Two men are set to face trial this week in a human smuggling case involving an Indian family that froze to death at the U.S.-Canada border.
Almost three years after the Indian family of four froze to death, two men are set to stand trial on Monday on accusations of participating in a global human smuggling operation.
The Case
Federal prosecutors allege that Harshkumar Ramanlal Patel, a 29-year-old Indian national, orchestrated part of the smuggling operation and enlisted Steve Shand, a 50-year-old Florida resident, to transport migrants across the U.S.-Canada border. Both defendants have entered not guilty pleas in federal court in Minnesota. The trial, overseen by U.S. District Judge John Tunheim, is expected to span five days.
On January 19, 2022, prosecutors say Steve Shand was waiting in a truck to pick up 11 migrants, including a family of four from Dingucha, a village in India’s Gujarat state. Jagdish Patel, 39, his wife Vaishaliben, in her mid-30s, their 11-year-old daughter, Vihangi, and 3-year-old son, Dharmik, succumbed to the extreme cold after spending hours lost in blizzard conditions. Wind chill temperatures plummeted to minus 36 degrees Fahrenheit.
According to prosecutors, Jagdish Patel was found clutching his 3-year-old son, who had been wrapped in a blanket in an apparent attempt to shield him from the brutal cold.
AP Photo/Michael Goldberg/AP Photo/Michael Goldberg
Patel is a common surname in India, and the victims were not related to Harshkumar Patel, federal prosecutors said. Authorities allege that Harshkumar Patel and Steve Shand were involved in a smuggling network that recruited clients in India, facilitated their Canadian student visas, arranged travel and illegally transported them into the United States, primarily through border crossings in Washington state or Minnesota.
The U.S.-Canada Border
Over the past year, U.S. Border Patrol reported arresting more than 14,000 Indian nationals at the Canadian border, marking a significant influx. By 2022, an estimated 725,000 Indians were living in the United States without legal status, making them the third-largest group of undocumented immigrants after Mexicans and Salvadorans, according to the Pew Research Center.
Allegations Against Patel
Harshkumar Patel’s attorney, Thomas Leinenweber, said his client immigrated to the United States to escape poverty and pursue a better life, insisting that Patel is “unjustly accused of participating in this horrible crime.”
Leinenweber added, “He has faith in the justice system of his adopted country and believes that the truth will come out at the trial.”
Attorneys representing Steve Shand did not respond to requests for comment.
Prosecutors revealed in court filings that Harshkumar Patel was living in the United States illegally after being denied a U.S. visa at least five times. They allege Patel recruited Shand at a casino near their residences in Deltona, Florida, a city just north of Orlando.
Court documents detail frequent communication between Harshkumar Patel and Shand over a five-week period, often discussing the harsh winter conditions as they smuggled five groups of Indian migrants across a remote border area. In one December 2021 exchange, Shand reportedly messaged Patel, describing the frigid night as “cold as hell” while waiting for a pickup.
Prosecutors allege that Shand admitted to investigators that he was paid approximately $25,000 by Harshkumar Patel for completing five smuggling trips.
Minneapolis-based immigration attorney Satveer Chaudhary, who has represented migrants exploited by motel owners—many from Gujarat—said smugglers and unscrupulous business operators often lure migrants with false promises of an unattainable American dream.
This article includes reporting from The Associated Press.