An attorney representing a migrant sent to El Salvador under the Alien Enemies Act says her client was deported due to a soccer logo tattoo, according to court declarations submitted Wednesday night.
Linette Tobin is representing Jerce Reyes Barrios, a professional soccer player from Venezuela who protested the Maduro regime in February and March 2024 and was detained and tortured after one of the demonstrations.
Barrios came to the U.S.-Mexico border legally through the CBP One app in September 2024 but has been accused of being a Tren de Aragua, or TdA, member and was detained at a facility under maximum security, Tobin said.
The Biden administration expanded the use of the CBP One phone application to allow migrants to submit some background information and schedule appointments with immigration officials at ports of entry. Officials would then determine if the person could be allowed into the country, some in order to submit an asylum claim. President Donald Trump eliminated that feature during his first days in office.
The Department of Homeland Security has accused Barrios of having a gang-affiliated tattoo and claimed a photo of him showed him displaying gang signs. ABC News has reached out to DHS.
The tattoo in question showed a crown sitting on top of a soccer ball with a rosary and the word “Dios” (God), according to Tobin. A declaration from the tattoo artist confirmed that Barrios chose it because it was similar to the Real Madrid soccer team logo, the attorney said. According to Tobin, those alleged gang signs were the hand symbol for rock and roll and “I love you” in sign language.
Tobin also said she submitted records from Venezuela that indicated Barrios had no criminal record in his home country and was employed as a professional soccer player and children’s soccer coach.