By now, you may have seen the images: men dressed in matching prison whites, heads freshly shaved, marched into a detention center. The United States deported them earlier this month, under the Trump administration's controversial use of the Alien Enemies Act 1798, alleging they are part of the international criminal gang Tren de Aragua.
El Salvador's President Nayib Bukele agreed to hold the detainees at his country's Terrorism Confinement Center, or CECOT. The prison is used to detain Salvadoran gang members and has been scrutinized over alleged human and civil rights violations. The U.S. has agreed to pay El Salvador $6 million to imprison the recent deportees for a year.
Jerce Reyes Barrios, a 36-year-old professional soccer player and coach from Venezuela, was among the deportees. His attorney Linette Tobin told Morning Edition he followed all the rules when seeking asylum in the U.S. last year. According to her, after fleeing violence in Venezuela, Reyes Barrios scheduled an appointment, waited in Mexico for four months, and presented himself at the border as asked.
Despite having no criminal record in his home country, the father of two was detained in a maximum-security prison while awaiting his asylum hearing.
"DHS wants the public to believe these people are criminals and gang members. So if they have proof of that, why wouldn't they release it to the public?" she said.
His family learned he had been deported after seeing him in the photos of the men deported by the U.S. to El Salvador.
In February, the Trump administration made similar claims that the first group of Venezuelan migrants it sent to the military base at Guantanamo Bay, Cuba, were members of Tren de Aragua. It later acknowledged in court filings that many of the people sent there were low-threat individuals, despite the administration's claim that it was sending the "worst of the worst" there.
The Department of Homeland Security has not yet responded to NPR's request for comment on Reyes Barrios' case.
The following has been lightly edited for length and clarity.
On the evidence DHS has presented
Linette Tobin: I've seen their evidence. It is limited to this tattoo he has on his arm of a soccer ball with a crown on top. DHS says a crown tattoo is proof of gang membership. And the second thing is this hand gesture that he made in a couple of Facebook posts from over 10 years ago that again, DHS says is proof of gang membership, but it's also a very common sign that's commonly known as the Rock and Roll hand signal, or it's sign language for "I love you."
On why the tattoo is related only to soccer
Tobin: First of all, from his own testimony to me. Also, we have contacted the tattoo artist who confirmed that he is the one who gave this tattoo, and he's confirmed what it represented, which is a basic replication or a tribute to the logo of his favorite soccer team, Real Madrid, from Spain. We have also submitted a record from Venezuela showing that he has no criminal record.
On what she makes of the Assistant Secretary Dept. of Homeland Security statement that "DHS intelligence assessments go well beyond just gang-affiliated tattoos. This man's own social media indicates he is a member of Tren de Aragua."
Tobin: Not true. I have the document, a printout showing that he had a CBP One appointment, and that's when he was detained. And I've seen the evidence, and all it is is the tattoo and the hand gesture.
On whether his case changed under a new administration
Tobin: I've been practicing immigration law for 28 years. I've never seen anything like this. It's uncharted territory. I expect he would have remained detained until he had his hearing and the judge made a decision. And if the decision was negative, then he would have been deported—not to El Salvador but to Venezuela. And if he had been granted asylum, eventually, he would have been allowed to leave prison and start a life in the U.S. Nothing changed about the facts or even the procedure of his case. The only thing that changed is the president.
On whether it's normal for DHS to focus on a tattoo and social media posts
Tobin: I wouldn't say it's unusual. They are definitely combing social media posts and other information to vet people to make sure they're not criminals. And don't get me wrong. I'm fine with that. If someone has a criminal record, they should be imprisoned. But my client doesn't have that. The reason we have courts and judges in this country is so they can look at the evidence and make a fair, independent determination. Instead, DHS is making snap judgments with life-threatening consequences for these people, based on flimsy evidence that a judge has not been able to review or make a determination or an adjudication.
Obed Manuel and Kristian Monroe edited the digital version of this interview. Adrian Florido contributed.
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