(WASHINGTON) — An attorney representing a migrant sent to El Salvador under the Alien Enemies Act says her client was deported due to a soccer logo tattoo, according to court declarations submitted Wednesday night.
Linette Tobin is representing Jerce Reyes Barrios, a professional soccer player from Venezuela who protested the Maduro regime in February and March 2024 and was detained and tortured after one of the demonstrations.
Barrios came to the U.S.-Mexico border legally through the CBP One app in September 2024 but has been accused of being a Tren de Aragua, or TdA, member and was detained at a facility under maximum security, Tobin said.
The Biden administration expanded the use of the CBP One phone application to allow migrants to submit some background information and schedule appointments with immigration officials at ports of entry. Officials would then determine if the person could be allowed into the country, some in order to submit an asylum claim. President Donald Trump eliminated that feature during his first days in office.
The Department of Homeland Security has accused Barrios of having a gang-affiliated tattoo and claimed a photo of him showed him displaying gang signs.
The tattoo in question showed a crown sitting on top of a soccer ball with a rosary and the word “Dios” (God), according to Tobin. A declaration from the tattoo artist confirmed that Barrios chose it because it was similar to the Real Madrid soccer team logo, the attorney said. According to Tobin, those alleged gang signs were the hand symbol for rock and roll and “I love you” in sign language.
Tobin also said she submitted records from Venezuela that indicated Barrios had no criminal record in his home country and was employed as a professional soccer player and children’s soccer coach.
When asked about Barrios’ sworn declaration, the White House referred to a statement from DHS spokesperson Tricia McLaughlin.
“Jerce Reyes Barrios was not only in the United States illegally, but he has tattoos that are consistent with those indicating TdA gang membership,” she said in a statement. “His own social media indicates he is a member of the vicious TdA gang. That all said, DHS intelligence assessments go beyond a single tattoo and we are confident in our findings.”
When asked if the administration had additional evidence that Barrio was a member of the gang, an administration official told ABC News he had other tattoos that were TdA-affiliated.
After the attorney initially presented the information about the source of the tattoo and his lack of criminal record, Barrios was transferred out of maximum security after submitting this evidence and had a hearing set for April 17, according to his attorney.
Around March 10 or 11, Tobin said her client was transferred to Texas without notice and was promptly deported to El Salvador on March 15.
“Counsel and family have lost all contact with him and have no information” about his whereabouts, Tobin wrote in the court documents.
Barrios’ aunt, Ayari del Carmen Pedroza Guerrero, told ABC News she recognized her nephew in photos from the notorious CECOT prison in El Salvador, saying she recognized a distinctive scar on one of his hands.
“I wake up and I say, ‘My God he must be sleeping on a cold floor. How is he doing?’ You can imagine the thoughts I have,” she said.
Barrios’ family said that they haven’t told his young children that he’s imprisoned in El Salvador and facing at least a year of forced labor, but they shared a video they filmed of his daughter speaking about her dad.
“I love him so much…he always tells me fairy tales and we always go to soccer games together” she said in the video. “He loved me so much and always made me my breakfast of bread, eggs, and juice. I love you so much, dad.”
Trump announced on Saturday he had signed a proclamation declaring that the Tren de Aragua gang was “conducting irregular warfare” against the United States and therefore would deport its members under the Alien Enemies Act of 1798.
U.S. District Judge James Boasberg on Saturday blocked the Trump administration from deporting noncitizens under the Alien Enemies Act and ordered that they turn around two flights the administration said were deporting alleged migrant gang members to El Salvador.
After officials failed to turn the flights around, Judge Boasberg demanded they provide more information about the flights, under seal, but Justice Department attorneys refused, citing national security concerns. According to a court filing Wednesday morning, DOJ attorneys said they are considering invoking the state secrets privilege to deny the judge that information.
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