The United States Department of Justice has requested the withdrawal of its case against Henrry Josue Villatoro Santos, a 24-year-old Salvadoran man previously labelled as a senior terrorist within the MS-13 gang. The decision came less than two weeks after Santos was arrested in Virginia on firearms charges. During the arrest, agents discovered guns, ammunition, and a suppressor in a Dale City home, along with imagery of Jesus Malverde, a figure linked to organised crime. Attorney General Pam Bondi publicly hailed the arrest, describing Santos as one of the nation’s “top domestic terrorists”.
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Despite the initial high-profile statements, the Justice Department has not provided a formal explanation for dismissing the case. A spokesperson for Bondi said Santos would now face removal proceedings as a “terrorist”. According to anonymous officials cited by The Washington Post, the government intends to deport Santos swiftly—an unusual move, as prosecution normally precedes deportation in cases involving serious charges.
In court, Santos’s defence lawyer, Muhammad Elsayed, argued that the government’s attempt to drop the charges amounted to handing down a de facto life sentence without due process. He referenced the Trump administration’s recent pattern of sending alleged gang members directly to El Salvador’s CECOT prison—an institution heavily criticised by human rights organisations. Elsayed also cited the cases of other deportees, including Kilmar Abrego Garcia, who was removed to El Salvador in defiance of a court order.
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The administration’s actions stem from a January executive order issued by President Trump, invoking the International Emergency Economic Powers Act and the wartime-era Alien Enemies Act. This move has allowed for the rapid deportation of suspected gang members to facilities like CECOT, where inmates often face indefinite detention. Immigration authorities maintain that MS-13 and Venezuelan gang Tren de Aragua pose serious threats, though critics argue the evidence used—such as tattoos or vague affiliations—is often insufficient and risks undermining civil liberties.
