Written by Rachel Bennett.

The United States immigration system faces intense scrutiny following a December 2024 decision by the Biden administration’s Department of Justice (DOJ) that granted protections to Alexander Alfredo Palacios Guevara, an El Salvadoran alleged member of the Surenos gang with convictions for murder and other violent crimes. This ruling, combined with a 2025 federal judge’s nationwide injunction, has prevented the Trump administration’s Department of Homeland Security (DHS) from deporting Guevara, citing risks of torture if returned to El Salvador. The case, highlighted by a Fox News report, underscores the complexities of immigration enforcement, legal protections, and public safety concerns. This article examines the legal mechanisms at play, the implications of Guevara’s protected status, the Surenos gang’s influence, and the broader challenges facing U.S. immigration policy.

Legal Protections and the DCAT Ruling

In December 2024, the Board of Immigration Appeals (BIA), a component of the DOJ, granted Guevara Deferral of Removal under the Convention Against Torture (DCAT). This protection, rooted in international human rights law, prevents deportation to countries where an individual faces a substantial risk of torture. Guevara, during his arrest by Immigration and Customs Enforcement (ICE) agents in Los Angeles, informed authorities of his DCAT status, which was confirmed by the BIA’s ruling on December 18, 2024. This decision effectively halted his immediate removal, despite his criminal record, which includes convictions for murder, assault, and sexual abuse of a minor.

The BIA, headquartered in Falls Church, Virginia, serves as the highest administrative body for interpreting immigration laws. It reviews appeals from decisions by immigration judges and DHS officials, conducting paper reviews and, in rare cases, oral arguments. BIA rulings are binding on DHS and immigration judges unless overturned by the Attorney General or a federal court. In Guevara’s case, the BIA determined that returning him to El Salvador posed a credible risk of torture, likely due to gang-related violence or state persecution. This protection, while legally grounded, has sparked debate over its application to individuals with serious criminal histories.

A 2025 nationwide injunction by a federal judge further complicates the situation, blocking deportations to third-party countries for individuals like Guevara. This injunction, issued in response to concerns over due process and humanitarian protections, limits DHS’s ability to bypass DCAT restrictions by sending individuals to alternative nations. The combination of the BIA’s ruling and the judicial injunction has created a legal shield for Guevara, frustrating efforts by the Trump administration to prioritize the removal of criminal noncitizens.

Guevara’s Arrest and the Surenos Gang Connection

The case came to public attention through a Fox News report by journalist Bill Melugin, who accompanied ICE and Homeland Security Investigations (HSI) agents during Guevara’s arrest in Los Angeles. Guevara, aware of his protected status, calmly asserted, “I have CAT,” referring to his DCAT designation, and directed agents to contact his attorney. Despite his convictions for violent crimes, including murder, Guevara claimed he was “free,” highlighting the legal complexities that allowed him to remain in the U.S. ICE initially released him after confirming his DCAT status but re-arrested him the following day, citing his ongoing threat to public safety. He remains in custody as DHS explores options to overturn the BIA’s decision.

Guevara is allegedly affiliated with the Surenos gang, a Mexican-American criminal organization with a significant presence in Southern California. The Surenos, also known as Sur-13, operate under the influence of the Mexican Mafia, a powerful prison gang. With an estimated 30,000 members across the U.S., the Surenos engage in activities such as murder, extortion, drug trafficking, and human smuggling. Their signature “$ur3no$” tattoos, often displayed prominently, serve as a mark of loyalty. Guevara’s alleged membership amplifies concerns about his presence in Los Angeles, a city grappling with gang-related violence.

The Surenos’ influence extends beyond California, with networks in states like Texas, Georgia, and Illinois. Their operations often exploit vulnerable communities, including immigrant populations, through intimidation and violence. For example, in 2018, a Surenos member in California was convicted of murdering a police officer, underscoring the gang’s capacity for extreme violence. Guevara’s case, involving multiple violent convictions, fits this pattern, raising questions about how immigration policies balance humanitarian protections with public safety imperatives.

Immigration Enforcement and Policy Challenges

The Trump administration has prioritized the deportation of criminal noncitizens, with DHS and ICE intensifying operations in 2025. Since January, ICE has arrested over 100,000 individuals suspected of illegal presence, including more than 2,000 gang members from groups like the Surenos, MS-13, and Tren de Aragua. In a statement to Fox News, DHS condemned the Biden-era DCAT ruling, describing Guevara as a “dangerous criminal” who should not be free in American communities. The agency emphasized the leadership of President Trump and Secretary Kristi Noem in addressing public safety threats, but legal barriers like the BIA’s decision and the federal injunction limit their authority.

The Convention Against Torture, adopted by the United Nations in 1984 and ratified by the U.S. in 1994, obligates signatories to refrain from deporting individuals to countries where they face a likelihood of torture. DCAT status is granted through a rigorous process, requiring applicants to demonstrate a specific risk, such as targeted persecution by state actors or criminal organizations. In Guevara’s case, the BIA likely considered El Salvador’s high levels of gang violence, where groups like MS-13 and Barrio 18 control significant territory. The country’s homicide rate, while declining, remains among the highest in Latin America, with 7.8 murders per 100,000 people in 2024, according to regional crime data.

However, the application of DCAT to individuals with violent criminal records has drawn criticism. ICE’s operations in Los Angeles and other sanctuary cities, such as Boston and Philadelphia, have targeted gang members and other offenders, often facing resistance from local authorities. In May 2025, ICE arrested 1,461 individuals in Massachusetts, including MS-13 and 18th Street gang members, despite sanctuary policies that limit cooperation with federal immigration enforcement. Guevara’s case illustrates the tension between local and federal priorities, as well as the legal complexities that can protect even those with egregious criminal histories.

The BIA’s authority to grant DCAT is subject to oversight by the Attorney General or federal courts, offering potential avenues for the Trump administration to challenge Guevara’s status. Attorney General Pam Bondi could initiate a review, though such actions require substantial legal justification to avoid accusations of violating international obligations. Alternatively, federal courts could modify the nationwide injunction, allowing deportations to third-party countries like Guatemala or Honduras, which may not pose the same torture risks as El Salvador. These options, however, involve lengthy processes, leaving Guevara in limbo and communities on edge.

Public Safety and Broader Implications

Guevara’s case has ignited public and political debate, with critics arguing that the DCAT ruling prioritizes the rights of criminals over the safety of American citizens. The Surenos gang’s activities, including drug trafficking and violent assaults, impose significant costs on communities. In Los Angeles, gang-related homicides accounted for 40% of the city’s 300 murders in 2024, according to police statistics. Residents in affected neighborhoods, such as South Central and East Los Angeles, live with the constant threat of gang violence, making cases like Guevara’s particularly contentious.

The broader implications extend to U.S. immigration policy and international relations. The Trump administration’s aggressive enforcement tactics, including workplace raids and courthouse arrests, have led to over 200,000 deportations since January 2025. However, legal protections like DCAT and judicial injunctions create significant obstacles, particularly for high-profile cases involving gang members. The administration’s push for mass deportations, a key campaign promise, faces resistance from advocacy groups and sanctuary jurisdictions, which argue that such policies disrupt communities and violate human rights.

Globally, the case highlights the challenges of balancing humanitarian commitments with national security. El Salvador’s government, under President Nayib Bukele, has implemented harsh anti-gang measures, including mass incarcerations in mega-prisons like the Terrorism Confinement Center (CECOT). While these policies have reduced crime, they have also raised concerns about human rights abuses, including torture, which bolster DCAT claims. The U.S. must navigate these dynamics while addressing domestic demands for stricter immigration enforcement, a delicate balance that Guevara’s case epitomizes.

Public sentiment, as reflected in online discussions, is polarized. Some view Guevara’s protection as a failure of the immigration system, arguing that convicted murderers should face immediate deportation, regardless of torture risks. Others emphasize the U.S.’s legal obligations under international law, warning that overriding DCAT could set a precedent for eroding human rights protections. This divide underscores the need for comprehensive immigration reform, a topic that remains stalled in Congress despite repeated calls for action.

The economic impact of gang activity and immigration enforcement is another critical consideration. Small businesses in gang-affected areas often face extortion and reduced foot traffic, while ICE operations require significant funding—$8.7 billion in 2025, according to federal budgets. Taxpayers bear the cost of detaining individuals like Guevara, whose ongoing custody strains resources while legal battles unfold. These factors highlight the multifaceted challenges of addressing criminal noncitizens within the current legal framework.

Our Take

The protection of Alexander Alfredo Palacios Guevara under the Biden-era DCAT ruling and a federal injunction reveals a troubling gap between immigration policy and public safety priorities. While the Convention Against Torture serves a vital humanitarian purpose, its application to a convicted murderer and alleged Surenos gang member raises legitimate concerns about the balance between international obligations and domestic security. The Trump administration’s efforts to deport Guevara are justified given his violent criminal history, but legal barriers highlight the need for clearer guidelines on handling such cases. The BIA’s authority, while essential for due process, must be tempered with mechanisms to prioritize community safety. This case underscores the urgency of reforming immigration enforcement to ensure that individuals posing clear threats are not shielded by legal technicalities, while still upholding human rights commitments.