This week, the Cato Institute published the most comprehensive review to date of how the roughly 240 Venezuelans expelled on March 15 came to the United States. We found that at least 50 reported that they arrived in the United States legally before being subject to arbitrary arrest, detention and rendition to El Salvador without due process.
Information about the men was not easy to obtain. The U.S. government has aggressively suppressed disclosures. It not only denied them any due process before their imprisonment, leaving no court records, but it has failed to detail any individual explanations either.
In fact, DHS has refused even to confirm who it has imprisoned there, leaving families to rely on incomplete leaks to the media to uncover the whereabouts of their loved ones. As for the men, they are being held incommunicado — with no ability to communicate with their attorneys, families or the outside world at all — so they can’t tell their stories.
We attempted to fill this void by compiling all known information about these men.
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Some of the CBP One applicants sent to El Salvador were initially detained at their interview, but two dozen were first granted parole, a legal designation that permitted them to enter, live and work legally in the United States — which they did until their arrest and imprisonment in El Salvador.
One of the now-imprisoned men entered as a tourist, and four men came through the U.S. refugee admissions program — where U.S. refugee officers believed they would face persecution abroad and officially approved them for resettlement. These refugees expected to receive a permanent legal status and a path to U.S. citizenship when they came here. Instead, they were handcuffed, detained and rendered to a foreign prison in March.
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The government has selectively released information about some men who it wants to discredit, noting whenever possible if they entered illegally, but it has not rebutted the claims made by the legal immigrants’ families and attorneys.
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For instance, Jerce Reyes Barrios — a former Venezuelan professional soccer player — came to the United States with advanced permission via a CBP One appointment (confirmation of which his attorney still has). In response, a DHS official said Reyes Barrios “was in the country illegally,” but this doesn’t explain DHS’s actions: he arrived legally with a CBP One appointment in accordance with all U.S. laws. It was DHS that made him technically be “in the country illegally” by arresting him based on his tattoos and denying him entry.
DHS also disappeared Ricardo Jesus Prada Vasquez and then lied to the family about his whereabouts for weeks, only admitting to his rendition after The New York Times reported on the case. In his case, DHS said that he had “entered the United States illegally … via the CBP One App.” But it was legal to enter via the CBP One app, so he didn’t enter illegally.
DHS claims that these legal immigrants are all members of a Venezuelan gang known as Tren de Aragua (TdA). But in nearly all the men’s cases, DHS was not able to identify any crimes committed, and background checks run by Bloomberg, The New York Times and CBS News have found that the vast majority have no criminal record in the United States or abroad.///
DHS’ gang identification is based on little more than their tattoos. According to court documents, DHS is using a checklist to deem people “gang members” based primarily on common tattoos, clothing and other imprecise signs …
DHS is arresting, detaining and expelling legal immigrants: student visa holders, tourists, refugees, parolees and even legal permanent residents who have no criminal records. In this case, it went further: to imprison them.
