The Trump administration has reportedly used minimal evidence, including tattoos and clothing, to label Venezuelan migrants as members of the violent street gang Tren de Aragua, according to new court filings. These documents suggest that the government has set a low threshold for the deportation of individuals accused of gang affiliation, often denying them the opportunity to contest these accusations.
This month, the administration invoked the Alien Enemies Act—a wartime statute—to deport over 100 Venezuelan migrants suspected of being gang members. This powerful legal tool has been used to bypass due process, preventing the accused from challenging the charges.
The court documents, filed over the weekend, include a government manual called the “Alien Enemy Validation Guide.” This guide outlines criteria for determining gang membership, including a scoring system where individuals accumulate points based on various factors. According to the document, a migrant could be deemed a member of Tren de Aragua with as few as eight points. Notably, admitting gang affiliation automatically earns 10 points, making deportation almost certain.
Tattoos associated with gang membership could add up to four points, and another four points could be given for displaying “insignia, logos, notations, drawings, or dress” linked to the group. The guide further states that wearing “high-end urban street wear,” such as Chicago Bulls jerseys, could also indicate gang affiliation.
Lawyers representing the Venezuelan migrants argue that the tattoos used as evidence of gang membership are often misinterpreted. In one case, a man with a crown tattoo was accused of belonging to Tren de Aragua, but his legal team argued that the tattoo was meant to honor his favorite soccer team, Real Madrid. Another migrant’s crown tattoo was said to commemorate his late grandmother.
The defense has also criticized the administration for denying migrants the opportunity to contest their deportations. They contend that the government’s use of the Alien Enemies Act is unlawful, as the statute was designed for wartime or national emergencies, not for routine immigration cases.
In a related development, Judge James E. Boasberg of the Federal District Court in Washington temporarily blocked the White House from using the Alien Enemies Act to deport Venezuelan migrants. The administration has asked the U.S. Supreme Court to intervene and reverse the judge’s order.
The court papers also detail the case of Andry Jose Hernandez Romero, a Venezuelan migrant accused of being a gang member due to his tattoos. Hernandez Romero, a professional makeup artist who identifies as gay, has repeatedly denied any affiliation with Tren de Aragua. His tattoos, including one with a crown next to the word “Mom” and another next to “Dad,” are personal and have no connection to gang symbolism, according to his lawyers.
Judge Boasberg is also set to hold a hearing on Thursday to determine whether the Trump administration violated his order by allowing two deportation flights to proceed to El Salvador on March 15. The administration has refused to provide detailed information about these flights, citing national security concerns. This invocation of the “state secrets” privilege has sparked a legal dispute, with the lawyers for the migrants arguing that it is an unjustified attempt to withhold critical information from the court.
The government’s reliance on the state secrets privilege has raised concerns among legal experts, who warn it could undermine the judicial system and embolden the executive branch to disregard court orders. In their court filings, the migrants’ attorneys pointed out that President Trump had recently shared information about the flights on social media, further complicating the administration’s defense.
The legal battle continues, with potential implications for the administration’s broader deportation practices and the use of wartime statutes in immigration enforcement.
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