FBI Director Kash Patel. Photo courtesy of The Economic Times, screenshot from YouTube.
Drop charges and deport. Despite claims from the media and liberal critics, gang members, terrorists, and deportees are receiving due process through the coordinated efforts of the FBI and ICE.
At a press briefing following the arrest of top MS-13 leader Henry Josue Villatoro, FBI Director Kash Patel called the operation a model of law enforcement success. He praised the Trump administration for restoring federal agencies’ ability to act decisively in the fight against violent crime.
Delivering a now-viral statement, Patel said, “This is what happens when you let good cops be cops.”
He warned that the threat to public safety in America is urgent and growing, citing grim statistics: an American dies every seven minutes from a drug overdose, a woman or child is raped every six and a half minutes, and a homicide occurs twice an hour. “No part of that metric is a safe and secure America,” he said.
More recently, headlines like “Justice Department to drop all charges against man it called a top MS-13 gang leader” may appear to give liberals and Democrats exactly what they’ve been demanding: a soft-on-crime, zero-deportation approach. In reality, dropping charges is part of the Trump administration’s tough stance on crime, used strategically to fast-track deportations.
Here are the details of the case and how dropping charges helps keep America safe. Henrry Josue Villatoro Santos, a Salvadoran national, was arrested in Virginia in March 2025. The FBI and DOJ identified him as a senior MS-13 leader responsible for organizing violent crimes along the U.S. East Coast. He was charged with a single count: possession of a firearm by an illegal alien—a federal crime, but not one carrying major penalties.
In April 2025, the Justice Department moved to dismiss the charge “without prejudice,” meaning it can be refiled later. The move was strategic: instead of spending years on prosecution, the administration prioritized immediate deportation to El Salvador.
The defense attorney may argue that deporting Villatoro without a U.S. conviction violates his rights or due process protections. But this claim does not hold up under U.S. law. The Department of Justice, as the prosecuting authority, has full legal discretion to drop charges, especially when done “without prejudice,” allowing for future prosecution if needed.
There is no legal obligation for the government to pursue a trial if it determines that immediate deportation better serves justice or national security. In fact, a dropped charge benefits the defendant by ending criminal exposure in U.S. courts. Due process only requires that any legal action taken against the defendant comply with U.S. law. It does not require that a trial occur if the government chooses not to proceed.
Under U.S. law, constitutional due process protections apply only within American jurisdiction. U.S. courts and attorneys have no legal authority to dictate laws, criminal procedures, or prison conditions in sovereign nations like El Salvador. Therefore, objections based on potential outcomes after deportation—such as incarceration in a Salvadoran facility—carry no legal weight in U.S. deportation proceedings. The court’s only duty is to ensure that the removal process itself complies with domestic law. What happens after the deportee enters another nation’s custody is governed solely by that nation’s legal system.
Critics and media outlets have accused President Trump of deporting individuals to “gulags” or foreign concentration camps without due process. In reality, deportations are carried out legally and with due process under U.S. law. Once a person is removed, they fall under the jurisdiction of the receiving country, where U.S. legal standards no longer apply.
Many nations, especially those facing gang violence or terrorism, imprison deportees immediately upon arrival. El Salvador is the most prominent example. Under President Nayib Bukele, the government treats MS-13 and 18th Street members as national security threats. Deportees with known affiliations are typically sent straight to prison, often to the Terrorism Confinement Center (Centro de Confinamiento del Terrorismo, or CECOT), a high-security facility known internationally as the “mega-prison.”
In Guatemala, individuals with gang ties or outstanding warrants may be detained upon entry, with national security laws permitting extended pre-trial detention.
In Honduras, new anti-gang legislation has led to the immediate detention of suspected gang members, often in coordination with U.S. authorities.
In Colombia, deportees linked to guerrilla groups such as ELN or narco-terror networks are frequently arrested under domestic anti-terror laws.
This pattern extends beyond Latin America. Turkey detains nationals deported for terrorism, especially those linked to ISIS. Russia frequently arrests returnees accused of organized crime or extremism. China is known to imprison or re-educate individuals deported for espionage or religious activities, though such actions are rarely acknowledged officially.
The Trump administration’s policy, carried out by the Justice Department and FBI, reflects a broader shift toward prioritizing immigration enforcement and removal over prolonged prosecutions, especially for foreign nationals.
The strategy emphasizes deterrence through swift deportation, showing that illegal presence in the U.S., particularly with gang ties, is grounds for immediate removal, even if charges are dropped. It also counters liberal prosecutors and defense attorneys who might drag cases out for years, allowing suspects to remain in the U.S., often free on bail, at great cost to taxpayers.
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