DHS investigation uncovers alleged immigration asylum fraud scheme

PROVIDENCE, R.I. – A Rhode Island man was indicted by federal grand jury Tuesday for allegedly running an immigration fraud scheme in which false asylum applications were filed on behalf of more than 300 individuals who did not request nor authorize the applications.

Nimon Naphaeng, 34, a native and citizen of Thailand, who currently resides in Wakefield, Rhode Island, was charged with a 26-count indictment, for charges including visa fraud, mail fraud, aggravated identity theft and international money laundering, following an investigation conducted by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations, with substantial assistance from the U.S. Citizenship and Immigration Services - Fraud Detection National Security Asylum Office, Lyndhurst, New Jersey, and the Warwick, Rhode Island, Police Department.

The government is also seeking the forfeiture of $279,550 seized from Naphaeng, monies allegedly realized by Naphaeng in the execution of the scheme.

According to the indictment and information presented to the court, from January 2014 and December 2015, Naphaeng advertised on the Internet and in flyers posted at various businesses that he could assist Thai nationals with obtaining an Employment Authorization Document (EAD) card, and, as a result, further government benefits such as a social security number, a driver’s license and, if they qualified, other financial benefits. It is alleged that Naphaeng, without the consent of the applicants, used personal information they provided to him to secure an EAD card to instead file asylum applications in their names. The applicants did not know that Naphaeng was filing asylum claims in order to secure EAD cards.

In order to qualify for asylum, an applicant must establish that they cannot return to their native country based upon persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. The applicant must personally sign the application and swear under penalty of perjury that the information is true and correct. An initial asylum application grants the applicant certain benefits while their application is pending, including the issuance of an EAD card.

Nationwide, Thai nationals historically file less than 20 asylum applications each year. According to information presented to the court, this investigation began in January 2015, when immigration officials observed a surge of citizens from Thailand submitting asylum applications. A significant number of the applications allegedly shared the defendant’s home or work address. It is alleged that a review of more than 260 of these asylum applications contained virtually identical asylum claims, factual scenarios and supporting documents.

An indictment is merely an allegation and is not evidence of guilt. A defendant is entitled to a fair trial in which it will be the government’s burden to prove guilt beyond a reasonable doubt.

Naphaeng, who was arrested on a criminal complaint on Dec. 22, 2105, is detained in federal custody. A federal arrest warrant was obtained based on information developed by agents investigating this matter that Naphaeng was allegedly planning to leave the United States.