The case of the former Venezuelan footballer Jerce Reyes Barrios stands out among the mass deportations that President Donald Trump ordered from the United States to El Salvador. The former player was deported for having a Real Madrid tattoo, as authorities associate the image as a sign that he is a member of the criminal gang Tren de Aragua, without having any other evidence.
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Reyes Barrios has no criminal record, nor is there any legal basis for him to be identified as a member of any criminal gang. However, Tricia McLauglin, spokesperson for the Department of Homeland Security (DHS), stated that he was “in the United States illegally and his tattoos indicated his affiliation with the Tren de Aragua.”
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The case adds to those of other Venezuelans who were deported to El Salvador for having tattoos, without having criminal records, and without evidence of any crime, but for being in the United States illegally.
The situation sparked a great controversy among lawyers and human rights defenders, as they were not only deported but also sent to the maximum security prison of the Central American country, as if they were dangerous criminals.
There are those who do not rule out the possibility that there are criminals in the group deported to El Salvador, but they also affirm that many others were treated as criminals without having criminal records, just like what happened with Jerce Reyes Barrios, incriminated solely for having a Real Madrid tattoo and others that would link him to the Tren de Aragua.
Many wonder: Is it a crime to have a tattoo? Lawyers explain that it is not, and that only the evidence is decisive when making an accusation.
Jerce Reyes Barrios and arguments in his defense
Jerce Reyes Barrios’ family members and lawyer defend him as a healthy and hardworking man. On his Instagram account, the player is shown with two girls who appear to be his daughters.
His defender Linete Tobin detailed that "DHS did not present conclusive evidence. The accusation was based on unfounded assumptions." In addition to this, it is worth noting that, like others, the former Venezuelan soccer player was not given due process, but was immediately sent to the prison in El Salvador.
In order to expel foreigners without legal process, the government of Donald Trump relied on the Alien Enemies Act of 1798, which grants special powers so that detainees cannot appeal and receive a quick expulsion. However, legal experts agree that this legislation only applies when at war with the countries of origin of the expelled individuals, which is not the case at present.
“Immigrants deserve a fair trial before being deported,” Tobin stated.
Another aggravating factor in the case of Jerce Reyes Barrios is that he was not allowed to communicate with his loved ones, something that also happened to other immigrants deported to El Salvador.
Amid the controversy over the deportation of immigrants to El Salvador, Marco Rubio, Secretary of State of the United States, has responded that if it is proven that they are not criminals, they were still in the country illegally and therefore had to be deported.