Laura Peña could see that her 36-year-old client was wasting away. Gaunt and haggard after nearly two months in jail, he ran his fingers through his hair and opened his hands to show her the clumps that were falling out. He was so distraught that his two young children had been taken from him at the border, he could barely speak without weeping.
After Carlos requested political asylum, border and immigration agents had accused him of being a member of the notorious MS-13 gang in El Salvador — a criminal not fit to enter the United States. But as Peña looked at him, she saw none of the typical hallmarks of gang membership: the garish MS-13 tattoos or a criminal record back home. He was the sole caregiver for his 7-year-old son and 11-year-old daughter. He'd even brought an official letter from El Salvador's Justice Ministry certifying that he'd never been in jail. Something else about his case bothered her, too: She'd been peppering the government's lawyers with phone calls and emails for weeks and they'd yet to reveal any evidence to back up their accusation.
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