A woman spent six years languishing in US immigration detention due to a “bogus” Interpol red notice stemming from a harassment campaign by a police officer in El Salvador.
Jessica Barahona Martinez, who is originally from the Central American country, told Sky News and its US partner NBC News about her ordeal in her first sit-down interview since her release.
During her time in detention, her sister died of cancer and she rarely saw her children after being moved to a facility more than 1,000 miles away from her family.
Ms Barahona Martinez’s lawyer Sandra Grossman describes it as one of the worst cases she had come across.
“We have been fighting bogus red notices for over 15 years,” she said.
“And I can tell you that this is one of the most egregious examples of Interpol abuse that we’ve ever seen.”
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The US is considered a leader in tackling Interpol abuse – in which authoritarian states use the notice system to target dissidents abroad, or when individuals use it in the service of private disputes.
While the US has specific legislation to prevent Interpol from being used for transnational repression, immigration authorities are ignoring guidance not to arrest people solely based on a red notice.
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Image: Since her release, Ms Barahona Martinez has been trying to repair her mental health
Ms Barahona Martinez said her ordeal began when a local police officer in her hometown in El Salvador began a campaign of harassment, targeting her due to her sexuality.
She said he initially accused her of being interested in his girlfriend, and went on to sexually harass and assault her in the town’s market.
“He talked to me like I was nothing, like I was trash,” she said. “He called me a waste of a woman.”
Dangerous allegation
Eventually, the police officer accused Ms Barahona Martinez of extortion, for the amount of roughly $30, and said she was part of a gang – which is considered an extremely serious allegation in El Salvador.
The country has a long history of gang violence, and at one point had the highest murder rate in the world.
The subsequent crackdown has been effective but brutal; human rights groups say it has included torture and arbitrary detention, while police have bragged about being able to “arrest anyone we want”.
Image: Jessica Barahona Martinez reunited with her family. Pic: ACLU
Ms Barahona Martinez spent nine months detained in El Salvador waiting for a court date, until her case was dismissed for lack of evidence in March 2015.
Upon her release, the harassment resumed. She said the same car would drive by her house each night.
Ms Barahona Martinez has three children from a previous relationship, and says she started receiving threatening phone calls from a person who listed her children’s names and where they went to school.
In May 2016, a year after her case was dismissed in El Salvador, Ms Barahona Martinez fled to the US. She submitted an official asylum application in April 2017.
However, she was unaware that police in El Salvador had attempted to re-open her case in the meantime.
She did not show up for a subsequent court appearance, and so local police circulated a red notice via Interpol.
Immigration officers in the US are not supposed to detain somebody purely on the basis of a red notice.
But when Ms Barahona Martinez attended her monthly check-in with immigration authorities on a Friday in June, she was told to head home and pack her bags, say goodbye to her children and report to a detention centre the following Monday morning.
Two asylum bids
Ms Barahona Martinez first learned she had been detained due to a red notice when she was denied bail a month later.
She would spend six years in detention.
Twice she was granted asylum. Two separate immigration judges found her claims of persecution in El Salvador credible – in 2018 and again in 2019.
However, both times an immigration board overturned the asylum decision, citing the existence of the red notice.
Authorities claimed the red notice meant that Ms Barahona Martinez was banned from refugee status under a rule called the mandatory non-political crime bar, which is designed to prevent people who have committed crimes abroad from seeking asylum after they have gone on the run.
But for Ms Barahona Martinez, the red notice resulted from – and was evidence of – the very persecution she was escaping.
Nevertheless, she was detained for the entirety of her asylum proceedings.
Ms Grossman said this was because of a disconnect between US policy and practice when it comes to Interpol notices.
‘Fundamental misunderstanding’
Although the US government guidelines state that a red notice should not automatically lead to detention, in practice that is what happens in the immigration system.
“I think this might hopefully be changing in the United States, but it appears in most of these cases that the red notice is sort of looked at as evidence of criminality and often as conclusive evidence of criminality,” Ms Grossman said.
“There seems to be a fundamental misunderstanding in the United States about what a red notice is and is not.”
What is an Interpol red notice?
An Interpol red notice is a request to law enforcement all around the world to locate and detain an individual, pending extradition back to the country that put in the request or other legal action.
It is not an international arrest warrant, but it is the highest alert a country can make.
There are eight alerts in total, seven of which are colour-coded, while an eighth can only be used by the UN’s Security Council.
Most red notices can only be used by law enforcement.
The individuals are wanted by the requesting member country, or international tribunal, but each country applies their own laws in deciding whether to arrest someone.
Parts of a red notice may be published, if requested, if there is a feeling the public’s help may be needed to locate the person or if the individual poses a threat.
There are currently nearly 7,000 Interpol red notices in effect – just 12 coming from the UK.
Ms Grossman believes that if Interpol was more transparent about the ways in which red notices can go wrong, both officials and victims of Interpol abuse would be better equipped to respond.
“It would be really helpful for cases where there’s bogus red notices involved for Interpol to be much more open about the fact that this happens,” she said.
Ms Barahona Martinez’s case came to light after the American Civil Liberties Union (ACLU) met with her on one of their regular tours of detention centres in early 2023.
They then turned to Ms Grossman for specialist help.
When she petitioned Interpol’s review body she received an unusually swift reply telling her the red notice had been deleted.
From shock to panic
Still, Ms Barahona Martinez remained in detention until September last year, when she was released without warning after several interview requests by Sky News and the filing of a habeas petition by the ACLU, which would have seen her case brought before a higher judge.
On 28 September, as Ms Barahona Martinez was working in the kitchen at a Louisianadetention centre, an immigration official sought her out to inform her she was being released the following day.
She told Sky News she was so shocked that she told the officer there must have been a mistake.
However, her shock soon turned to panic. After six years inside, she was not sure how she would cope with the outside world or even how to get back to her family.
Image: Jessica Barahona Martinez with her family
“What was I going to find outside? I spoke to my mother, I said to her ‘Mum, what if I get lost?’ It was something that I honestly wasn’t prepared for at the time. And she told me, ‘You’re not going to get lost. We will find you’.”
The day after Ms Barahona was released, US authorities published updated guidance, reiterating that immigration officers shouldn’t detain people solely on the basis of a red notice.
He said: “I think it is a very robust system, and it is a very successful system first and foremost because it helps almost every day around the world to catch dangerous fugitives, murderers, rapists, those who are exploiting children, drug traffickers.”
When asked about people ending up with a notice that should not have been issued, he said: “[It is] a small number of cases, but of course, very often significant cases that end up in the media and where we say, yes, this notice should not have been published.
“Every one of those cases is a case too many because we know the consequences this might have,” he said.
A spokesperson for the US Immigrations and Customs Enforcement Agency (ICE) said: “Regardless of nationality, ICE makes custody determinations on a case-by-case basis, in accordance with US law and US department of homeland security policy, considering the circumstances of each case.”
On Day 77, US correspondents Mark Stone and David Blevins answer your questions on everything from Trump’s “Liberation Day” tariffs and their impact on American consumers, to Trump’s relationship with Putin and if they have plans for the Arctic, and penguins.
If you’ve got a question you’d like Mark, Martha, and James to answer, you can email it to trump100@sky.uk.
Don’t forget, you can also watch all episodes on our YouTube channel.
Thousands of people gathered in various cities across the US as protests against Donald Trump and Elon Musk took place in all 50 states on Saturday.
Around 1,200 demonstrations were planned in locations including Washington DC, New York City and West Palm Beach, Florida – just miles away from where the US president has this weekend played golf.
The “Hands Off!” protests were against the Trump administration’s handling of government downsizing, human rights and the economy, among other issues.
In Washington DC, protesters streamed on the grass in front of the Washington Monument, where one person carried a banner which read: “Make democracy great again.”
Image: Thousands gathered in Washington DC to rally against various Trump policies. Pic: AP
Image: Pic: AP
Another protester took aim at Mr Trump‘s handling of Russia and Ukraine, with a placard that read: “Stop Putin’s puppets from destroying America.”
Tesla boss Mr Musk also featured on many signs due to his role in controversial government cuts as head of the newly created Department of Government Efficiency (DOGE).
Image: Demonstrators in NYC. Pic: AP
Image: People marching in Atlanta, Georgia. Pic: Reuters
Image: A rally in Vermont. Pic: The Brattleboro Reformer via AP
Terry Klein, a retired biomedical scientist, said she drove to the rally to protest Mr Trump’s policies on “everything from immigration to the DOGE stuff to the tariffs this week, to education”.
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“I mean, our whole country is under attack, all of our institutions, all the things that make America what it is,” she added.
Image: A drone view of the protest at the Utah State Capitol building. Pic Reuters
Image: A protester sports a Handmaid’s Tale costume. Pic: Reuters
Image: Pic: Reuters
Some at the various protests carried Ukrainian flags, while others sported rainbow attire and waved rainbow flags in support of the LGBTQ+ community.
Other protesters wore Palestinian keffiyeh scarves and carried “Free Palestine” signs.
Protesters refuse to take Donald Trump’s policies lying down
It was built to honour George Washington, a founding father of the United States.
And in the shadow of the 555ft Washington Monument, protestors were refusing to accept Donald Trump’s policies lying down.
“Stand tall,” they chanted, again and again.
“In every city, stand tall. In every state, stand tall. In truth, stand tall. In justice, stand tall.”
Those words, shouted by thousands on the city’s iconic mall, were reinforced by the words on their placards and t-shirts.
A minister, wearing a t-shirt with ‘Troublesome Priest’ printed on it, told me she found what was happening in the US government “appalling and immortal”.
One man said he had won the long-distance award, having travelled 2,750 miles from Hawaii for the protest.
“I finally reached a breaking point,” he added. “I couldn’t take it anymore.”
Another woman said: “We have to speak up, we have to act, we have to do something, because this is not America.”
I asked her what she would say to those who argue the people did speak when they elected Donald Trump as president.
She replied: “Some people have spoken and then some people have not and those of us that have not, we need to speak now.”
Thousands marched in New York City’s midtown Manhattan and in Boston, Massachusetts, while hundreds gathered in the sunshine outside the Utah State Capitol building in Salt Lake City, and in the rain outside the Statehouse in Columbus, Ohio.
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Mr Trump – who shook financial markets with his tariffs announcement this week – spent the day in Florida, playing a round of golf before returning to his Mar-a-Lago residence.
Image: People protest in Manhattan. Pic: Reuters
Image: Activists in Palm Beach Gardens, Florida. Pic: AP
Some four miles from Mar-a-Lago, more than 400 people gathered – and drivers honked their horns in support of protesters who held up signs including one which read: “Markets tank, Trump golfs.”
The White House has said Mr Trump plans to go golfing again on Sunday.
Global financial markets gave a clear vote of no-confidence in President Trump’s economic policy.
The damage it will do is obvious: costs for companies will rise, hitting their earnings.
The consequences will ripple throughout the global economy, with economists now raising their expectations for a recession, not only in the US, but across the world.