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ACLU claims DHS uses point system to determine gang ties for deportation

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  • The American Civil Liberties Union filed a court document revealing a point system the Trump administration allegedly uses to determine gang affiliations. It claims that the Department of Homeland Security utilizes the point system as a criterion for deportation.
  • The DHS reportedly considers tattoos, apparel, and electronic communications with a known Tren de Aragua gang member as determining factors.
  • The ACLU hopes to prevent the Trump administration from using the Alien Enemies Act to deport undocumented immigrants.

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The American Civil Liberties Union (ACLU) submitted a court document claiming to reveal a point system that the Trump administration allegedly uses to determine whether an individual has affiliations with gangs. The Department of Homeland Security (DHS) reportedly uses the point system as a criterion for deportation.

The ACLU is looking to keep the administration from using the Alien Enemies Act to deport undocumented immigrants. Therefore, it sought a court injunction.

The DHS uses the document titled “Alien Enemy Validation Guide” to identify members of the violent Venezuelan gang Tren de Aragua, according to an ABC News report.

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How does the point system supposedly work?

The department reportedly organizes its criteria into six categories: The checklist includes criminal behavior and details, self-admissions, judicial outcomes and relevant official documents. It assigns points to various types of evidence to provide migrants with a score.

One category contains a section about tattoos, signifying membership or loyalty to Tren de Aragua. It also includes a category for social media posts by individuals showing symbols of the gang. DHS reportedly values tattoos at four points, while communicating electronically with a known gang member earns six points.

To be classified as a member of Tren de Aragua, the subject must score eight or more points. ICE may still classify individuals who score six or seven as gang members if the investigating officer consults with a supervisor and legal advisor and reviews the complete set of facts.

What else did the civil rights group claim it found?

The ACLU said it found contradictory information used by the DHS to identify gang members. This includes having a clock or rose tattoo. Wearing apparel from U.S. professional sports teams that feature Venezuelan nationals and donning high-end urban streetwear also allegedly indicate gang affiliation.

A different document indicated wearing Chicago Bulls attire and having a clock or rose tattoos are related to Venezuelan culture and no signs of being members or associates of Tren de Aragua.

The ACLU submitted a document titled “Notice and Warrant of Apprehension and Removal under the Alien Enemies Act.” It stated that the federal government may require each Tren de Aragua accused member to sign a document waiving their right to an appeal or hearing.

The DHS has not yet responded to the accusations.

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[CRAIG NIGRELLI]

THE AMERICAN CIVIL LIBERTIES UNION SUBMITTED A COURT DOCUMENT CLAIMING TO SHOW A POINT SYSTEM, THAT THE TRUMP ADMINISTRATION IS USING, TO DETERMINE IF A PERSON IS IN A GANG OR HAS GANG TIES. THE POINT SYSTEM IS REPORTEDLY USED TO DETERMINE IF A PERSON IS ELIGIBLE FOR DEPORTATION.
THE ACLU IS TRYING TO KEEP THE ADMINISTRATION FROM USING THE ALIEN ENEMIES ACT FROM DEPORTING UNDOCUMENTED IMMIGRANTS. IT IS SEEKING A COURT INJUNCTION.
ABC NEWS REPORTS THE DOCUMENT… ENTITLED “ALIEN ENEMY VALIDATION GUIDE”… IS USED TO IDENTIFY MEMBERS OF THE VIOLENT VENEZUELAN GANG, TREN de ARAGUA.
THE REPORT INDICATES THE CHECKLIST IS DIVIDED INTO SIX CATEGORIES, INCLUDING CRIMINAL CONDUCT AND INFORMATION, SELF ADMISSION AND JUDICIAL OUTCOMES AS WELL AS OFFICIAL DOCUMENTS. IT ASSIGNS POINTS TO DIFFERENT TYPES OF EVIDENCE IN ORDER TO GIVE THE MIGRANTS A SCORE.
ONE CATEGORY INCLUDES A SECTION ABOUT TATTOOS DENOTING MEMBERSHIP OR LOYALTY TO TdA AND SOCIAL MEDIA POSTS, BY THE PERSON DISPLAYING SYMBOLS OF TdA. TATTOOS ARE SUPPOSEDLY WORTH FOUR POINTS.
COMMUNICATING ELECTRONICALLY, WITH A KNOWN GANG MEMBER, IS WORTH SIX POINTS.
A SUBJECT, WHO SCORES EIGHT POINTS AND HIGHER IS DEEMED VALIDATED AS A MEMBER OF TREN de ARAGUA. PEOPLE WHO SCORE SIX OR SEVEN MAY STILL BE CONSIDERED A GANG MEMBER IF THE INVESTIGATING ICE OFFICER CONSULTS WITH A SUPERVISOR AND LEGAL ADVISOR AND REVIEWS THE TOTALITY OF THE FACTS.
THE ACLU SAYS IT FOUND CONTRADICTORY INFORMATION USED BY HOMELAND SECURITY TO IDENTIFY GANG MEMBERS INCLUDING HAVING CLOCK OR ROSE TATTOOS, WEARING SPORTS ATTIRE FROM U.S. PROFESSIONAL SPORTS TEAMS THAT HAVE VENEZUELAN NATIONALS ON THEM AND DRESSING IN HIGH-END URBAN STREET WEAR.
BUT IT SAYS A DIFFERENT DOCUMENT SHOWED WEARING CHICAGO BULLS ATTIRE AND HAVING CLOCK OR ROSE TATTOOS ARE RELATED TO THE VENEZUELAN CULTURE AND NOT INDICATORS OF BEING MEMBERS OR ASSOCIATES OF TREN de ARAGUA.
ABC NEWS REPORTS THE ACLU SUBMITTED A DOCUMENT CALLED – NOTICE AND WARRANT OF APPREHENSION AND REMOVAL UNDER THE ALIEN ENEMIES ACT – CLAIMING THE FEDERAL GOVERNMENT MAY REQUIRE EACH ACCUSED MEMBER OF TREN de ARAGUA TO SIGN IT, SAYING THEY ARE NOT ENTITLED TO AN APPEAL OR HEARING. BUT THE ORGANIZATION’S FIVE CLIENTS HAVE NOT RECEIVED IT.
THE NETWORK SAYS IT HAS NOW CONTACTED HOMELAND SECURITY FOR A RESPONSE.
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