Venezuelan Soccer Player Deported to El Salvador Over Misinterpreted Tattoo, Attorney Claims
A Venezuelan soccer player, Jerce Reyes Barrios, who sought asylum in the United States, has been deported to El Salvador amidst accusations of gang affiliation based, according to his attorney, on a misinterpretation of a tattoo. Reyes Barrios, 36, was detained last September and subsequently deported on March 15, leaving his family and legal team unable to contact him and deeply concerned for his well-being.
His attorney, Linette Tobin, asserts that the Department of Homeland Security (DHS) has wrongly identified Reyes Barrios as a member of the notorious Tren de Aragua gang, primarily based on a tattoo that she claims is simply a tribute to his favorite soccer team, Real Madrid. The tattoo, as described by Tobin in a sworn statement, features a crown atop a soccer ball, accompanied by a rosary and the Spanish word "Dios," meaning God. She maintains that this design is intended to emulate the Real Madrid logo, a team that Reyes Barrios is a passionate supporter of.
This case highlights the complexities and potential pitfalls of relying on superficial indicators, such as tattoos and misinterpreted gestures, to determine gang affiliation, especially in the context of asylum claims and immigration enforcement. Reyes Barrios’ deportation raises serious questions about due process and the accuracy of the DHS’s assessment, particularly given the lack of transparency surrounding the evidence used to justify his deportation.
According to Tobin, Reyes Barrios is one of over 200 Venezuelan migrants who were swept up in deportations implemented under the Trump administration’s Alien Enemies Act. This initiative, enacted through a deal with El Salvador’s President Nayib Bukele, resulted in the detention of these migrants at a prison in El Salvador known for its harsh conditions. These deportations have faced legal challenges, with a federal judge engaging in a back-and-forth with the government. Despite these legal challenges, the government has consistently refused to publicly disclose any evidence linking the deported Venezuelans to the Tren de Aragua gang.
The lack of transparency surrounding the evidence against Reyes Barrios and the other deported Venezuelans further fuels concerns about the fairness and legality of these actions. Without access to the evidence used to justify the deportation, it is impossible to properly challenge the allegations and ensure that due process is being followed.
The circumstances surrounding Reyes Barrios’s asylum claim are particularly troubling. According to Tobin, he fled Venezuela last year after being detained and allegedly tortured in a clandestine building for publicly protesting against President Nicolás Maduro. He then traveled to Mexico, where he registered with the CBP One app, a tool introduced under the Biden administration to facilitate the scheduling of asylum hearings and entry requests at the border. Ironically, this app was created to replace policies that Trump had enacted to block asylum seekers. Upon presenting himself as scheduled, Reyes Barrios was taken into custody, beginning the series of events that ultimately led to his deportation.
The fact that Reyes Barrios followed the proper legal channels and presented himself for asylum only to be detained and subsequently deported raises serious questions about the integrity of the asylum process and the government’s commitment to upholding its obligations under international law.
While DHS spokesperson Tricia McLauglin told the New York Post that officials are "confident" in their determination of Reyes Barrios’ gang affiliation and that their assessment was based on more than just the one tattoo, the details of that additional evidence remain undisclosed. McLauglin stated that his tattoos are "consistent with membership in Tren de Aragua," further emphasizing the reliance on tattoos as a primary indicator of gang affiliation.
Tobin disputes this claim, stating that Reyes Barrios has no criminal record and was a professional soccer player and coach for children in Venezuela. She argues that his background and history are inconsistent with membership in a violent gang.
Adding to the controversy, Tobin also addressed a social media post that DHS cited as evidence of gang affiliation. She explained that DHS agents found a photo of Reyes Barrios making a hand gesture that they allege is proof of gang membership. However, Tobin clarified that the gesture, made with the thumb, index finger, and pinkie extended, is a common sign language symbol for "I Love You" and is frequently used as a rock and roll symbol. The misinterpretation of this gesture further highlights the potential for errors and biases in the assessment of gang affiliation.
After Tobin presented information to officials, including proof of Reyes Barrios’s lack of criminal record, employment letters, and a declaration from the tattoo artist, he was removed from maximum security. However, earlier this month, he was transferred from San Diego to another facility in Texas "without notice," according to Tobin. This lack of transparency and the sudden transfer made it difficult for his attorney to communicate with him and prepare for his asylum hearing.
The deportation of Reyes Barrios to El Salvador leaves him in a precarious and potentially dangerous situation. El Salvador is known for its high levels of gang violence and its overcrowded and often brutal prison system. Given Reyes Barrios’ alleged history of political activism and the misinterpretation of his tattoo, his safety and well-being are a significant concern.
It remains unclear whether Reyes Barrios’s final asylum hearing, originally scheduled for April 17 in San Diego, will proceed. His deportation effectively nullifies his opportunity to present his case for asylum and puts him at risk of persecution in El Salvador, a country to which he has no connection.
This case underscores the need for greater scrutiny and transparency in the deportation process, particularly when asylum seekers are accused of gang affiliation based on potentially misinterpreted evidence. It also raises important questions about the role of tattoos and other cultural symbols in immigration enforcement and the potential for biases and misinterpretations to lead to unjust outcomes. The future of Jerce Reyes Barrios remains uncertain, his fate hanging in the balance as his attorney fights for justice and attempts to secure his safety.
