The Trump administration has granted itself the authority to summarily deport Venezuelan migrants accused of being members of a violent street gang on the basis of tattoos or clothing associated with the gang. The White House ordered the deportation of over 100 people suspected of being members of the gang under the Alien Enemies Act, denying them due process. The government document, titled “Alien Enemy Validation Guide,” laid out criteria to designate individuals as members of Tren de Aragua, including a scoring system that required eight points for identification.
The document stated that any migrant admitting to being a gang member automatically received 10 points, leading to deportation. Officials could also assign points for tattoos denoting membership to Tren de Aragua or clothing indicating allegiance to the gang. Lawyers for the Venezuelan migrants have argued that officials have falsely accused individuals based on tattoos, resulting in deportation to a brutal prison in El Salvador. The lawyers claimed that tattoos such as a crown were misunderstood, as they were actually in honor of soccer teams or loved ones.
The lawyers have challenged the administration’s use of the Alien Enemies Act, alleging that it was misapplied as the law is meant to be used in times of declared war or invasion. Judge James E. Boasberg temporarily blocked the White House from deporting the Venezuelans two weeks ago, pending a Supreme Court review. The lawyers argued that the administration failed to provide an opportunity for migrants to dispute accusations of gang membership and that the law was misused.
One of the men accused of being a member of Tren de Aragua due to tattoos is a professional makeup artist who identifies as gay. His tattoos, depicting crowns next to “Mom” and “Dad,” have been misunderstood according to his lawyers, who claim he fled Venezuela due to political persecution. Meanwhile, a hearing has been scheduled to discuss whether the Trump administration violated the order to halt deportation flights by allowing planes of migrants to continue to El Salvador. The administration asserted state secrets protection to withhold data about the flights from Judge Boasberg, escalating tensions and potentially leading to a constitutional crisis.
Lawyers for the Venezuelan migrants argued that the administration’s use of the state secrets privilege was unwarranted and unprecedented. They highlighted that President Trump previously shared details about the flights on social media, contradicting the government’s claim of state secrets. The lawyers expressed concern that accepting the government’s reasoning in this case could allow the executive branch to defy court orders with impunity, undermining the judicial system. The conflict between the administration and Judge Boasberg continues as they seek to determine the truth behind the deportation of Venezuelan migrants accused of gang membership.
