The United States government has deported hundreds of individuals suspected of being members of the Tren de Aragua gang to El Salvador. In a recent legal maneuver, the American Civil Liberties Union (ACLU) has filed a document they claim reveals how the Trump administration identifies and removes individuals under the Alien Enemies Act. The document, known as the “Alien Enemy Validation Guide,” is alleged to serve as a checklist used to identify members of the Venezuelan gang through a points-based assessment.
According to the filing, the ACLU seeks a preliminary injunction to prevent the administration from deporting migrants using this method. Oscar Sarabia Roman, an attorney with the ACLU, stated in a declaration that the organization believes this document is crucial in determining whether Venezuelan noncitizens are affiliated with the Tren de Aragua and thus subject to expedited removal under the Alien Enemies Act.
The checklist described by the ACLU is divided into six categories, such as “Criminal Conduct and Information,” “Self-Admission,” and “Judicial Outcomes and Official Documents.” Various types of evidence receive different point values, contributing to the overall score of each migrant. A score of eight points or more results in validation as a Tren de Aragua member, according to the document.
However, the document purportedly allows significant discretion for Immigration and Customs Enforcement (ICE) officers during the evaluation process. Officers may still classify migrants with scores of six or seven points as gang members after consulting with a supervisor and the Office of the Principal Legal Advisor, assessing the complete set of facts before making a final determination.
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Individuals scoring five points or fewer are not to be validated as members of the gang, yet officials are encouraged to pursue removal through other available means. Notably, electronic communication with a known Tren de Aragua member is valued at six points, which could suffice for an official to designate someone as a gang affiliate.
The Bottom Line
- Legal Challenges: The ACLU’s legal actions highlight concerns about the due process rights of migrants facing deportation under the Alien Enemies Act.
- Impact on Migrants: Venezuelan noncitizens in the U.S. may face increased scrutiny and the potential for deportation based on ambiguous criteria.
- Community Concerns: The deportation of alleged gang members could have mixed effects on community safety and social dynamics in affected neighborhoods.
- Policy Debate: This case may fuel broader discussions about immigration policies and the methods used to identify and deport noncitizens deemed threats.
- Governmental Authority: The document underscores the discretionary power ICE officers possess in immigration proceedings, raising questions about oversight and accountability.
- International Relations: The policy could strain relations with countries receiving deportees, prompting diplomatic discussions and cooperation considerations.
