The Trump administration is reviving a centuries-old law and applying a point system to identify and deport Venezuelans it suspects of being linked to the feared Tren de Aragua (TDA) gang, sparking criticism over profiling and flawed criteria.
According to court documents filed by the ACLU, federal immigration officials are now using the Alien Enemies Act of 1798 to remove non-citizen Venezuelans over age 14. The process hinges on a controversial “validation guide,” which scores individuals on a scale of up to 81 points to determine gang affiliation. Anyone who scores eight points or higher can be deported.
The guide evaluates five categories: criminal records, self-admission, gang-related behavior, communications, and gang symbols; including tattoos and clothing. While ICE agents have discretion in cases scoring under eight points, removals can still proceed through other immigration laws if approved by supervisors.
Here’s how the point system works:
• Criminal Conduct & Records (up to 17 points): Includes arrests or intelligence suggesting gang involvement, or financial crimes tied to organized activity.
• Self-Admission (10 points): Any verbal or written admission of gang ties, even if made unknowingly or intercepted through communications.
• Documents & Communications (25 points): Texts, calls, emails, or transactions with known TDA members, or possession of documents showing affiliation.
• Judicial Outcomes (15 points): Convictions or legal documents naming the person as a gang member.
• Symbolism (14 points): Tattoos, hand signs, graffiti, or even social media posts can add points.
The “symbolism” category is raising the most concern. It includes things like tattoos of stars, AK-47s, clocks, or the “Jumpman” logo; popularized by Michael Jordan. Even wearing a Bulls jersey or Jordan sneakers may raise red flags under the guide.
Several Venezuelan families told the Miami Herald their loved ones were deported based solely on visible tattoos; without any proof of criminal activity or documented gang ties. One man, who had been granted refugee status after a 17-month background check, was removed anyway. Another was deported despite having no tattoos and a pending asylum claim.
The Trump administration is now asking the U.S. Supreme Court to lift that block and allow deportations to continue.
As legal challenges move forward, immigration advocates warn the use of a vague point system tied to clothing and body art could be setting a dangerous precedent for profiling, and punishing people based more on image than evidence.
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