Trump Admin Wins Double-Edged Victory Against Man Once Accused of MS-13 ‘Association’

The Trump administration has moved to dismiss criminal charges against Henrry Villatoro Santos, a 24-year-old man accused of being a high-ranking member of the MS-13 gang. The case, however, is not closing quietly. Although a federal judge approved the dismissal, he issued a temporary stay until Friday morning to prevent Santos from being immediately handed over to immigration authorities, giving his legal team time to respond. Villatoro Santos was charged on March 27 with possession of a firearm by an undocumented immigrant. Despite major claims in press conferences linking him to MS-13, the official court documents offered little detail to support these allegations. A single sentence in the affidavit noted “indicia of MS-13 association” found in a garage bedroom. Yet, top officials — including then-Attorney General Pam Bondi and President Donald Trump — publicly labeled him a “major leader” in the gang.

Legal Strategy Raises Concerns Over Due Process

After Villatoro Santos replaced his public defender with private counsel, the Department of Justice (DOJ) swiftly moved to drop the gun charge. Defense attorney Muhammad Elsayed claimed this was a strategic effort by the government to bypass the criminal court system and pursue rapid deportation through immigration proceedings — where constitutional protections are weaker. In a strongly worded motion, Elsayed argued the dismissal could pave the way for Santos to be sent to El Salvador without due process. He cited a similar case involving Kilmar Armando Abrego Garcia, who was deported and imprisoned in a notorious Salvadoran facility — the Centro de Confinamiento de Terrorismo (CECOT) — despite court orders to the contrary.

A Rare Legal Pause Amid Controversy

The defense requested a delay in dismissing the charges, warning that immediate deportation would sidestep legal protections and could result in irreversible harm. They argued the DOJ had not served Santos with a Notice to Appear — a crucial step in initiating lawful removal proceedings — and that the government’s vague intentions suggested a rushed and unjust outcome. The court’s temporary pause on the dismissal prevents Santos from being transferred to the Department of Homeland Security before Friday. This brief window allows the defense to appeal or take further legal action to stop or delay deportation.

Broader Implications and Government Response

The DOJ defended its position, stating that removing undocumented immigrants instead of prosecuting them is within its rights, even when criminal charges exist. The agency dismissed the defense’s legal arguments as weak and unsupported. However, the defense pointed to the government’s history of ignoring due process in similar cases. They accused the administration of carrying out “forcible disappearances” to detention centers with no judicial oversight, using the Villatoro case for political gain. As of now, the fate of Henrry Villatoro Santos remains uncertain. The court has until April 15 to decide whether to allow the dismissal to proceed or intervene further. The case underscores ongoing tensions between immigration enforcement and constitutional protections — especially in politically charged cases involving alleged gang affiliations.