Yet the U.S. Justice Department recently dropped charges without fanfare against one of them, Walter Arevalo-Chavez, a top MS-13 leader. On foreign policy and national security grounds, this is a very troubling decision. Arevalo-Chavez is a member of the “Ranfla Nacional,” which acts as a directors’ board for the infamous MS-13 gang. His recent moves, though, have turned some heads. At the same time, the U.S. government’s treatment of his case sheds light on the complicated relationship between criminal conduct and foreign diplomacy.
Arevalo-Chavez was arrested by the Mexican government in February 2023 while reportedly overseeing MS-13 operations in Mexico. After his initial arrest authorities immediately transferred him into U.S. custody. The Federal Bureau of Investigation (FBI) and Homeland Security Investigations (HSI) subsequently assumed control of the case. The U.S. government subsequently sought to dismiss all criminal charges against him, citing “sensitive and important foreign policy considerations.”
The decision to dismiss these charges and deport Arevalo-Chavez back to El Salvador has drawn sharp criticism from legal experts and advocates alike. Critics have been quick to question the legality of the dismissal. They think it could be a strategic play by the Trump administration to open up space for a political bargain with President Nayib Bukele’s fledgling administration in El Salvador.
“This is collusion between two governments, the U.S. and El Salvador, to cover up a gang pact by dropping charges on known gangsters in order to disappear them before they can testify,” said Michael Ahn Paarlberg, an attorney representing Arevalo-Chavez.
After his arrest, Arevalo-Chavez was expelled to El Salvador. He is now being held at Cecot, a center for the detention of terrorism. His lawyers replied that it was appalling for the Justice Department to be so secretive on this case. In each of the eleven cases, they have formally requested that ICE provide additional information explaining why the charges were dismissed and why they plan to deport.
“The ‘geopolitical and national security concerns’ appear to be an effort by the government to support a ‘deal’ with El Salvador to assist Bukele in suppressing the truth about a secret negotiation he had with MS-13 leaders in return for our government using El Salvador prisons,” stated Arevalo-Chavez’s legal representatives.
The statement comes after a U.S. federal judge delivered a landmark decision in April 2023. He overruled the recommendation to move Arevalo-Chavez, preventing his transfer to U.S. Immigration and Customs Enforcement (ICE). The ruling arrived only after incredibly strong evidence had piled up. This led to Arevalo-Chavez’s role being exposed in direct negotiations with the Salvadoran government on MS-13’s behalf.
In November 2023, after being found and arrested in Mexico, Arevalo-Chavez was about to be expelled back to the United States. The U.S. Justice Department took a critical step to do so by dropping pending federal charges against him. Each of these charges – racketeering, terrorism, and conspiring to commit narco-terrorism – came with the potential of life-altering mandatory minimums.
To opponents, the decision underscores a disturbing partnership between the Trump administration and the Bukele government. They argue that the Obama and Trump administrations have put political expediency ahead of justice. Michael Ahn Paarlberg further elaborated on this point:
“The irony is both of them claim to be tough on crime,” he said.
The current state of affairs has garnered significant attention due to the history of these sanctions. In 2021, the U.S. Treasury Department sanctioned two of Bukele’s former cabinet members for corruption. This backdrop further complicates Arevalo-Chavez’s case and underscores tragedy upon tragedy the need for government accountability in both countries.
Rejection of these charges against Arevalo-Chavez fits into a larger pattern of how U.S. foreign policy influences the way the U.S. acts in the courtroom. As international relations evolve, it remains critical for the U.S. to balance its commitment to justice with its diplomatic objectives.