Salvadoran General Deemed Deportable In the Absence of Criminal Charges | Just Security - 0 views
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The Board of Immigration Appeals (BIA) ruled last week that General Carlos Eugenio Vides-Casanova could be removed to El Salvador on account of his participation in human rights abuses in the 1980s when he was head of the National Guard (1979–1983) and then Minister of Defense (1983–1989). (The judgment is here.) In so ruling, the BIA affirmed a February 2012 opinion by an Immigration Judge, which — apparently for privacy reasons — was not released by the Justice Department until April 2013 after The New York Times filed a request under the Freedom of Information Act. Vides-Casanova has been found deportable under the Intelligence Reform and Terrorism Prevention Act, 8 U.S.C. § 1127(a)(4)(D) (passed in 2004 but rendered retroactive), which is intended to bar individuals who participated in genocide, Nazi persecution, torture, or summary execution from enjoying safe haven in the United States.
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The Vides-Casanova decision reiterated D-R-’s determination that: inadmissibility under … the Act is established where it is shown that an alien with command responsibility knew or should have known that his subordinates committed unlawful acts covered by the statute and failed to prove that he took reasonable measures to prevent or stop such acts or investigate in a genuine effort to punish the perpetrators. The BIA’s opinion constitutes precedent and is binding upon all Immigration Judges. In reaching these results, both sets of adjudicators rejected Vides-Casanova’s claims that: the human rights violations were the result of “rogue units” acting autonomously and his conduct was “consistent with the ‘official policy’ of the United States” such that it would be unfair under principles of equitable estoppel to remove him.
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Consistent with the "offficial policy" of the U.S. isn't a defense, but the troubling part is that it's true. Vides-Casnova was a participant in a U.S. program that coodinated the intelligence gathering and distribution in a secure U.S. government communications network housed in Panama under cover of the notorious School of Americas. It was a regional coordinated effort based on ideology to identify, torture, terrorize, round up, and disappear anyone suspected of leaning to the political left. Welcome to the world of Operation Condor. Tens of thousands of Latin Americans were tortured and killed. CIA also coordinated the overthrow of many Latin American nations and their replacement by military juntas. A lot of information about Operation Condor was released in the late 90s by CIA and the State Dept. VP Joe Biden recently delivered some more to Uruguay for use in its truth and reconcilation work. If you'd like a quick overview of Operation Condor, see https://www.globalpolicy.org/component/content/article/168/28173.html There are reasons why lots of leaders in Latin America don't trust the U.S. and why they excluded the U.S. from a 12-nation alliance. The latest failed U.S. coup attempt in Venezuela earlier this year just poured gasoline on that fire. The CIA has been at it for a very long time. It knew how to kidnap, torture, and asassinate people on a far grander scale long before Bush the Younger and his collection of war criminals got involved.