Justice Department dropping charges against man accused of being MS-13鈥檚 鈥榣eader for the East Coast鈥�
The Justice Department moved to drop charges Wednesday against a man they had alleged to be a 鈥渕ajor leader鈥� of the MS-13 gang 鈥� just weeks after publicly lauding his arrest 鈥� a move his lawyer says is the first step toward immediately deporting him to El Salvador.
Attorney General Pam Bondi, in a press conference last month, said the man, Henrry Villatoro Santos, was MS-13鈥檚 鈥渓eader for the East Coast,鈥� and that he was among the 鈥渉orrible, violent, worst of the worst criminals.鈥�
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Now, just two weeks later, Trump鈥檚 Justice Department, without explanation, moved to dismiss the single federal charge he faced for unlawfully possessing a firearm. In a court filing, prosecutors said only that 鈥渢he government no longer wishes to pursue the instant prosecution at this time.鈥�
The switch in tactic comes as the Trump administration works to rapidly deport alleged gang members. In March, President Donald Trump invoked the Alien Enemies Act of 1798, which gives a president broad power to target and remove undocumented immigrants in times of war or when an enemy attempts an 鈥渋nvasion or predatory incursion.鈥�
Villatoro Santos鈥� lawyer quickly moved to temporarily keep the federal charges pending against his client, saying that if the case were dropped, Villatoro Santos would be 鈥渋mmediately transferred to ICE custody.鈥�
鈥淭he danger of Mr. Villatoro Santos being unlawfully deported by ICE without due process and removed to El Salvador, where he would almost certainly be immediately detained at one of the worst prisons in the world without any right to contest his removal, is substantial, both in light of the Government鈥檚 recent actions and the very public pronouncements in this particular case,鈥� defense attorney Muhammad Elsayed wrote to the court.
He cited the ongoing legal battle over Trump鈥檚 use of the Alien Enemies Act to deport more than 200 Venezuelan nationals to El Salvador鈥檚 maximum-security mega prison. Elsayed said that 鈥渋n its rush to prove to the American public that this administration is tough on crime and immigration enforcement,鈥� the government has 鈥渨rongfully deported鈥� people and maintains that it has 鈥渘o obligation鈥� to facilitate their returns.
鈥淭he undersigned is keenly aware of the unusual nature of this motion,鈥� he wrote. 鈥淏ut these are unusual times.鈥�
According to court documents unsealed last month in the Eastern District of Virginia, Villatoro Santos was taken into custody on an outstanding administrative immigration warrant. He was also charged with illegal possession of a firearm. Federal agents found several firearms in the residence.
The arrest was executed by a new interagency task force established by the Trump administration to target transnational organized crime and coordinate ongoing immigration enforcement efforts across Virginia. Its creation was part of a crackdown by the Trump administration on foreign gang members residing in the United States.