The Justice Department decided to end federal prosecution against Henrry Josue Villatoro Santos who serves as an alleged MS-13 East Coast leader.
The Justice Department announced this move just beneath two weeks after Virginia authorities arrested Villatoro Santos for illegal gun possession.
The U.S. government plans to send Villatoro Santos back to El Salvador instead of pursuing his federal court prosecution because of newly decided deportation policy.
The defense team fights against the government’s attempt to settle the case by deportation because they believe it would deny him legal protection and could result in his placement at the Terrorist Confinement Center (CECOT) in El Salvador.
During the March raid by Virginia Homeland Security Task Force members Villatoro Santos received initial charges for possessing guns found at his residence.
The authorities uncovered evidence which indicated that he had connections with MS-13 whose organization the U.S. government recognizes as a foreign terrorist group.
U.S. Attorney General Pam Bondi praised the arrest by calling Villatoro Santos a terrorist who faced immediate deportation.
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The Justice Department announced its plans to let criminal charges against Villatoro Santos fall away thus making deportation his main path forward. The office of Bondi has declared that Villatoro Santos will face deportation from the United States.
His lawyer Muhammad Elsayed criticizes this change in direction because he believes such actions could violate his client’s rights.
The legal team of Elsayed requests a postponement in the case dismissal because Villatoro Santos might be deported to El Salvador before he can file an appeal against the deportation.
The defense team maintains that official U.S. government designations of him as an MS-13 leader expose him to permanent imprisonment and abusive treatment in El Salvador’s notorious prison system.
Previous to the current administration under Trump the Alien Enemies Act was utilized to deport several members affiliated with MS-13 as well as other gang members to El Salvador.
The CECOT receives numerous deportees after their return to El Salvador from the United States despite reports of severe inhumane treatment in this facility.
The defense attorneys of Villatoro Santos believe his deportation will lead to the same outcome because he lacks the chance to defend against his deportation process.
The case demonstrates the ongoing conflict between the U.S. and its foreign nationals regarding immigration policy and rights of foreign nationals particularly when gang membership becomes an issue. The legal proceedings show no clear indication about whether the Justice Department will enact deportation or switch their current strategy.