We're Finally Seeing the 'Evidence' Against the Migrants Deported by Trump. It's Unbelievable.
Sign up for the Slatest to get the most insightful analysis, criticism, and advice out there, delivered to your inbox daily.
After the Trump administration rounded up hundreds of Venezuelan migrants around the country—without notice or court hearings—and sent them off to a prison in El Salvador, we're finally getting details on who was deported and why. And the more we learn, the more obvious it becomes why the government is so eager to expel these individuals without any semblance of due process. It claims that these men are terrorists by virtue of their alleged membership in the Tren de Aragua gang—but evidence of this affiliation is weak to the point of nonexistence.
Consider Jerce Reyes Barrios, one victim of the deportations: a professional soccer player who had fled Venezuela after protesting against dictator Nicolás Maduro and was living peacefully in the U.S. until the government snatched him up and deported him to El Salvador. Linette Tobin, Barrios' attorney, submitted a declaration in federal court that detailed the disturbing reasons why her client was targeted by Immigration and Customs Enforcement. After entering the U.S. last year, Barrios was scheduled to have an asylum hearing in April. But on Saturday, he was arrested and held at a San Diego detention facility after ICE agents accused him of being a member of Tren de Aragua, the Venezuelan gang that President Donald Trump has been fixated on to fulfill his mass-deportation plan.
ICE's accusations were based on two things. First, Barrios has a tattoo on his arm of a crown sitting atop a soccer ball that, federal immigration authorities allege, 'is proof of gang membership.' In reality, Tobin wrote, the tattoo was inspired by the Real Madrid soccer team, which is also circular in shape and features a crown. Second, Barrios posted a photo of himself on social media in which he's gesturing with both hands, with his middle fingers down. This, federal agents claimed, was also proof of gang membership—except that Barrios' hand gesture actually means 'I love you' in sign language and is also commonly used as a symbol of rock 'n' roll.
This implausible misinterpretation of benign tattoos is a common theme across migrants caught up in this unlawful scheme. ICE alleged that another individual, known as E.V., was a member of Tren de Aragua based on his tattoos—which feature 'anime, flowers, and animals,' as well as a crown of thorns. Agents reportedly believed that the crown indicates gang membership. But as his lawyer explained, it is in fact 'a tribute to his grandmother,' whose 'date of death appears at the base of the crown.'
Others faced similarly baseless accusations. One migrant, known as J.A.B.V., has tattoos of 'a Rose, a Clock and a Crown with his son's name on it,' none of which indicates gang membership. Like many of these men, he has never been arrested, charged, or convicted of a crime in Venezuela or the United States. But ICE agents said that tattoos were proof of Tren de Aragua membership and deported him. Another migrant, L.G., 'has three tattoos: one is a rosary, the other is his partner's name, and the third is a rose and a clock.' None have any connection to a gang, but ICE accused him of gang membership anyway. It made the same claim about Anyelo Jose Sarabia because he has tattoos of a Bible verse and a rose with money as petals. And about Franco Caraballo because of a tattoo celebrating his daughter. The list goes on.
Adding insult to injury, many of these migrants came to the U.S. seeking refuge from Tren de Aragua, only to then be accused of membership in that very gang. One person, whose name was redacted, had applied for asylum six months before being unlawfully deported this month 'due to my fear of harm and mistreatment from multiple criminal groups, including the Tren de Aragua gang,' according to his attorney's declaration. Immigration agents detained him while he was living in a New York homeless shelter with his family.
The government's theory appears to be that any Venezuelan migrant with tattoos is presumptively a member of Tren de Aragua until proven otherwise—except that they cannot prove otherwise, since they have been denied due process. Trump invoked the Alien Enemies Act of 1798 precisely because, he claims, it allows him to expel noncitizens without the annoyance of judicial oversight. That is wrong, but the Justice Department is hoping to get around that problem by moving so quickly that courts can't keep up. And when courts have tried to intervene, the DOJ claims that Trump's decisions are unreviewable, rejecting the judiciary's authority to limit the president's lawbreaking.
These false accusations are not novel: During Trump's first term, ICE routinely accused noncitizens of gang membership based on their tattoos and tried to deport them on that basis. One federal judge even accused ICE agents of lying under oath about the tattoos of a man with DACA status, freeing him from illegal detention. From that incident, the new administration seems to have learned an important lesson: When granted due process in a court of law, noncitizens might actually be able to disprove the bogus allegations against them. And in response, the government has developed new legal theories designed to prevent judges from seeing, let alone ruling upon, the evidence that ICE has concocted to justify their deportation.
It's an open question whether ICE targeted these men because of their tattoos or whether agents detained them first, then fabricated a pretext later. Those details will hopefully be sorted out when lawyers for the victims can interrogate those who perpetrated this scheme. What matters most now is that judges have an opportunity to review the alleged evidence, in conjunction with the relevant law, and end this persecution before its test run is expanded into a full-blown suspension of all immigrants' constitutional rights.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
The Hill
42 minutes ago
- The Hill
House Democrat: We should be let into ICE facilities
Rep. Greg Meeks (D-N.Y.) condemned new policies requiring pre-screening for lawmakers' visits to immigration detention facilities on Friday after a series of incidents where members of Congress seeking to conduct oversight were denied entry. 'This administration has continuously tried to go around Congress and block Congress from doing its constitutionally responsible duties,' Meek said during a Friday appearance on MSNBC. 'We are and have oversight and should be let into these facilities without notice,' he added. Meeks said when provided advanced notice Department of Homeland Security (DHS) officials can misrepresent conditions. His comments come after DHS issued new guidance requesting 72-hour notice before members of Congress visit facilities. Several lawmakers in New Jersey, California, Illinois and New York have been barred from entering facilities to conduct legal oversight. Meeks said DHS' new policy is 'problematic.' 'The way that you find out what actually is taking place, and we've done this under several administrations, Democrat and Republican previously, you're able to walk in and make an assessment of what is and what is not taking place,' Meeks told MSNBC. 'When you are prevented from doing your job and prevented from, you know, doing what the Constitution says you should be doing, then it makes you feel that there is something going on that should not be going on.' Multiple detainees have complained of overcrowding and a lack of due process amid national protests regarding the Trump administration's new immigration policies. Rep. Bennie G. Thompson (D-Miss.) also said Homeland Security Secretary Kristi Noem is seeking to block lawmakers from visiting Immigration and Customs Enforcement (ICE) field offices, even during advance visits. DHS did not immediately respond to The Hill's request for comment on the allegations. 'No matter how much she and Trump want to force us to live under their authoritarian rule, ICE is not above oversight and the Department must follow the law. This unlawful policy is a smokescreen to deny Member visits to ICE offices across the country, which are holding migrants – and sometimes even U.S. citizens – for days at a time,' Thompson, ranking member of the House Homeland Security Committee, said in a statement. 'They are therefore detention facilities and are subject to oversight and inspection at any time. DHS pretending otherwise is simply their latest lie. There is no valid or legal reason for denying Member access to ICE facilities and DHS's ever-changing justifications prove this,' he added.
CNN
an hour ago
- CNN
Border patrol agents arrest US citizen standing up for detained maintenance worker
A US citizen has been arrested after a physical altercation with immigration agents after they detained a maintenance worker at a shopping center in Pico Rivera, California.
USA Today
an hour ago
- USA Today
Los Angeles Dodgers ICE protests and boycott threats, explained
The Los Angeles Dodgers are facing a fan revolt in their hometown amid rising tensions due to the Department of Homeland Security's immigration raids and the team's recent actions — and inactions. After previous repeated refusals to comment on the situation in Los Angeles — despite the fact LAFC and Angel City FC soccer clubs have both backed the city's immigrant community — some fans have called for boycotting the Dodgers and plan on protesting the franchise beginning Saturday, June 21. Those calls grew louder following a recent attempt by federal agents to access the stadium. Considering the Dodgers say more than 40 percent of the fan base is Latino, the fallout from a boycott could be felt immediately. Here's how we got here. Federal agents attempt to access Dodger Stadium On Thursday, shortly after the Dodgers finally indicated they would announce plans to assist LA's immigrant community, fans woke up to rumors of federal agents using the parking lots at Dodger Stadium as a staging area. The team released a statement later in the day saying it had refused access to ICE agents and Thursday's game would go on as scheduled. ICE denied a presence at Dodger Stadium, claiming it wasn't there Thursday. Photos and videos show border control agents attempting to access stadium parking lots. As protesters quickly swarmed the area, calls for the Dodgers to speak up or face a protest continued to grow. Who is calling for a Dodgers boycott? The call for action is coming from multiple groups and supporters and is starting to gain steam around the area. Here's more from the Los Angeles Public Press: Buried Under The Blue, an organization that advocates for the Indigenous communities displaced to build Dodger Stadium, have also spoken out and are asking fans to boycott the team. The group, which routinely refers to the Dodgers as the Displacers and advocates for the memory of the original neighborhoods of Palo Verde, La Loma and Bishop (modern-day Chavez Ravine), are now referring to the team as the Deporters and are directing fans to partake in the ActionCali action. Lawyer Michael Alder of Alder Law took to Instagram to call for a boycott of the team, urging fans not to buy tickets, attend or watch games or buy merchandise. 'I know it might seem small,' Alder said, 'but if we stand together we will undoubtedly make a real impact. Fans have also been urged by groups like ActionCali to reach out to the Dodgers to voice their concerns. Is this all because of the ICE raids in Los Angeles? Yes and no. The Immigration and Customs Enforcement raids across the city have escalated concerns from fans, but the disconnect with the franchise actually began months ago. The Dodgers were noticeably silent back in March when the Department of Defense wiped a webpage dedicated to Jackie Robinson's military service and bravery in breaking MLB's color barrier — then the team celebrated Jackie Robinson Day a few weeks later as if nothing happened. In between those events, the Dodgers chose to visit the White House to celebrate their 2024 World Series title, despite manager Dave Roberts previously saying he would decline such an invite because of President Donald Trump. Most recently, the team asked Nezza not to sing the national anthem in Spanish during the 'No Kings' day protests. She did not comply. Meanwhile, the team allegedly removed a fan holding an anti-ICE sign from a recent game and made another fan remove a sarape scarf before he was allowed to enter Dodger Stadium. The actions here speak much louder than words, though the Dodgers haven't had too many things to say lately. Wait. The Los Angeles Dodgers didn't comment on ICE raids? Well, until Wednesday night — when talks of a boycott began growing louder — the official team position seemingly was to remain silent about what was happening to the city's immigrant community. Per the Los Angeles Times Dylan Hernandez: Don't expect this to change. 'We're not going to comment,' Dodgers executive vice president and chief marketing officer Lon Rosen said. Considering what's happened in the last week, do the Dodgers regret visiting President Trump at the White House earlier this season? 'We're not going to comment on anything,' Rosen said. When the Dodgers announced they accepted Trump's White House invitation, team president Stan Kasten claimed the decision had 'nothing to do with politics.' Kasten sounded as if he was counting on the fans to give the team a pass for visiting an aspiring tyrant, either because their love of the Dodgers overwhelmed their disgust for Trump or because they lacked the intellectual faculties to connect Trump's racist rhetoric to real-life consequences. That sentiment was clearly not shared in the clubhouse. What about the Dodgers players? Kiké Hernández has been one of the lone outspoken voices standing up for immigrants, posting a tribute to his adopted city on Instagram and asking for people to be treated with dignity and respect. "I may not be Born & Raised, but this city adopted me as one of their own," Hernandez wrote. "I am saddened and infuriated by what's happening in our country and our city. Los Angeles and Dodger fans have welcomed me, supported me and shown me nothing but kindness and love. This is my second home. And I cannot stand to see our community being violated, profiled, abused and ripped apart. ALL people deserve to be treated with respect, dignity and human rights." Pitcher Brusdar Graterol previously took a stand on Instagram the same day his teammates visited the White House without him. More players will certainly be forced to answer about the situation after Thursday. Dodgers delay immigrant assistance announcement If anyone thought the presence of federal agents at Dodger Stadium would encourage the team to finally speak out, they were mistaken. In fact, the team delayed their announcement indefinitely following the incident Thursday morning. "Because of the events earlier today, we continue to work with groups that were involved with our programs," team president Stan Kasten said in a Thursday statement. "But we are going to have to delay today's announcement while we firm up some more details. We'll get back to you soon with the timing." Which brings us back to the calls to protest and boycott the Dodgers. The franchise has a long, tenuous relationship with the neighborhood of Chavez Ravine, which is home to Dodger Stadium. When the Brooklyn Dodgers bolted for the West Coast, the area was predominately inhabited by Mexican-American communities, who had to flee their homes, or be forcibly removed, after the city seized the land via eminent domain in the 1950s. The team's relationship with the Latino community only began to repair when Mexican star pitcher Fernando Valenzuela became a must-see sensation for the Dodgers in the 1980s. This is not ancient history by any means. The Dodgers are only a few generations removed from displacing the local immigrant community, which explains why the silence from a franchise that worked for years to restore trust in the neighborhood it took over is suddenly fracturing.
