‘Bogus’ Interpol red notice kept mum from El Salvador in US immigration detention for six years
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.”
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.
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”.
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.”
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.
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On 28 September, as Ms Barahona Martinez was working in the kitchen at a Louisiana detention 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.
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.
‘Very robust system’
In an earlier episode of Sky News’ Dirty Work podcast, Interpol Secretary General Jurgen Stock defended the red notice system.
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.”
Donald Trump has announced he will impose a 30% tariff on imports from the European Union from 1 August.
The tariffs could make everything from French cheese and Italian leather goods to German electronics and Spanish pharmaceuticals more expensive in the US.
Mr Trump has also imposed a 30% tariff on goods from Mexico, according to a post from his Truth Social account.
Announcing the moves in separate letters on the account, the president said the US trade deficit was a national security threat.
In his letter to the EU, he wrote: “We have had years to discuss our trading relationship with The European Union, and we have concluded we must move away from these long-term, large, and persistent, trade Deficits, engendered by your tariff, and non-Tariff, policies, and trade barriers.
“Our relationship has been, unfortunately, far from reciprocal.”
In his letter to Mexico, Mr Trump said he did not think the country had done enough to stop the US from turning into a “narco-trafficking playground”.
The president of the European Commission, Ursula von der Leyen, said today that the EU could adopt “proportionate countermeasures” if the US proceeds with imposing the 30% tariff.
Ms von der Leyen, who heads the EU’s executive arm, said in a statement that the bloc remained ready “to continue working towards an agreement by Aug 1”.
“Few economies in the world match the European Union’s level of openness and adherence to fair trading practices,” she continued.
“We will take all necessary steps to safeguard EU interests, including the adoption of proportionate countermeasures if required.”
Ms von der Leyen has also said imposing tariffs on EU exports would “disrupt essential transatlantic supply chains”.
Meanwhile, Dutch Prime Minister Dick Schoof said on the X social media platform that Mr Trump’s announcement was “very concerning and not the way forward”.
He added: “The European Commission can count on our full support. As the EU we must remain united and resolute in pursuing an outcome with the United States that is mutually beneficial.”
Mexico’s economy ministry said a bilateral working group aims to reach an alternative to the 30% US tariffs before they are due to take effect.
The country was informed by the US that it would receive a letter about the tariffs, the ministry’s statement said, adding that Mexico was negotiating.
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How ‘liberation day’ unfolded
Trump’s tariff threats and delays
On his so-called “liberation day” in April, Mr Trump unleashed “reciprocal tariffs” on many of America’s trade partners.
The US president said he was targeting countries with which America has a trade imbalance.
However, since then he’s backed down in a spiralling tit-for-tat tariff face-off with China, and struck a deal with the UK.
The US imposed a 20% tariff on imported goods from the EU in April but it was later paused and the bloc has since been paying a baseline tariff of 10% on goods it exports to the US.
In May, while the US and EU where holding trade negotiations, Mr Trump threated to impose a 50% tariff on the bloc as talks didn’t progress as he would have liked.
However, he later announced he was delaying the imposition of that tariff while negotiations over a trade deal took place.
As of earlier this week, the EU’s executive commission, which handles trade issues for the bloc’s 27-member nations, said its leaders were still hoping to strike a trade deal with the Trump administration.
Without one, the EU said it was prepared to retaliate with tariffs on hundreds of American products, ranging from beef and auto parts to beer and Boeing airplanes.
US
Donald Trump plans to hit Canada with new tariff – while warning of blanket hike for other countries
Donald Trump has said he plans to hit Canada with a 35% tariff on imported goods, as he warned of a blanket 15 or 20% hike for most other countries.
In a letter to Canadian Prime Minister Mark Carney, the US president wrote: “I must mention that the flow of Fentanyl is hardly the only challenge we have with Canada, which has many Tariff, and Non-Tariff, Policies and Trade Barriers.”
Mr Trump’s tariffs were allegedly an effort to get Canada to crack down on fentanyl smuggling, and the US president has expressed frustration with Canada’s trade deficit with the US.
In a statement Mr Carney said: “Throughout the current trade negotiations with the United States, the Canadian government has steadfastly defended our workers and businesses. We will continue to do so as we work towards the revised deadline of August 1.”
He added: “Canada has made vital progress to stop the scourge of fentanyl in North America. We are committed to continuing to work with the United States to save lives and protect communities in both our countries.”
Mr Trump has sent a series of tariff letters to 23 countries so far, including one putting a 50% tariff on Brazil in part for the ongoing trial of its former president Jair Bolsonaro for trying to stay in office after he lost the election in 2022.
Mr Trump was similarly indicted for his efforts to overturn his election loss in 2020.
The higher rates would go into effect on 1 August.
Shortly after Mr Trump unveiled his “Liberation Day” tariffs on 2 April, there was a huge sell-off on the financial markets. The US president later announced a 90-day negotiating period, during which a 10% baseline tariff would be charged on most imported goods.
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But in an interview with Sky News’s partner network NBC News, Mr Trump said he plans to impose higher blanket tariffs on most US trade partners.
“We’re just going to say all of the remaining countries are going to pay, whether it’s 20% or 15%. We’ll work that out now,” he said.
He added: “I think the tariffs have been very well-received. The stock market hit a new high today.”
The US and UK signed a trade deal in June, with the US president calling it “a fair deal for both” and saying it will “produce a lot of jobs, a lot of income”.
Sir Keir Starmer said the document “implements” the deal to cut tariffs on cars and aerospace, adding: “So this is a very good day for both of our countries – a real sign of strength.”
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The US president also teased a “major statement” he will make on Russia over its war with Ukraine.
“I’m disappointed in Russia, but we’ll see what happens over the next couple of weeks,” he said.
“I think I’ll have a major statement to make on Russia on Monday.”
Listen to The World with Richard Engel and Yalda Hakim every Wednesday
It comes as Russia’s deputy foreign minister, Sergei Ryabkov, said a new round of talks between Moscow and Washington on bilateral problems could take place before the end of the summer.
A Palestinian activist who was detained for over three months in a US immigration jail after protesting against Israel is suing Donald Trump’s administration for $20m (£15m) in damages.
Lawyers for Mahmoud Khalil have filed a claim against the administration alleging he was falsely imprisoned, maliciously prosecuted and smeared as an antisemite as the government sought to deport him over his role in campus protests.
The 30-year-old graduate student at Columbia University told Sky News’s lead world presenter Yalda Hakim being detained by ICE agents in March “felt like kidnapping”.
He described “plain-clothed agents and unmarked cars” taking him “from one place to another, expecting you just to follow orders and shackled all the time”, which he said was “really scary”.
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Mahmoud Khalil reunites with family after release
Mr Khalil said he was not presented with an arrest warrant and wasn’t told where he was being taken.
He said the detention centre he was taken to was “as far from humane as it could be” and “a place where you have no rights whatsoever”.
“You share a dorm with over 70 men with no privacy, with lights on all the time, with really terrible food. You’re basically being dehumanised at every opportunity. It’s a black hole,” he added.
Mr Khalil said he would also accept an official apology from the Trump administration.
The Trump administration celebrated Mr Khalil’s arrest, promising to deport him and others whose protests against Israel it declared were “pro-terrorist, antisemitic, anti-American activity”.
Mr Khalil said after around 36 hours in captivity he was allowed to speak to his wife, who was pregnant at the time.
“These were very scary hours, I did not know what was happening on the outside. I did not know that my wife was safe,” he said.
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‘Absolutely absurd allegations’
Mr Khalil said administration officials had made “absolutely absurd allegations” by saying he as involved in antisemitic activities and supporting Hamas.
“They are weaponising antisemitism, weaponising anti-terrorism in order to stifle speech,” he said. “What I was engaged in is simply opposing a genocide, opposing war crimes, opposing Columbia University’s complicity in the war on Gaza.”
A State Department spokesperson said its actions toward Mr Khalil were fully supported by the law.
Listen to The World with Richard Engel and Yalda Hakim every Wednesday
Asked about missing the birth of his son while he was in prison, Mr Khalil said: “I don’t think there’s any word that can describe the agony and the sadness that I went through, to be deprived from such a divine moment, from a moment that my wife and I had always dreamed about.”
Meanwhile, the deportation case against Mr Khalil is continuing to wind its way through the immigration court system.
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