Vanishing Act: Venezuelan Migrants Disappear into Salvadoran Prison System Amidst Gang Allegations
The unsettling reality of a growing number of Venezuelan migrants disappearing within the U.S. immigration system, only to resurface in a notorious Salvadoran prison, is raising serious concerns about due process, human rights, and the potential for political manipulation. The case of Jefferson José Laya Freites, a 33-year-old Venezuelan asylum seeker, exemplifies this alarming trend.
Laya Freites was scheduled to appear in an Aurora, Colorado immigration court for a hearing concerning his asylum request and detention status. But when his name was called, he was nowhere to be found. An attorney representing an immigrant rights group informed Judge Joseph Imburgia that Laya Freites’ wife believed he had been transferred to Texas following a traffic stop near Denver, and subsequently deported to El Salvador, where he was being held in a prison known for its harsh conditions. The attorney, Monique Sherman, asserted that Laya Freites’ wife had even identified him in a video originating from the Salvadoran prison.
Judge Imburgia pressed federal prosecutor Tanga Bernal for clarification, but Bernal claimed Laya Freites had been released to "local authorities" without providing further details. When pressed, Bernal stated she needed to seek permission from her superiors to disclose additional information. Judge Imburgia expressed his frustration, stating, "I don’t know where he is, and he’s on the docket today. The government needs to show me something about where this individual is."
Laya Freites’ case is not an isolated incident. Across the United States, similar stories are emerging, with Venezuelan migrants vanishing from the immigration system and reappearing in the Salvadoran prison system. The Trump administration asserts that these deportations are justified because the individuals are members of the violent Venezuelan prison gang Tren de Aragua. However, evidence supporting this claim is scant, and families and advocates argue that officials are rounding up individuals based on their nationality, often misinterpreting tattoos and other personal identifiers as gang affiliation.
According to Laya Freites’ wife, her husband has no gang affiliation. They fled Venezuela 15 months prior, seeking asylum at the southern border and were subsequently released into the United States. On January 28th, Laya Freites and his cousin were stopped by federal agents while driving home from work. Despite having valid work authorizations and pending asylum hearings, both men were taken into ICE custody. After a month of detention in Aurora, they were transferred to Texas and informed their wives that they were being deported to Venezuela. However, Laya Freites’ son recognized his father in a social media video posted by Salvadoran officials, identifying a distinctive cut on his hand. Laya Freites’ wife insists her husband has no tattoos, calling the situation a "kidnapping" and a "great injustice."
Federal officials have consistently refused to provide evidence supporting their claims against the deportees, often citing unspecified national security concerns. They have also declined to release a list of those sent to El Salvador, where they face indefinite incarceration. President Trump has designated Tren de Aragua as a foreign terrorist organization, claiming its members are "invaders" who can be deported without hearings under the 1798 Alien Enemies Act.
However, investigations conducted by USA TODAY found that ICE, the FBI, and law enforcement agencies in states reporting Tren de Aragua activity had identified fewer than 135 gang members. The Trump administration claimed to have deported over 200 members to El Salvador in a single week. Law enforcement officials in Aurora and Denver confirmed they have identified a combined total of 18 Tren de Aragua members. When questioned about whether any of these members had been deported to El Salvador, they deferred to federal authorities.
CBS News obtained a government list containing the names of Venezuelan men sent to El Salvador by the Trump administration. Laya Freites’ name was on the list. Margaret Cargioli, an attorney with the Immigrant Defenders Law Center, characterized the situation as a "human rights injustice," stating that individuals have been "literally snatched and removed to a third country and placed into prison without having had a hearing or a trial."
The case of Franco José Caraballo, 26, further illustrates the concerning trend. Caraballo had consistently attended his court-ordered ICE check-ins and recently had his ankle monitor removed. He was detained by agents during a routine check-in at federal immigration offices in Dallas on February 9th. Despite having no criminal record, Caraballo was informed he was being deported. He called his wife in tears, assuming he was being sent to Venezuela. Instead, he was among the 238 deportees flown to a Salvadoran prison because of alleged ties to Tren de Aragua.
Caraballo, who also appears on the CBS list, crossed the U.S.-Mexico border in 2023 and sought asylum. His attorney, Martin Rosenow, expressed his shock, stating that Caraballo was complying with ICE requirements and did not have a criminal record. Authorities became interested in Caraballo’s tattoos, including a stopwatch showing the time his 4-year-old daughter was born, and a razor on his neck representing his profession as a barber.
Caraballo and his wife fled Venezuela after supporting political leaders opposed to President Nicolás Maduro. They passed their "credible fear" interviews, received immigration court instructions, and were released. Johanny, Caraballo’s wife, became homeless after his arrest and lived in their car for several weeks. The couple had hoped to win asylum and begin a new life in the U.S. Rosenow emphasized the principle of "innocent until proven guilty," arguing that it has been "completely violated" in this situation.
Tren de Aragua originated in the Venezuelan prison system and has become known for extortion, smuggling, and drug trafficking. While law enforcement officials in the U.S. have arrested members in connection with various crimes, a USA TODAY investigation found the gang’s presence in the U.S. to be relatively limited compared to other criminal organizations.
Immigration-rights activist Kate Wheatcroft, with the New York-based nonprofit Together & Free, stated that her staff has identified approximately 50 deportees sent to El Salvador, with 44 having no criminal record in either the U.S. or Venezuela. She expressed skepticism about the "gang narrative" and highlighted that many cases involve minor infractions, such as traffic tickets.
Even in federal court, administration officials have repeatedly refused to divulge basic facts, names, or other details that would ordinarily be disclosed publicly. Trump and other Republicans have criticized a judge who raised concerns about the process. Chief U.S. District Judge James Boasberg attempted to temporarily block deportation flights, but government attorneys defied his orders. Justice Department lawyer Abhishek Kambli cited national-security and foreign-affairs concerns when refusing to disclose information about the flights. In response to a request from Boasberg, Robert Cerna, an acting field office director for ICE, stated that two deportation flights took off before the judge’s order was posted, but refused to provide further details.
While the U.S. government withholds information, the Salvadoran government has released photos and videos of the deportees, shackled and having their hair sheared, with their faces clearly visible. Trump signed the Alien Enemies Act order last Friday, and it became effective when published on Saturday. Cerna stated that ICE is detaining approximately 54 alleged Tren de Aragua members, with another 172 known to ICE but not detained, and 32 in criminal custody.
Tom Homan, Trump’s border czar, claimed that investigations identified the deportees as Tren de Aragua members through law enforcement, social media, their activities, and criminal records. However, like other administration officials, Homan declined to offer any evidence.
Boasberg’s ruling to halt some flights came in the case of five Venezuelans who denied being TdA members and said they were transported to Texas without notice, prepared for deportation, and then removed from waiting planes and told they had "just won the lottery." Lawyers for the migrants stated they fled Venezuela due to political or sexual harassment and had no criminal records.
Tattoos have drawn the attention of immigration authorities in several cases. Solanyer Michell Sarabia Gonzalez stated that her brother, Anyelo Jose Sarabia, was deported after ICE agents noticed a tattoo of a rose with dollars for petals. Other tattoos included "fuerza y valiente" and "todo lo puedo en cristo que me fortalece." Jerce Reyes Barrios, a professional soccer player, was deported while awaiting a ruling on his asylum claim after ICE agents said his tattoos were proof of gang membership. Reyes Barrios had been tortured by government officials for protesting against the Maduro regime. U.S. officials accused him of being a gang member because he has tattoos of a crown atop a soccer ball, similar to the Real Madrid logo, and a rosary with the word "Dios." Reyes Barrios had never been arrested or charged with a crime.
