“We're a nation of laws, but that is, in my opinion, an aggressive approach to target and break up families and to harm people in community,” he continued.
Galvan-Lopez is facing up to two years in prison if convicted.
