Details Emerge on Venezuelan Deportations to El Salvador Under Trump

The deportation of over 200 Venezuelan men to El Salvador by the Trump administration continues to face considerable criticism. A federal judge has rebuked administration officials for allegedly “evading its obligations,” and doubts are growing about the claim that all the men belonged to a dangerous gang.

Federal District Court Judge James E. Boasberg described the Justice Department’s reports on the deportation flights as “woefully insufficient” on Thursday. He is trying to determine if Trump officials ignored his verbal order from the previous Saturday to halt the flights and return the men to the U.S. Instead, the men were sent to El Salvador, where the government quickly publicized photos of them being transferred to the country’s largest prison. Boasberg expressed his frustration on Thursday that administration officials still hadn’t provided the details he requested about the flights’ departure times from the U.S. and arrival times in El Salvador. “The government has again evaded its obligations,” Boasberg stated. He might hold the Trump administration in contempt if he believes his instructions were violated.

Lawyers and relatives of numerous deported Venezuelan men are challenging the administration’s assertions that they were members of Tren de Aragua. In a recent court filing, the Trump administration conceded that many of those removed under the Alien Enemies Act do not have criminal records in the U.S.

Robert Cerna, an official with U.S. Immigration Customs and Enforcement in Harlingen, Texas, stated in the filing that while the men had “only been in the United States for a short period of time,” agency personnel “carefully vetted each individual alien to ensure they were in fact members” of the gang. Cerna argued, somewhat illogically, that the government’s limited information on many of the men supports their claim that they are dangerous. The filing asserts that the “lack of specific information about each individual actually highlights the risk they pose,” and “demonstrates that they are terrorists with regard to whom we lack a complete profile.”

Among the deported men without a clear criminal history was Jerce Reyes Barrios, a 35-year-old Venezuelan and former professional soccer player who sought asylum in the U.S. after suffering electrocution and suffocation following a protest against Venezuelan President Nicolás Maduro’s oppressive policies. Reyes Barrios’ lawyer claimed in a court document that border officials incorrectly identified him as a gang member by misinterpreting his tattoo and a hand gesture in a photograph.

Aaron Reichlin-Melnick, a senior fellow at the American Immigration Council, stated, “The Trump administration is willing to toss aside due process for splashy deportation theater,” adding, “This is something that should make every American afraid.”

Some of Trump’s most vocal supporters seemed unfazed by the fact that some of those caught up in the deportations and imprisoned in El Salvador had no criminal record. Steve Bannon said on his show War Room on Monday, “Guess what, if there are some innocent gardeners in there, hey, tough break for a swell guy,” continuing, “That’s where we stand. We’re getting these criminals out of the United States.”

Stephen Miller told reporters at the White House on Wednesday that the Trump Administration didn’t need to wait for a crime to be committed before deporting someone. “Our job is to send the terrorists out before anyone else gets raped or murdered,” Miller stated. He avoided answering a follow-up question about whether the administration would provide further evidence that all those deported were part of Tren de Aragua.

Reyes Barrios initially interacted with Biden administration officials when he fled to the U.S. in September. After arriving in Mexico, he used the CBP One app to schedule an appointment to present himself to CBP officials at the border. He was initially placed in a “maximum security” section of the detention facility at Otay Mesa Detention Facility in California and accused of being a Tren de Aragua gang member.

His attorney, Linette Tobin, stated in a sworn declaration that border officials made this determination based on a tattoo of a crown atop a soccer ball, which was based on the logo for his favorite soccer team, Real Madrid, and a social media photo of him making a hand gesture that has various non-gang-related meanings. With the help of an immigration attorney, Reyes Barrios applied for asylum in December and was scheduled to appear before a judge at the Otay Mesa Immigration court on April 17. Reyes Barrios was moved out of the maximum security prison after his lawyer presented immigration officials with employment letters, a police clearance from Venezuela showing no criminal record, an explanation of the meaning of the hand gesture, and a declaration from the tattoo artist about the meaning of the image.

Reyes Barrios’ hopes of arguing his case in immigration court disappeared when the Trump administration took over. In early March, Reyes Barrios was transferred from Otay Mesa in California to Texas without his attorney being informed. On March 15, he was deported to El Salvador, which is 1,500 miles from his native Venezuela. Three days later, his immigration attorney was able to contact an ICE official who confirmed that his client was being held in a prison in another country.