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.”
While the UK’s FTSE 100 closed down 1.55% and the continent’s STOXX Europe 600 index was down 2.67% as of 5.30pm, it was American traders who were hit the most.
All three of the US’s major markets opened to sharp losses on Thursday morning.
Image: The S&P 500 is set for its worst day of trading since the COVID-19 pandemic. File pic: AP
By 8.30pm UK time (3.30pm EST), The Dow Jones Industrial Average was down 3.7%, the S&P 500 opened with a drop of 4.4%, and the Nasdaq composite was down 5.6%.
Compared to their values when Donald Trump was inaugurated, the three markets were down around 5.6%, 8.7% and 14.4%, respectively, according to LSEG.
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As Wall Street trading ended at 9pm in the UK, two indexes had suffered their worst one-day losses since the COVID-19 pandemic.
The S&P 500 fell 4.85%, the Nasdaq dropped 6%, and the Dow Jones fell 4%.
It marks Nasdaq’s biggest daily percentage drop since March 2020 at the start of COVID, and the largest drop for the Dow Jones since June 2020.
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‘Trust in President Trump’
White House press secretary Karoline Leavitt told CNN earlier in the day that Mr Trump was “doubling down on his proven economic formula from his first term”.
“To anyone on Wall Street this morning, I would say trust in President Trump,” she told the broadcaster, adding: “This is indeed a national emergency… and it’s about time we have a president who actually does something about it.”
Later, the US president told reporters as he left the White House that “I think it’s going very well,” adding: “The markets are going to boom, the stock is going to boom, the country is going to boom.”
He later said on Air Force One that the UK is “happy” with its tariff – the lowest possible levy of 10% – and added he would be open to negotiations if other countries “offer something phenomenal”.
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The turbulence in the markets from Mr Trump’s tariffs “just left everybody in shock”, Garrett Melson, portfolio strategist at Natixis Investment Managers Solutions in Boston, told Reuters.
He added that the economy could go into recession as a result, saying that “a lot of the pain, will probably most acutely be felt in the US and that certainly would weigh on broader global growth as well”.
Meanwhile, chief investment officer at St James’s Place Justin Onuekwusi said that international retaliation is likely, even as “it’s clear countries will think about how to retaliate in a politically astute way”.
He warned: “Significant retaliation could lead to a tariff ‘spiral of doom’ that could be the growth shock that drags us into recession.”
It comes as the UK government published a long list of US products that could be subject to reciprocal tariffs – including golf clubs and golf balls.
Running to more than 400 pages, the list is part of a four-week-long consultation with British businesses and suggests whiskey, jeans, livestock, and chemical components.
Meanwhile, Prime Minister Sir Keir Starmer said on Thursday that the US president had launched a “new era” for global trade and that the UK will respond with “cool and calm heads”.
It also comes as Canadian Prime Minister Mark Carney announced a 25% tariff on all American-imported vehicles that are not compliant with the US-Mexico-Canada trade deal.
He added: “The 80-year period when the United States embraced the mantle of global economic leadership, when it forged alliances rooted in trust and mutual respect and championed the free and open exchange of goods and services, is over. This is a tragedy.”
Tanking stock markets, collapsing world orders, devastating trade wars; economists with their hair ablaze are scrambling to keep up.
But as we try to make sense of Donald Trumps’s tariff tsunami, economic theory only goes so far. In the end this surely is about something more primal.
Power.
Understanding that may be crucial to how the world responds.
Yes, economics helps explain the impact. The world’s economy has after all shifted on its axis, the way it’s been run for decades turned on its head.
Instead of driving world trade, America is creating a trade war. We will all feel the impact.
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Donald Trump says he is settling scores, righting wrongs. America has been raped, looted and pillaged by the world trading system.
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But don’t be distracted by the hyperbole – and if you think this is about economics alone, you may be missing the point.
Above all, tariffs give Donald Trump power. They strike fear into allies and enemies, from governments to corporations.
This is a president who runs his presidency like a medieval emperor or mafia don.
It is one reason why since his election we have seen what one statesman called a conga line of sycophants make their way to the White House, from world leaders to titans of industry.
The conga line will grow longer as they now redouble their efforts hoping to special treatment from Trump’s tariffs. Sir Keir Starmer among them.
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President Trump’s using similar tactics at home, deploying presidential power to extract concessions and deter dissent in corporate America, academia and the US media. Those who offer favours are spared punishment.
His critics say he seeks a form power for the executive or presidential branch of government that the founding fathers deliberately sought to prevent.
Whether or not that is true, the same playbook of divide and rule through intimidation can now be applied internationally. Thanks to tariffs
Each country will seek exceptions but on Trump’s terms. Those who retaliate may meet escalation.
This is the unforgiving calculus for governments including our own plotting their next moves.
The temptation will be to give Trump whatever he wants to spare their economies, but there is a jeopardy that compounds the longer this goes on.
Image: Could America’s traditional allies turn to China? Pic: AP
Malcolm Turnbull, the former Australian prime minister who coined the conga line comparison, put it this way: “Pretty much all the international leaders I have seen that have sucked up to Trump have been run over. The reality is if you suck up to bullies, whether it’s global affairs or in the playground, you just get more bullying.”
Trading partners may be able to mitigate the impact of these tariffs through negotiation, but that may only encourage this unorthodox president to demand ever more?
Ultimately the world will need a more reliable superpower than that.
In the hands of such a president, America cannot be counted on.
When it comes to security, stability and prosperity, allies will need to fend for themselves.
And they will need new friends. If Washington can’t be relied on, Beijing beckons.
America First will, more and more, mean America on its own.
Actors, directors and celebrity friends have paid tribute to Val Kilmer, after he died aged 65.
The California-born star of Top Gun, Batman and Heat died of pneumonia on Tuesday night in Los Angeles, his daughter Mercedes told the Associated Press.
She said Kilmer was diagnosed with throat cancer in 2014 but later recovered.
Tributes flooded in after reports broke of the actor’s death, with No Country For Old Men star Josh Brolin among the first to share their memories.
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He wrote on Instagram: “See ya, pal. I’m going to miss you. You were a smart, challenging, brave, uber-creative firecracker. There’s not a lot left of those.
“I hope to see you up there in the heavens when I eventually get there. Until then, amazing memories, lovely thoughts.”
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Kyle Maclachlan, who co-starred with Kilmer in the 1991 biopic The Doors, wrote on social media: “You’ll always be my Jim. See you on the other side my friend.”
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Michael Mann, who directed Kilmer in 1995’s Heat, also paid tribute in a statement, saying: “I always marvelled at the range, the brilliant variability within the powerful current of Val’s possessing and expressing character.
“After so many years of Val battling disease and maintaining his spirit, this is tremendously sad news.”
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Heat co-star Danny Trejo also called Kilmer “a great actor, a wonderful person, and a dear friend of mine” on Instagram.
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Cher, who once dated the actor, said on X that “U Were Funny, crazy, pain in the ass, GREAT FRIEND… BRILLIANT as Mark Twain, BRAVE here during ur sickness”.
Lifelong friend and director of Twixt, Francis Ford Coppola said: “Val Kilmer was the most talented actor when in his High School, and that talent only grew greater throughout his life.
“He was a wonderful person to work with and a joy to know – I will always remember him.”
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The Top Gun account on X also said it was remembering Kilmer, who starred as Iceman in both the 1986 original and 2022 sequel, and “whose indelible cinematic mark spanned genres and generations”.
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