BIDDEFORD — Two brothers who own Mexican restaurants in Maine, including one in Biddeford, were released from prison after posting bail. They were arrested Wednesday and charged in federal court with one count each of conspiring to harbor illegal aliens and employing illegal aliens.

Hector Fuentes, 37, of Waterville, owner of Cancun Mexican Restaurant II in Biddeford and Cancun Mexican Restaurant in Waterville was released after posting $10,000 in cash of his bail set at $100,000.

Guillermo Fuentes, 35, of Westbrook, owner of The Fajita Grill in Westbrook, was released after posting $3,000 of his bail set at $30,000.

They each face maximum prison terms of 10 years for conspiring to harbor illegal aliens and up to $250,000 in fines. Each man faces up to six months in prison for engaging in the practice of hiring aliens and a fine of up to $3,000 for each illegal immigrant hired.

Both were required to surrender their passports.

The brothers were arrested and federal raids were conducted at the restaurants this week.

In a court affidavit, Special Agent James Bell with the Department of Homeland Security stated he began his investigation in 2008 after being contacted by the Westbrook Police Department.

According to Bell, when police stopped several Hispanic men for routine traffic violations, they claimed to be from Mexico and couldn’t provide any U.S. identification documents. Since the men all appeared to work at The Fajita Grill this prompted a potential criminal investigation of the restaurant and its owner Guillermo Fuentes, said Bell. The investigation also expanded to include Hector Fuentes and his Waterville and Biddeford restaurants.

In his affidavit, Bell details his interviews with four individuals who stated they were employed by the Fuentes brothers. All four stated they are Mexican citizens unlawfully present in the U.S.

They all said they worked first at an Atlanta restaurant, El Potrillo Mexican Restaurant, managed by Guillermo Fuentes, before coming to work for one or both of the Fuentes brothers in Maine, stated Bell.

Some said they weren’t required to present identification documents, others said they were told to make up Social Security numbers. Several said they had discussed their illegal status in the U.S. with one or both of                  the brothers.

All four also said, according to Bell, that they and others temporarily resided, rent-free, in the basement of the Fajita Grill, where they slept on cardboard and blankets and used buckets of water to bathe.

In an interview with Westbrook Code Enforcement Officer Richard Gouzie, Bell said Gouzie discovered evidence that someone was living in the basement of the Fajita Grill. Guillermo Fuentes told Gouzie that the basement was used as a rest area by employees, stated Bell.

As a result of the witness cooperation, the four have received “deferred action” status allowing them to live and work legally in the U.S. for the duration of their cooperation. One of the witnesses has also been allowed to be a lawful permanent resident and given immunity for all but violent criminal acts for the information provided.

The U.S. Attorney’s office does not plan to prosecute the other three for their illegal presence and employment in the U.S., according to the court documents.

Despite the arrests, at least some restaurant customers are supporters of the brothers. On the Facebook page for The Fajita Grill, many have stated they plan to frequent the restaurant once it reopens.

— Staff Writer Dina Mendros can be contacted at 282-1535, Ext. 324 or dmendros@journaltribune.com.