A federal grand jury has indicted Jeffry Jose De Pena, a 39-year-old Dominican national, on charges of perjury and immigration fraud. De Pena, who was unlawfully present in the United States, is accused of lying about his criminal history when applying for temporary protection under the Deferred Action for Childhood Arrivals (DACA) program.
According to the indictment and court documents, De Pena submitted Form I-821D to U.S. Citizenship and Immigration Services (CIS) in December 2021. On this form, he answered “No” to a question asking if he had ever engaged in sexual contact or relations with someone who was being forced or threatened. CIS approved his application on January 5, 2022.
However, on February 20, 2023, a Wake County grand jury indicted De Pena on multiple counts related to child sex offenses that allegedly occurred between January 1, 2007, and January 1, 2012. He was later convicted on March 21, 2024, of indecent liberties with a child and first-degree sex offense with a child by an adult. The crimes involved a victim who was four years old at the time they began. De Pena received a prison sentence ranging from 300 to 420 months and was ordered to register as a sex offender.
Because De Pena’s arrest came after his DACA status approval, immigration officials were not aware of his prior offenses at the time of his application.
U.S. Attorney Ellis Boyle stated: “We remain committed to safeguarding the integrity of our children and society by ensuring alien applicants provide truthful information and are not child sex predators. While these charges are only allegations at this stage, the public should know that our office will scrutinize false statements and continue to uphold the rule of law and support our federal partners as they carry out their mission.”
De Pena faces up to 15 years in prison if convicted on both counts.
The case is being prosecuted by Assistant U.S. Attorney Lori Warlick. The investigation is part of Operation False Haven—a broader effort involving ICE ERO officers and HSI agents assigned to the Document and Benefit Fraud Task Force—which targets individuals who obtain immigration benefits through fraudulent means.
Further details about this case can be found through public records available from the U.S. District Court for the Eastern District of North Carolina or via PACER by searching Case No. 5:25-CR-00288.
