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Potential game changer: Will Panama’s new President really ‘close’ the Darien Gap?

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From the American Mind: A publication of the Claremont Institute

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Panama Pinch Point: Closing the Darien Gap would be a big step toward stopping the flow of migrants north.

Panama’s new president, Jose Raul Mulino, recently began his five-year term with a keynote promise that may help decide the upcoming U.S. presidential election.

Mulino has vowed to “close” the infamous “Darien Gap” immigrant passageway over the border from Colombia to Panama, the jungled 70-mile bottleneck of wilderness foot trails through which nearly 1.5 million immigrants from 150 nations have passed to the besieged U.S. Southwest Border.

“The border of the United States, instead of being in Texas, moved to Panama,” said Mulino, who served as security minister under former president Ricardo Martinelli. “We’re going to repatriate all those people.”

Elsewhere since, Mulino doubled down on his promise to “end the odyssey of the Darien.”

“Those from here,” he said in a May 9 speech, referring to his country. “And those who would like to come know that whoever arrives here will return to their country of origin. Our Darien is not a transit route. No sir. That is our border.”

That warning shot alone, by a sitting executive of Panama, has reverberated throughout the Western Hemisphere but has drawn little public analysis. For starters, the vow signaled a sharply lower trajectory to the historic U.S. mass migration border crisis, which I predicted in December 2020 would emanate from the Gap and did so in numbers that rocketed skyward after Biden’s 2021 inauguration.

Whereas fewer than 20,000 each year went through the Darien for decades, Biden’s border policies, featuring high-percentage acceptance of illegal entries and quick releases into the American interior, beckoned more than 130,000 immigrants from a great diversity of nations to cross the gap that first year of 2021. The number shot to  250,000 by the end of 2022, then 520,000 during 2023 and is on pace to a projected 800,000 before 2024 is out.

Inadvertently or not, Mulino’s closure of the Darien Gap more than three years into this torrent can only help President Joe Biden’s reelection prospects, a border crisis that polls regularly show tops the most important problem list for the U.S. presidential election.

The big question that begs analysis is whether President Mulino can or will follow through on the aspiration and relieve Panama as perhaps the world’s most trammeled immigration transit nation, ease the crushing fiscal burdens pushing destination U.S. cities toward bankruptcy, and save Biden from voter punishment for it all in November.

The short answer is that Mulino seems determined to give this a real yeoman’s effort. For instance, he has already begun groundwork, like appointing as Security Minister Frank Abrego, founder of Panama’s Border Police (SENAFRONT) who is known as a close-the-gap hawk with deep experience battling Colombian rebels in Darien and who is already preparing trail “checkpoints.” His main given mission, according to local media accounts is to close the gap.

But any early optimism by Biden’s campaign managers or long-suffering American cities must be tempered by the fact that powerful forces are arrayed to prevent Mulino’s success. Those would include liberal progressive open borders elements in Biden’s government who want mass migration; United Nations and non-governmental migrant advocacy agencies set up in Panama’s “City of Knowledge” that also want the unprecedented revenue that has bloated them; and a Colombian government that would be stuck with backlogged immigrant populations.

The prognosis for Mulino’s success, in my opinion and of others familiar with Panamanian immigration politics, is not good despite his best intentions.

Minding the Gap

What Mulino has proposed is a dramatic 180-degree policy swivel for the isthmian nation that portends a seismic earthquake to be felt around the world. Knowing how human traffic funnels into this narrow, blockade-able channel is essential to understanding what he has in mind and what would happen afterward.

To reach the gap, immigrants in South America move toward Caribbean beach towns like Necocli and Turbo in the far northwestern corner of Colombia, on the east side of the Gulf of Uraba.

With Colombia’s full acquiescence along that shoreline, the immigrants pile into passenger ferries and other boats that cross them west across the gulf and land them on beaches closer to Panama, whence trailheads start inland. From these trailheads, migrants typically have to cross some 60 or more roadless miles of wilderness mountains and rivers to reach the Panamanian border, which once took up to a week or longer. More recently, a shorter river route was opened.

Once on the Panama side, prevailing policy had immigrants and SENAFRONT border police looking to unite with one another for one of the most unusual policies in the world: a government human smuggling policy called “controlled flow.”

As I first reported in late 2018 from Darien Province, the outrageous controlled flow policy, presumably about to be cancelled, aimed to make sure migrants did not have a chance to linger in Panama. Once SENAFRONT has custody of the gap-exiting immigrants, the agency transports or directs them to various expanding hospitality camps near a main highway where they are fed, sheltered, treated if sick, and given access to money-wiring services and communications.

Then, SENAFRONT organizes commercial bus caravans to drive them all on to Costa Rica, whose own government checks them in and transports them north for delivery to criminal smuggling groups in towns along Nicaragua’s border for the leg to Honduras, as I reported in a three-part 2022 series from that region.

While Panama and Costa Rica may have to shoulder increasing costs of running camps and buses, at least they weren’t the ones getting stuck with the hot potato of needy immigrant populations. They move that hot potato from Colombia to the United States, which never objected to these government passing it on, not even Republican Donald Trump.

But while the Trump administration seemed ignorant of controlled flow, the Biden administration’s liberal progressive wing, its titular head being DHS Secretary Alejandro Mayorkas, strongly embraced it and went to great lengths to expand it. This policy was instituted by the hard left wing of the Biden administration and the non-governmental migrant advocacy organizations that engineered the mass migration logistics, as I document in my book Overrun.

In 2022, the Biden government got Panama to vastly expand the capacity and speed of the controlled flow on the grounds that this would save the lives of immigrants who’d answered Biden’s opened borders invitation. The Biden administration’s progressives, for instance, convinced Panama to open Caribbean Sea access to a navigable Panamanian river that dramatically shortened the difficult foot journeys. The years 2022 and 2023 and 2024 were historic as more than a million foreign nationals came to traverse the shorter, faster, safer route that Biden’s progressives engineered.

At administration urging and with U.S. taxpayer money, the two countries built new hospitality camps and expanded existing ones, improved trail conditions, mounted bridge projects over dangerous rivers, and brought in dozens of UN and non-governmental organizations to manage migration aid and support from Panama’s so-called “City of Knowledge.”

The U.S. State Department and the U.S. Agency for International Development (USAID) began showering many hundreds of millions of dollars in U.S. taxpayer funds on advocacy groups that set up shop in Panama and exerted political influence in a country known for its susceptibility to government corruption, a place the the CIA’s World Factbook calls a historic money-laundering and illegal drug trafficking hub.

It was against all this momentum that Panama’s new president suddenly announced he was going to shut the whole thing down.

Disruption of an Established Order

In my 2021 book America’s Covert Border War, I discussed the Darien Gap as a U.S. national security threat because it has enabled terrorist travel to the American border. I proposed a set of policies that would be bought and paid for by a mythological U.S. administration that really would one day want – or need – to seal the Gap after, say, a terror attack. An American administration could impose robust ICE Air deportation flight operations on the supposedly allied nations of Colombia, Panama, Costa Rica, and Mexico. U.S. taxpayers would foot the bill because those countries should not be asked to pick up the tab for U.S. national security.

The Biden administration cannot be counted on to go that far for reasons that will be explained shortly. But I and other experts who have witnessed the flow in these countries believe the volume of migrants can still be reduced.

“Physically, he can shut the border. He can do it if he’s got the guts. He can do it tomorrow,” says independent blogger and war correspondent Michael Yon in reference to Mulino. Yom, who has spent the past two years living and reporting on all sides of the Darien Gap, knows its surrounding geography or politics better than almost anyone. He says Mulino can shut down most human traffic through the gap and deter any further movement using the very same measures Panama used when Covid hit and it closed its borders to Colombia.

At any given time, about 5,000 are moving through the gap. Let them pass through as the last ones under the “controlled flow” regime, Yon suggests.

Then, Mulino can start the program by having SENAFRONT intercept Colombia boat traffic moving almost all the immigrants across the Gulf of Uraba.

“Seize any boats and people will get the hint really quick,” Yon said. “Once people start losing those expensive boats, that’ll do it. They’ll be on the phone reporting back, ‘Hey I’ve been arrested in Panama, and they took my boat.’ That’ll do it right there. Right away.”

Those who get through and onto the trails will need to find a similarly rude awakening in SENAFRONT officers not interested in rescue so much as detention and expulsion, in Yon’s expert view. They’ll all go into hospitality camps converted into real detention camps, only to be kicked back as soon as practicable to Colombia.

“Make it all Colombia’s problem, and you’ll see Colombia stop them,” Yon said, referring again to the dynamics seen during Covid. “If it worked for Covid, and we know that they did it then, it’ll work now too.”

Yon’s point is supported by data. A 2020 United Nations report credited a Panamanian coronavirus quarantine with significantly deterring migration by containing those SENAFRONT caught in camps indefinitely. Numbers of border crossers dropped from 24,000 in 2019 when controlled flow was in use, to only 4,000 in 2020 when Panama opened detention camps.

Migrants stopped trying the Gap in large numbers when word of indefinite Panamanian detention got back to Colombia, which then had to close its own borders lest it too get stuck with huge numbers of immigrants, the hot potato.

Next up, according to Yon: revoke all visas and immediately expel every United Nations agency and all the non-governmental organizations whose work and aid incentivize the traffic. These agencies, fat with U.S. tax money, will try to use political influence in the Panamanian congress or in Mulino’s own administration to undermine the new policies.

“Put police on their doors, and tell them it’s time to pack up and leave right now,” Yon said.

But while Panama’s narrow geography would allow a determined president to almost certainly replicate Covid-era border closure and detention with expulsion policies, Yon said he’ll need “guts” to stay the course when political pushback immediately begins that Mulino might not be able to withstand.

He’ll get it from the government of Colombia. From the United Nations and NGOs profiting by the flow. From elements of U.S. government that believe in open borders.

The key weapon they will deploy is a global disinformation media campaign that will paint Panama’s president as inhumane to marshal global sanctions and other economic repercussions.

“They’ll hit him hardcore in the press. They’ll show kids dying in the jungle,” Yon said. “It takes damn the torpedoes, and then just see what their best looks like, and if you don’t make it, you don’t make it. But I think he can do it.”

Joseph M. Humire, executive director of the Center for a Secure Free Society and Latin America expert, also believes Mulino is serious about trying to close the gap. His predictions about the pushback mirror Yon’s, especially from the NGO industry which has used its largess to build lobbying influence both in Panama and the United States, and which has a financial interest in keeping the migrants flowing.

“If he actually tries to do things to close the border, I see a disinformation campaign against him that will charge him with violating human rights,” Humire said. “The amount of money that industry has established is pretty big. We’ll see how much they put their money where their mouth is to keep the Darien Gap open.”

In turn, media disinformation campaigns that will tar Mulino as evil should enable open-border progressives inside the Biden administration to argue against U.S. support for a gap closure, even though such a closure would aid the American president’s incumbency at least until November.

“The Biden administration will want to work with him, at least on paper,” Humire said. “But at the same time, I feel like the pressure mechanisms of these NGOs with the disinformation campaign will scare away the Biden administration.”

In short, Mulino will walk his own trail very much alone.

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Daily Caller

DOJ Releases Dossier Of Deported Maryland Man’s Alleged MS-13 Gang Ties

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From the Daily Caller News Foundation

By Katelynn Richardson

The Department of Justice (DOJ) released documents Wednesday demonstrating Kilmar Armando Abrego Garcia’s membership in the MS-13 gang.

Abrego Garcia’s police interview, immigration court rulings and Department of Homeland Security (DHS) deportable/inadmissible alien record highlighting his membership in the gang, which he has disputed in court, are included in the release.

In a December 2019 decision, the Board of Immigration Appeals dismissed Abrego Garcia’s challenge to an immigration judge’s factual finding that he is “a verified member of MS-13.”

The board found the immigration judge “appropriately considered allegations of gang affiliation against the respondent in determining that he has not demonstrated that he is not a danger to property or persons.”

Officers found Abrego Garcia loitering in a Home Depot parking lot on March 28, 2019, wearing “a Chicago Bulls hat and a hoodie with rolls of money covering the eyes, ears and mouth of the presidents on the separate denominations,” the initial Prince George’s County Police Department Gang Field Interview Sheet states.

“Wearing the Chicago Bulls hat represents that they are a member in good standing with the MS-13,” the document states. “Officers contacted a past proven and reliable source of information, who advised Kilmar Armando ABREGO-GARCIA is an active member of MS-13 with the Westerns clique. The confidential source further advised that he is the rank of ‘Chequeo’ with the moniker of ‘Chele.’”

The administration became embroiled in a legal dispute after Abrego Garcia, who entered the country illegally in 2011, was deported in March to El Salvador as a result of an error. In court records, they argued Abrego Garcia could not “relitigate the finding that he is a danger to the community.”

A lower court ordered his return, but the Supreme Court required it to clarify the order and directed the administration to “facilitate” Abrego Garcia’s release.

The Department of Justice (DOJ) indicated Wednesday that it would appeal the amended order Judge Paula Xinis issued which directed the government to “take all available steps to facilitate the return of Abrego Garcia to the United States as soon as possible.”

During a Monday meeting with President Donald Trump, El Salvadoran President Nayib Bukele said he would not “smuggle” a terrorist into the U.S.

The Department of Homeland Security (DHS) also released court filings Wednesday showing Abrego Garcia’s wife requested a domestic violence restraining order against him.

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Despite court rulings, the Trump Administration shows no interest in helping Abrego Garcia return to the U.S.

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Racket News - YouTube  Greg Collard's avatar By Greg Collard

With research assistance from James Rushmore

Timeline: The Case of Kilmar Armando Abrego Garcia

With President Trump sitting next to him, El Salvador President Nayib Bukele told reporters in the Oval Office on Monday that no, he is not going to release Kilmar Armando Abrego Garcia from his country’s Terrorism Confinement Center (CECOT), despite a Justice Department lawyer admitting in a court filing that Abrego Garcia’s deportation last month was an “administrative error.”

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No matter, Bukele said when asked if would return him to the U.S.:

Bukele: Of course I’m not going to do it. The question is preposterous. How can I smuggle a terrorist into the United States. I don’t have the power to return him to the United States.

Reporter: But you could release him inside El Salvador.

Bukele: Yeah, but I’m not releasing, I mean I’m not very fond of releasing terrorists into our country. We just turned the murder capital of the world into the safest country in the Western hemisphere, and you want us to go back into releasing criminals so we can go back to being the murder capital of the world? That’s not going to happen.

Not that there was any doubt what Bukele would say. Attorney General Pam Bondi set the tone early on in the meeting. She explained what the Supreme Court meant last week when it said a lower court ruling “properly requires the government to ‘facilitate’ Abrego Garcia’s release from custody in El Salvador.”

The Supreme Court ruled, president, that if El Salvador wants to return him … we would facilitate it, meaning provide a plane.

It brings to mind President Clinton’s infamous grand jury testimony when he said: “It depends upon what the meaning of the word ‘is’ is.”

Abrego-Garcia left El Salvador and illegally entered the U.S. in 2011. His status as an illegal immigrant changed after he was arrested in 2019 and the Department of Homeland Security accused him of being a member of the MS-13 gang. Abrego Garcia fought the accusation and applied for asylum. Instead, an immigration judge granted him “withholding of removal” status.

A federal judge wrote in an April 6 opinion that in El Salvador “the Barrio 18 gang had been targeting him and threatening him with death because of his family’s pupusa business.”

The Justice Department argues its hands are tied. It doesn’t matter that the U.S. is paying El Salvador $6 million a year to house U.S. deportees at CECOT.

“The United States does not have control over Abrego Garcia. Or the sovereign nation of El Salvador,” says one court filing.

Below is a timeline of the case since Abrego Garcia was arrested last month, leading up to Monday’s Oval Office meeting with Bukele.

March 12-15, 2025

ICE agents stop Abrego Garcia and tell him that he is no longer under “withholding of removal” status. The Trump administration says he is a member of the MS-13 gang, which the president has designated a foreign terrorist organization.

Abrego Garcia, who denies he is part of MS-13, is sent to an ICE detention facility in La Villa, Texas, and from there he is deported to El Salvador on March 15 along with 260 others, primarily Venezuelan nationals. He is being held in CECOT, a prison that has a capacity of 40,000 inmates.

March 24, 2025

Abrego Garcia and his wife, Jennifer Vasquez Sura, file a lawsuit that notes Abrego Garcia has been in the U.S. legally since 2019 under withholding of removal status, and that the designation was never lifted.

They also accuse the government of sending Abrego Garcia to El Salvador despite “knowing that he would be immediately incarcerated and tortured in that country’s most notorious prison; indeed, Defendants have paid the government of El Salvador millions of dollars to do exactly that. Such conduct shocks the conscience and cries out for immediate judicial relief.”

The lawsuit requests the court order the U.S. government to tell the government of El Salvador to release and deliver Abrego Garcia to the U.S. Embassy in San Salvador.

March 31, 2025

The Justice Department acknowledges in a court filing that “although ICE was aware of his protection from removal to El Salvador, Abrego Garcia was removed to El Salvador because of an administrative error.”

Still, the Justice Department argues the motion should be denied because the court “has no power” over El Salvador. Justice Department attorneys argue:

Under their (plaintiffs) logic, this Court may assume jurisdiction to decide whether the order is legal, but if the order were determined legal, then jurisdiction would disappear again.

The government also says there’s no proof that Abrego Garcia will be tortured or killed in CECOT:

Plaintiffs point to little evidence about conditions in CECOT itself (focusing primarily on its capacity for detainees), instead extrapolating from allegations about conditions in different Salvadoran prisons. While there may be allegations of abuses in other Salvadoran prisons—very few in relation to the large number of detainees—there is no clear showing that Abrego Garcia himself is likely to be tortured or killed in CECOT. More fundamentally, this Court should defer to the government’s determination that Abrego Garcia will not likely be tortured or killed in El Salvador.

April 4, 2025

U.S. District Court Judge Paula Xinis orders the Trump Administration to return Abrego Garcia to the U.S. by 11:59 p.m., April 7. She writes:

Plaintiffs are likely to succeed on the merits because Abrego Garcia was removed to El Salvador In violation of the Immigration and Nationality Act…and without any legal process; his continued presence in El Salvador, for obvious reasons, constitutes irreparable harm; the balance of equities and the public interest weigh in favor of returning him to the United States; and issuance of a preliminary injunction without further delay is necessary to restore him to the status quo and to avoid ongoing irreparable harm resulting from Abrego Garcia’s unlawful removal.

April 5, 2025

The Justice Department appeals the order, calling it “indefensible” that “a federal district judge ordered the United States to force El Salvador to send one of its citizens—a member of MS-13, no less—back to the United States by midnight on Monday. If there was ever a case for an emergency stay pending appeal, this would be it.”

More from the appellate motion:

Foremost, [the order] commands Defendants to do something they have no independent authority to do: Make El Salvador release Abrego Garcia, and send him to America. That is why Plaintiffs did not even ask the district court for an order directing Abrego Garcia’s return. As Plaintiffs themselves acknowledged, a federal court “has no jurisdiction over the Government of El Salvador and cannot force that sovereign nation to release Plaintiff Abrego Garcia from its prison.” That concession is all that is needed to order a stay here. No federal court has the power to command the Executive to engage in a certain act of foreign relations; that is the exclusive prerogative of Article II, immune from superintendence by Article III.

April 6, 2025

Judge Xinis issues a follow-up memorandum opinion to her April 4 order:

Although the legal basis for the mass removal of hundreds of individuals to El Salvador remains disturbingly unclear, Abrego Garcia’s case is categorically different—there were no legal grounds whatsoever for his arrest, detention, or removal. Nor does any evidence suggest that Abrego Garcia is being held in CECOT at the behest of Salvadoran authorities to answer for crimes in that country. Rather, his detention appears wholly lawless.

The judge also writes that in 2019, Homeland Security “relied principally on a singular unsubstantiated allegation that Abrego Garcia was a member of MS-13.”

April 7, 2025

A three-judge panel of Fourth U.S. Circuit Court of Appeals unanimously denies the government’s motion for a stay of Xinis’ order that say Abrego Garcia must be returned to the U.S. by 11:59 p.m. Judge Stephanie Thacker writes:

The United States Government has no legal authority to snatch a person who is lawfully present in the United States off the street and remove him from the country without due process. The Government’s contention otherwise, and its argument that the federal courts are powerless to intervene, are unconscionable.

The Trump Administration appeals to the U.S. Supreme Court, and Chief Justice John Roberts grants an administrative stay to give justices time to consider the case.

Following the stay, Bondi accuses Abrego Garcia of being a “violent gang member”:

We will continue to fight for the safety of Americans and get these people out of our country to make America safe.

April 10, 2025

The Supreme Court rules against the Trump administration but directs Judge Xinis to “clarify” a portion of her ruling. From the Supreme Court’s decision:

The order properly requires the Government to “facilitate” Abrego Garcia’s release from custody in El Salvador and to ensure that his case is handled as it would have been had he not been improperly sent to El Salvador. The intended scope of the term “effectuate” in the District Court’s order is, however, unclear, and may exceed the District Court’s authority. The District Court should clarify its directive, with due regard for the deference owed to the Executive Branch in the conduct of foreign affairs. For its part, the Government should be prepared to share what it can concerning the steps it has taken and the prospect of further steps.

April 11, 2025

If the Supreme Court said, ‘Bring somebody back,’ I would do that. I respect the Supreme Court.

President Trump says that aboard Air Force One a day after the Supreme Court upholds a lower court ruling and says the government should “facilitate” Abrego Garcia’s return to the U.S.

Meanwhile, Judge Xinis issues a new order that directs the government to “take all available steps to facilitate the return” of Abrego Garcia. In a hearing, she also makes clear her frustration with the Justice Department.

“The record, as it stands, is, despite this court’s clear directive, your clients have done nothing to facilitate the return of Mr. Abrego Garcia,” she says.

Xinis also orders the administration to provide daily updates on the status of Abrego Garcia’s return. She also criticizes Justice Department attorneys in her order:

During the hearing, the Court posed straightforward questions, including: Where is Abrego Garcia right now? What steps had Defendants taken to facilitate his return while the Court’s initial order on injunctive relief was in effect…? Defendants’ counsel responded that he could not answer these questions, and at times suggested that Defendants had withheld such information from him. As a result, counsel could not confirm, and thus did not advance any evidence, that Defendants had done anything to facilitate Abrego Garcia’s return. This remained Defendants’ position even after this Court reminded them that the Supreme Court of the United States expressly affirmed this Court’s authority to require the Government “facilitate” Abrego Garcia’s return. From this Court’s perspective, Defendants’ contention that they could not answer these basic questions absent some nonspecific “vetting” that has yet to take place, provides no basis for their lack of compliance.

April 12, 2025

A State Department official reports to the court that Abrego Garcia is “alive and secure” at CECOT. “He is detained pursuant to the sovereign, domestic authority of El Salvador,” the State Department’s Michael Kozak says in a filing.

However, he does not give an update on the status of Abrego Garcia’s return to the U.S.

 

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