The Trump administration is using a point system to determine which Venezuelans should be deported as suspected members of the feared gang Tren de Aragua, according to federal court documents.
The document, consulted by the Nuevo Herald, indicates that the system should be used to make deportation decisions under the Foreign Enemies Act of 1798 against Venezuelans over the age of 14 who are neither U.S. citizens nor permanent residents.
The process, which the administration refers to as a "validation guide," establishes that suspected gang members who score eight points or more on a scale that goes up to 81 can be deported under the law.
The American Civil Liberties Union (ACLU) Immigrants' Rights Project submitted a copy of the document, the "Foreign Enemies Act Validation Guide," as evidence in a federal lawsuit in Washington, D.C.
According to this guide, the points system works as follows.
How the points system works:
The Foreign Enemies Act Validation Guide is divided into five categories to validate whether someone is a gang member, abbreviated as TDA, using the scoring system:
Judicial results and official documents (15 points): This category includes convictions in which the individual has been involved in criminal activities that supported the gang's objectives.
Self-admission (10 points): If the person identifies verbally or in writing as a member or associate of TDA before the authorities.
Criminal conduct and information (17 points): Includes participation in criminal activities with TDA members, law or intelligence reports, testimonies from victims or informants, and media reports.
Documents and communications (25 points): Includes communications with known members of TDA, financial transactions related to criminal activities, and possession of documents suggesting membership or loyalty to TDA.
Symbolism (14 points): Visible symbols of affiliation with TDA are included, such as tattoos, social media posts, graffiti, hand signals, or clothing with TDA insignias observed by law enforcement.
Some of the clothing and symbols associated with the gang include Chicago Bulls basketball jerseys, especially the one worn by Michael Jordan with the number “23,” and the Jordan “Jump Man” athletic shoes.
However, several Venezuelan families have reported that their relatives were identified as members of Tren de Aragua solely based on their tattoos, without any other evidence.
A Venezuelan who had been granted refugee status in the U.S. was deported to El Salvador despite their approved protection.
Another Venezuelan without tattoos and with a pending asylum request also was sent to the mega-prison.
Gang experts have questioned the validity of the points system, arguing that gangs in Venezuela do not use tattoos for identification, unlike the Maras Salvatrucha in Central America.
The Trump administration has requested that the Supreme Court overturn a temporary restraining order that blocks deportations, arguing that it is a necessary measure for national security.
However, the lack of due process to challenge the designation as a "foreign enemy" continues to generate controversy.
Frequently Asked Questions about the Points System and Deportations of Gang Members in the U.S.
How does the points system used by the U.S. work to deport members of the Tren de Aragua?
The points system classifies suspects of being part of the Tren de Aragua based on five categories: judicial outcomes, self-admission, criminal behavior, documents and communications, and symbolism. Each category assigns a certain number of points that, if they total eight or more, may justify deportation under the Foreign Enemies Act.
Why is the "Validation Guide for the Foreign Enemies Act" controversial?
The guide is controversial because it permits the deportation of individuals based on eight points, even without conclusive evidence, and due to criticisms that Venezuelan gangs do not use tattoos as identification, which calls into question the validity of the point system. Additionally, there are concerns about the lack of due process for those being deported.
What are the legal implications of using the Foreign Enemies Act for deportations?
The use of the Foreign Enemies Act is concerning because it is an outdated piece of legislation that was last used during World War II, and its current application lacks a clear due process. This has led to lawsuits and criticism from civil rights organizations, which argue that basic rights of immigrants are being violated.
How has the international community reacted to Trump's deportation policies?
The international community has expressed concern over Trump's deportation policies, particularly regarding the designation of the Aragua Train as a foreign terrorist organization and the associated mass deportations. Some countries have supported measures against organized crime, while others, such as Venezuela, have labeled them as unfounded attacks.
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