The US government is using a checklist of unreliable indicators to identify Venezuelan men as members of the gang Tren de Aragua and subject them to removal under the Alien Enemies Act, according to immigrant-rights advocates. The checklist was revealed in court filings in a case brought by the American Civil Liberties Union (ACLU), which challenges the Trump administration’s use of the law to remove 137 Venezuelan suspected gang members to a maximum security prison in El Salvador.
The checklist, titled “Alien Enemies Act: Alien Enemy Validation Guide,” assigns point totals to different categories for each immigrant, including tattoos and symbols associated with Tren de Aragua. However, experts say that tattoos are an unreliable way to identify members of the gang, and that the government’s use of this checklist is unfair and discriminatory.
The ACLU has challenged the Trump administration’s use of the Alien Enemies Act, citing examples of Venezuelan men who were accused of being gang members because of their tattoos. These men include a professional soccer player with a tattoo of a soccer ball with a crown, similar to the Real Madrid Football Club logo.
Many family members and attorneys of the accused deny that their loved ones have any affiliation with Tren de Aragua. “The government’s checklist suggests that tattoos and other unreliable indicators are playing an enormous role in Venezuelan men ending up in a brutal Salvadoran prison,” said Lee Gelernt, deputy director of the ACLU Immigrants’ Rights Project.
The US has sent over 230 Venezuelan men to El Salvador under the Alien Enemies Act, with some receiving deportation orders despite having no prior criminal records. The administration claims that all of the men were members of Tren de Aragua, but court documents have revealed contradictions in this claim.
Experts say that the use of a checklist based on tattoos and other subjective indicators is unfair and discriminatory. “Tattoos aren’t an identifier for Tren De Aragua,” said Ronna RÃsquez, a Venezuelan investigative journalist. “Maybe there’s a Tren de Aragua member who has that tattoo, but that’s not enough to identify them as Tren de Aragua.”
The use of this flawed checklist raises concerns about the fairness and accuracy of the US immigration system.
Source: https://www.npr.org/2025/03/31/nx-s1-5345832/advocates-say-flawed-checklist-dhs-venezuelans-for-deportation-under-alien-enemies-act