The Trump administration invoked the wartime Alien Enemies Act over the weekend, allowing for the swift deportation of 300 Venezuelan migrants it accused of being gang members to a mega-prison in El Salvador. Now, the administration is admitting that "many" of the deportees were actually hold no criminal record in the U.S., but is defending its decision to deport them anyway.
The administration conceded the fact in federal court documents, but doubled down on the decision to deport them claiming that crossing the border unlawfully is enough reason, according to a new report from the Miami Herald.
"The lack of criminal records does not indicate they pose a limited threat. In fact, based upon their association with Tren de Aragua, the lack of specific information about each specific individual actually highlights the risk they pose," said Robert Cerna, a top Immigration and Customs Enforcement official, in a sworn statement filed Monday night to a U.S. District Court in Washington, D.C.
Cerna added that the lack of information the government has on the deported Venezuelans "demonstrates that they are terrorists with regard to whom we lack a complete file." However, neither Cerna nor the federal government has publicly released any evidence regarding the criminal and personal history of the deportees.
The official went on to say that ICE "carefully vetted" the individuals through court records, surveillance, law enforcement encounters, interviews, victim testimonies, criminal evidence members, financial transactions, computer checks, and confessions of membership.
Cerna also said the agency relied on social media, photos of gang gestures and tattoos to link people to the gang. U.S. authorities have linked some tattoos to Tren de Aragua, but experts say the group does not have any specific tattoos tied to affiliation.
The deportations have been highly controversial, setting up a judicial showdown with judge James Boasberg, who gave a verbal order to block the deportations on Saturday but saw the administration proceed anyway. The standoff continues, with Boasberg seeking more information from the administration and Republicans slamming him for going against its wishes. A Republican Rep. has even introduced articles of impeachment against Boasberg.
Cerna's statement has also been called into question, as lawmakers, lawyers and the deportees' family members argue for the innocence of many of the detained.
The families of three men who appear to have been departed told the Miami Herald that their relatives had no gang affiliation— and two said their relatives had never been charged with a crime in the U.S. or elsewhere. One has been previously accused by the U.S. government of ties to Tren de Argua, but his family denies any connection.
"He shouldn't be imprisoned in El Salvador, let alone in a dangerous prison like the one where the Mara Salvatruchas are held," said the sister of Mervin Jose Yamarte Hernandez, one of the Venezuelan prisoners, referring to the international criminal organization with roots in El Salvador. "There are many innocent people behind bars. And today, my brother is one of them."
"We came to this country to work and do things right," she said. "It's painful that they blame my brother, and they portray him as a member of the Tren de Aragua. I don't accept the bad reputation created around my brother," she continued.
Similarly, President, CEO and Co-Founder of Immigration Defenders Law Center (ImmDef) Lindsay Toczylowski, announced on social media that one of the firm's client had been wrongfully detained by ICE under the Act, alleging his tattoos were gang related.
"Our client worked in the arts in Venezuela. He is LGBTQ. His tattoos are benign. But ICE submitted photos of his tattoos as evidence he is Tren de Aragua," Toczylowski wrote, in reference to the gang which the Trump administration is seeking to crack down on. "His @ImmDef attorney planned to present evidence he is not. But never got the chance because our client has been disappeared."
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