NEW: @ACLU obtained ICE's "Alien Enemies Act Validation Guide," confirming all it takes to be sent to rot in prison in El Salvador is 1) having a tattoo an ICE officer says is a "gang tattoo" and 2) displaying "logos," "symbols," or clothes an ICE officer says are gang signs. 
In order for ICE to declare someone an "Alien Enemy," ICE must first determine they are a Venezuelan over age 14, and then second find 8 points on a scoring guide they made up.
It's 4 points for having alleged gang tattoos and 4 points for displaying gang "logos" or "symbols."
It's 4 points for having alleged gang tattoos and 4 points for displaying gang "logos" or "symbols."
This checklist is shocking. A person can be declared an "Alien Enemy" based ONLY on communications with someone ICE says is a member, and nothing more.
6 points for texting a "known member of TDA" + 3 points for Venmoing or CashApping a "known member" = 9 points = TDA member.
6 points for texting a "known member of TDA" + 3 points for Venmoing or CashApping a "known member" = 9 points = TDA member.
One thing on this checklist even violates the AEA proclamation itself -- which applies ONLY to "members" of the gang.
By assigning 10 points to this category, a person who admits to being an "associate" (not the same as a member!) is automatically deemed a member anyway.
By assigning 10 points to this category, a person who admits to being an "associate" (not the same as a member!) is automatically deemed a member anyway.
By far the most terrifying part of this checklist is the "Association" and "Symbolism" section.
Many experts say TdA does NOT use tattoos or gang signs like some other groups. And some of the tattoos ICE claims are "TDA tattoos" are things many innocent people have, like roses.
Many experts say TdA does NOT use tattoos or gang signs like some other groups. And some of the tattoos ICE claims are "TDA tattoos" are things many innocent people have, like roses.
Imagine a guy's roommate is someone ICE says is a TDA member.
- 2 points for "residing" with him
- 2 points for "closely associating" with him
- 2 points for being in a "group photo"
- 2 points for "social media posts" with him.
= 8 points = sent to prison in El Salvador.
- 2 points for "residing" with him
- 2 points for "closely associating" with him
- 2 points for being in a "group photo"
- 2 points for "social media posts" with him.
= 8 points = sent to prison in El Salvador.
With this checklist, ICE can declare any Venezuelan an "Alien Enemy" without ANY concrete evidence -- based solely on an ICE officer's interpretation of tattoos and hand signs, or the bad luck of having a roommate ICE thinks is TDA.
This is why due process matters!
This is why due process matters!
One final thing to flag: a person doesn't even need to hit 8 points to be declared a TDA member! The form itself says once a person hits 6 or higher points, a supervisor can sign off and declare the person a TDA member.
So JUST texting someone ICE says is TDA could be enough.
So JUST texting someone ICE says is TDA could be enough.
The full document is available here: storage.courtlistener.com/recap/gov.usco…
Adding some more context here: The huge problem with a lot of these is the subjectivity. The document listed above includes an ICE list of what some Tren de Aragua "identifiers" may be.
So wearing a Michael Jordan jersey can get you halfway to being deemed a TDA member!
So wearing a Michael Jordan jersey can get you halfway to being deemed a TDA member!
Adding more here on the TdA "gang tattoos" concept.
It turns out that ICE's own internal guidance on what a "TdA tattoo" looks like actually stole random pictures of tattoos off the internet which had nothing to do with Tren de Aragua in the first place.
It turns out that ICE's own internal guidance on what a "TdA tattoo" looks like actually stole random pictures of tattoos off the internet which had nothing to do with Tren de Aragua in the first place.
https://x.com/ReichlinMelnick/status/1906442839652721009
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