Federal agents are using a “points system” to determine whether migrants are members of the Venezuelan gang Tren de Aragua (TdA), according to new court filings.
In fighting deportation flights under the 1798 Alien Enemies Act (AEA), the American Civil Liberties Union (ACLU) submitted examples of forms being used to confirm gang affiliation as grounds for expedited removal from the U.S.
One form advises agents: “aliens scoring 8 points and higher are validated as members of TDA; you should proceed with issuing Form AEA-21B, titled, ‘Notice and Warrant of Apprehension and Removal under the Alien Enemies Act.'”
Newsweek reached out to the U.S. Department of Homeland Security (DHS) and the Department of Justice (DOJ) for comment via email and contact form Monday morning.
Why It Matters
The latest filings come in J.G.G. v Trump, a case that has seen a U.S. District Court judge block the Trump administration from using the Alien Enemies Act to speedily remove illegal immigrants without a hearing. The government has claimed that revealing more details on the flights whatdid take off on March 15 would pose risks to national security and invoked States Secrets Privilege.
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What to Know About the Points System
Among the filings from the ACLU submitted Friday was “Exhibit S”, which included a form entitled “Alien Enemies Act: Alien Enemy Validation Guide”, which is allegedly being used by federal agents to determine whether an immigrant is a TdA member.
Agents must determine whether an individual is over 14 years of age, is not a U.S. citizen or lawful permanent resident, and is a citizen of Venezuela. If any of these are not true, an immigrant cannot be deported under the AEA.
The form then includes a scorecard of different characteristics, including confirmed criminal activity related to the gang, messages showing evidence of links to the group, and whether they have tattoos which known members also have.
Each is given a score out of 10, with an individual self-identifying as a TdA member, being convicted of a crime directly related to the group, and phone calls with known members getting that highest mark.
If a migrant scores eight points or more, across multiple categories, then they could be determined to be part of TdA, but if scored are only found in the Symbolism or Assocation categories, then a supervisor must be consulted.
The exhibit also includes notices to be send to law enforcement officers explaining who should be picked up, and the immigrant themselves, detailing why they are being detained and removed from the U.S.
Tattoos Used to Identify Gang Members
The ACLU also pointed out the tattoos being used by agents to determine gang membership, seeking to point out that the body art does not necessarily mean a person is part of a group now deemed a Foreign Terrorist Organization (FTO) by the Trump administration.
DHS and its agents within ICE have used tattoos as a key indicator of gang membership, but the characteristic only gets a 4 out of ten on the form above.
Using the symbols — including stars, clocks and crowns — has become a key issue in the court case, with some Venezuelans removed to a high-security prison in El Salvador bearing tattoos that they claim are not TdA-related.
In one such case, gay makeup artist Andry Jose Hernandez Romero told agents that he was not a member of any gang, before they looked at the crowns on each of his arms and said this likely proved he was a TdA member, according to the ACLU. The crowns have “Mom” and “Dad” written in English under them, per new filings from his attorney.
Other identifiers, per DHS resources for agents submitted by the ACLU, include individuals wearing “high-end urban streetwear” or attire from American sports teams with Venezuelan team members.
Deportations and Court Battle Continue
On Monday, Secretary of State Marco Rubio said more illegal immigrants believed to be members of TdA and another gang, MS-13, had been transported to El Salvador, as part of President Donald Trump‘s mass deportation efforts.
It was not immediately clear if those individuals were removed under the AEA, which is being challenged in J.G.G. v Trump. In this case, Judge Boasberg extended the restraining order through April 12. An appeals court upheld the order, on the grounds that immigrants had not been given due process.
What People Are Saying
ACLU attorney Lee Gelernt told Newsweek in a statement: “We have serious doubts, based on information from experts, that tattoos are a reliable means of identifying alleged TdA members. And whatever methods the government is using, there must be an opportunity for the individual to contest the evidence.
“As a threshold matter, the Alien Enemies Act cannot be used during peacetime against a gang. It is a wartime statute. If the government believes these individuals are in the country illegally, they can seek to deport them under the immigration laws.”
White House Press Secretary Karoline Leavitt, when asked about the points system Monday morning outside the White House: “Have you talked to the agents who have been putting their lives on the line to detain these foreign terrorists who have been terrorizing our communities? …There is a litany of criteria that they use to ensure that these individuals qualify as foreign terrorists and to ensure that they qualify for deportation.”
Secretary of State Marco Rubio, in a post on X Monday morning: “Last night, in a successful counter-terrorism operation with our allies in El Salvador, the United States military transferred a group of 17 violent criminals from the Tren de Aragua and MS-13 organizations, including murderers and rapists.
“In order to keep the American people safe, [President Donald Trump] designated the Tren de Aragua and MS-13 as Foreign Terrorist Organizations. These criminals will no longer terrorize our communities and citizens.
“Once again, we extend our gratitude to Nayib Bukele and the government of El Salvador for their unparalleled partnership in making our countries safe against transnational crime and terrorism.”
Judge Boasberg, in his order extending the restraining order Friday: “As this Court recently explained, Plaintiffs are entitled to a [temporary restraining order] enjoining their removal at least until they have had a chance to challenge that they are covered by the Proclamation,” referring to the president invoking the AEA.
What’s Next
A hearing is set to take place April 3, but ICE can still detain suspected TdA members and seek to deport them through other means.