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    Politics have changed but the Democrats haven’t – they are old and out of touch | Moira Donegan

    Is this the way the Democratic party ends – not with a bang, but with a whimper? Last week, the party’s Senate caucus seemed poised to do something that they had never done before: block the Trump administration’s proposed continuing resolution, and shut down the government. It would have been a largely symbolic move, one that signaled opposition to the Trump administration’s usurpation of Congress’s spending authority and a willingness to play procedural hardball in order to slow Elon Musk’s radical anti-government agenda. It would have signaled, too, a party willing to take itself seriously as the opposition to a president with authoritarian ambitions.Government shutdowns are unpopular, but so, right now, is the Democratic party: several senators from swing states seemed ready to stick their necks out, ready to bet that it would be better to be seen doing something – anything – to oppose the Trump agenda than to roll over yet again. And for a few days, at least, it looked like Chuck Schumer, the minority leader, would back them up.Then he didn’t. Schumer abruptly reversed course on the continuing resolution, vowing to both allow the government funding bill to come to the Senate floor and to vote for it himself. The bill passed.For many, the moment was emblematic of the Democratic leadership’s singular unwillingness to oppose Donald Trump, and their bizarre belief that the Republican party – that cabal of increasingly fascist politicians that has spent the past decade calling their opposition pedophiles, attacking the rule of law and eroding democratic self-government – can be reasoned with, cajoled and brought back to their senses. Weak, ineffectual, unburdened by conscience or principle, unwilling to take their own side in an argument, and preferring to lose with dignity than to win at the risk of offending anyone: in the budget fight, Schumer embodied all of his party’s worst impulses, the ones that have allowed Donald Trump to seize control of American politics and turn our constitutional order to dust.In many ways, Schumer is reading from a 30-year-old playbook, the one that brought Bill Clinton to power in 1992. Clinton, a moderate, tracked to the right, distanced himself from his party on social issues, prized compromise, and touted himself as tough on crime. This formula worked once, and Democratic party conventional wisdom has demanded that the party return to it, over and over again, in spite of changed circumstances and diminishing returns – like the pet dog who continues to lick a greasy spot on the sofa where she once found a piece of dropped cheese. Times have changed since 1992; the people who were infants that year that Clinton’s centrism swept to power are now not only adults, but adults with back pain. There was a moment in the 2024 campaign, after the selection of Tim Walz as Kamala Harris’s running mate, when it looked like the party might finally abandon this old strategy and take on a more aggressive and affirmative tactic; instead, Walz was muffled, and the party leaders are now mistaking the result of their rightward-tacking strategy as a product of the failure to adhere to it faithfully enough. Politics have changed, but the Democrats haven’t: they are old and out of touch, not just in their gerontocratic leadership, but in their worldview. In the New York Times last month, James Carville, a veteran of the 1992 Clinton campaign, advised his party to “roll over and play dead”. But if the Democrats really were dead, would anyone be able to tell the difference?But one Democrat seems to be showing some refreshing signs of life. Alexandria Ocasio-Cortez, the young, progressive Democrat from New York, had in recent years seemed eager to show her willingness to cooperate with Democratic leadership, acting as a key vote and public messenger on crucial issues. But her patience with her party seems to have run out. In a CNN interview, she called Schumer’s capitulation to Trump a “tremendous mistake” and a “huge slap in the face” to Democratic voters – and to a major federal workers’ union, which had endorsed a shutdown. “There is a huge sense of betrayal” among voters, she told journalists, at the mainstream Democrats’ unwillingness to fight.The mainstream of the Democratic party has long accused progressives – like Ocasio-Cortez and her mentor, Bernie Sanders – of a kind of moral vanity, a willingness to sacrifice effective governance or policy gains for the sake of personal purity. The shoe is now on the other foot: it is the mainstream Democratic leadership – Schumer and his allies – who now favor decorum over the public interest, personal dignity over principle, a vain hope for a return to the politics of the past over their responsibility to engage with the realities of the present. It is the centrist Democrats, not the progressives, who are living in a delusion, and who are selling out the country in order to maintain it.Schumer may have been a better man for the job in a different era. “Schumer once had a salty, outer-borough pique that did some work to counter Trump,” the writer Sam Adler-Bell wrote in New York Magazine, “but his mien today is weary and distracted.” Now, he seems tired, his red glasses slipping down his nose, his affect exhausted. No wonder he doesn’t want to fight Donald Trump – he doesn’t have much fight left in him at all. After her public break with Schumer, some speculated that Ocasio Cortez might challenge him in a primary for his Senate seat. She should. Schumer comes up for re-election in 2028, at which point he will be nearly 78 years old; Ocasio-Cortez will be 39. Would it even be a fair fight? More

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    The US is poised to use terror laws against students. This could be worse than McCarthyism | Thomas Anthony Durkin and Bernard Harcourt

    On Monday, the Department of Justice announced the launch of “Joint Task Force October 7 (JTF 10-7)”. In an accompanying press release, the DoJ said it would bring to justice Hamas leaders who murdered and kidnapped innocent civilians in the deadly attack on Israel of 7 October 2023. Few would quarrel with this ambition. In the same breath, however, the press release claimed that the taskforce would also “investigate acts of terrorism and civil rights violations by individuals and entities providing support and financing to Hamas, related Iran proxies, and their affiliates, as well as acts of antisemitism by these groups”.In plain English, this means the student protesters. It could also include universities and colleges that have entered the government’s crosshairs.The legal risks are real. They are perilous, and they are alarming. Where a designated Foreign Terrorist Organization (FTO) – such as Hamas, the Popular Front for the Liberation of Palestine, or related organizations such as the Samidoun Palestinian Prisoner Solidarity Network – is concerned, the line separating political advocacy from material support to terrorism can be razor thin, and any doubt tends to be resolved against those engaged in the political advocacy.FTOs are foreign organizations that the Bureau of Counterterrorism in the US state department designates as terrorist entities under section 219 of the Immigration and Nationality Act. Once such a designation is made, it becomes unlawful for a US person to knowingly provide that group with “material support or resources”. That phrase is defined broadly in the statute as “any property, tangible or intangible, or service”, which can include “expert advice or assistance”. An aggressive interpretation of “service” and “assistance” may easily break down what were seemingly secure boundaries of free speech.What most people might assume is first amendment-protected speech and advocacy can be misconstrued by the government as assistance or propaganda provided under the direction of an FTO, and thus criminally prosecuted under the material-support-to-terrorism statutes.This is not just a theoretical possibility. Protected speech is often used to show predisposition, motive or intent in material support prosecutions. Such prosecutions have led to serious federal anti-terrorism convictions that result in lengthy sentences. Typically, sentencing guidelines call for 20 years to life in prison. Actual sentences in double-digit years are not uncommon. Even though this questionable legal strategy has been used before, its use against student protesters would be unprecedented and alarming.Legal jeopardy for political advocacy has long existed in this country despite its storied embrace of the first amendment. But the justice department’s new taskforce and threatened antiterrorist prosecutions reach deeper into policing political dissent than anything seen since the McCarthy era. The consequences could be far more draconian than the usual campus risk of a misdemeanor civil-disobedience arrest or student discipline. The threat to the values of free speech and open debate on college campuses could hardly be more consequential.Already, a number of well-funded US lawyers who aggressively support Israel’s war in Gaza have identified ways to prosecute civil claims against student protesters. On behalf of 7 October 2023 victims, these lawyers have filed federal lawsuits in Virginia, Florida, and Illinois that use the material-support statutes to seek damages against several loosely affiliated student-activist organizations that oppose the war. Like the government’s use of these criminal statutes, the civil cases allege that the US student groups have been acting under the direction of Hamas or its affiliates since 7 October 2023, essentially to disseminate Hamas propaganda.The incriminating evidence turns on the dissemination of someone else’s ideas, often by making arguments and using expressions, or distributing flyers that can be traced back to an FTO. In the ongoing detention and deportation of former Columbia University student Mahmoud Khalil, a permanent resident, the government accuses him of leading activities “aligned to Hamas” and attending protests at which activists distributed flyers from “the Hamas media office”. More recently, the Department of Homeland Security detained, with the intention to deport, a Georgetown University academic who is an Indian citizen on a visa. The spokesperson for the DHS stated that he was “spreading Hamas propaganda and promoting antisemitism on social media”. That is precisely how the criminal investigations could proceed: by connecting free speech to propaganda under the direction or control of an FTO.Right now, the United States is allied with Israel, so the most vulnerable are those students protesting the way the state of Israel is conducting its war in Gaza. But that will not always be the case. As evidenced by Donald Trump’s 180-degree pivot against Ukraine and our closest European allies, the situation could change in a heartbeat.All social protest movements occur within larger political contexts. That is especially true of the protests surrounding the Israel-Gaza war, which are taking place not only within the context of an actual ground war in Gaza, but also within the context of larger geopolitical forces, including the ongoing “global war on terror” declared by George W Bush after September 11.In that larger “war on terror”, strategies and emergency powers that have been developed in the international arena have increasingly been deployed domestically and are now coming home to roost with a vengeance on our campuses. Counterinsurgency strategies with fewer constitutional protections for non-citizens abroad are now being repurposed at home.College students should not be forced to shrink from their political beliefs and free speech and advocacy for fear of punitive civil actions, let alone the fear of federal grand jury investigations and the criminal prosecutions threatened by the justice department taskforce. Students arrive at universities at a young age when many of them are passionate about human rights and justice – and rightly so. Some universities and colleges pride themselves on a celebrated history of student protest.It goes without saying that university presidents should be fighting against the assault on the first amendment. But by and large, they have abdicated this responsibility. They must now make it part of their mission to protect students in this new reality. They should not disavow international students who face immigration reprisals, nor take adversarial action against their students to protect only themselves. The least they can do now is work with and counsel their students to help them understand the new threats to their exercise of free speech and enable them to make informed choices and judgments.

    Thomas Anthony Durkin in one of the country’s leading national security lawyers and the co-director of the National Security & Civil Liberties Program at Loyola University Chicago School of Law.

    Bernard E Harcourt is the Isidor and Seville Sulzbacher professor of law at Columbia Law School and a leading death penalty lawyer. He is the author of The Counterrevolution: How Our Government Went to War Against Its Own Citizens More

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    Trump administration briefing: Democrats denounce education department ‘shutdown’

    Donald Trump signed an executive order on Thursday that instructs the US education secretary, Linda McMahon, to start dismantling the education department, seemingly attempting to circumvent the need to obtain congressional approval to formally close a federal department.The administration may eventually pursue an effort to get Congress to shut down the agency, Trump said at a signing ceremony at the White House on Thursday, because its budget had more than doubled in size in recent years but national test scores had not improved.The federal government does not mandate curriculum in schools; that has been the responsibility of state and local governments, which provide 90% of the funding to schools. Nevertheless, at the White House, Trump repeated his campaign promise to “send education back to the states”.Democrats on Capitol Hill denounced the executive order and warned it could leave in jeopardy millions of low-income families, who rely on federal funding in schools.Hakeem Jeffries, the US House minority leader, said in a statement: “Shutting down the Department of Education will harm millions of children in our nation’s public schools, their families and hardworking teachers. Class sizes will soar, educators will be fired, special education programs will be cut and college will get even more expensive.”Here are the key US politics story from Thursday:Trump orders dismantling of education departmentThe executive order targeting the education department, which has been expected for weeks, directed McMahon to take all necessary steps to shut down key functionalities.Trump added at the signing ceremony that he hoped McMahon would be the last education secretary.Read the full storyUS rejects Mexico’s request for waterThe United States has for the first time refused a request by Mexico for water, alleging shortfalls in sharing by its southern neighbor.“Mexico’s continued shortfalls in its water deliveries under the 1944 water-sharing treaty are decimating American agriculture – particularly farmers in the Rio Grande valley,” the state department said. The 1944 treaty has come under growing strain in recent years due to the pressures of the climate crisis and burgeoning populations in parched areas.Read the full storyPam Bondi to charge Tesla damage suspects with ‘domestic terrorism’The US attorney general announced charges against three people she accused of “violent destruction of Tesla properties”, amid protests and controversy over Tesla owner Elon Musk’s role in slashing US government staffing and budgets under Donald Trump.In a statement on Thursday, Pam Bondi said: “The days of committing crimes without consequence have ended. Let this be a warning: if you join this wave of domestic terrorism against Tesla properties, the Department of Justice will put you behind bars.”Read the full storyJudge blocks Doge from accessing social security recordsA federal judge on Thursday blocked Elon Musk’s so-called “department of government efficiency” (Doge) from accessing social security records as part of its hunt under Donald Trump for fraud and waste, calling the effort a “fishing expedition”.Read the full storyRevolt looms over defense shake-upRepublicans on Capitol Hill are threatening a revolt against a defense shake-up reportedly planned by the Trump administration that could see the US relinquish its command of Nato forces in Europe.Read the full storyMusk’s daughter says rally gesture ‘definitely a Nazi salute’Vivian Jenna Wilson, Elon Musk’s eldest child, has spoken out publicly about her father, saying that Musk “definitely [did] a Nazi salute” at two rallies in January and that he is part of a White House that’s “cartoonishly evil”.Read the full storyJudge demands answers from White House on deportation flights to El SalvadorA federal judge instructed the Trump administration on Thursday to explain why its failure to turn around flights carrying deportees to El Salvador did not violate his court order in a growing showdown between the judicial and executive branches.Read the full story‘Deported because of his tattoos’: has the US targeted Venezuelans for their body art?The US claims that tattoos prove membership of the Tren de Aragua gang but relatives instead describe tributes to God, family and Real Madrid.Tom Phillips and Clavel Rangel with this in-depth feature about Franco José Caraballo Tiapa, one of scores shipped to El Salvador by the Trump administration last weekend as part of his hard-line immigration crackdown.Read the full storyJudge bars Trump administration from deporting Indian academic over political viewsA US district judge has barred Donald Trump’s administration from deporting an Indian academic from Georgetown University after the Department of Homeland Security accused him of having ties to Hamas.Read the full storyWhat else happened today:

    A prominent women’s justice organization launched a campaign on Thursday to have the accused rapist and human trafficker Andrew Tate extradited from the US.

    Two men have been found guilty of plotting to assassinate the Iranian American journalist Masih Alinejad at her home in New York City in a murder-for-hire scheme that prosecutors said was financed by the Iranian government. More

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    Trump rescinds executive order after law firm agrees to provide $40m in free services

    Donald Trump rescinded an executive order targeting a prominent Democratic-leaning law firm after it agreed to provide $40m in free legal services to support his administration’s goals.The White House has targeted law firms whose lawyers have provided legal work that Trump disagrees with. Last week, he issued an order threatening to suspend active security clearances of attorneys at Paul, Weiss and to terminate any federal contracts the firm has.But the president suddenly reversed course following a meeting between Trump and Brad Karp, the chair of the law firm Paul, Weiss, Rifkind, Wharton & Garrison, over the White House order.Trump’s order singled out the work of Mark Pomerantz, who previously worked at the firm and who oversaw an investigation by the Manhattan district attorney’s office into Trump’s finances before Trump became president. Pomerantz once likened the president to a mob boss.To avoid the consequences of Trump’s order, the White House said, the firm had agreed to “take on a wide range of pro bono matters that represent the full spectrum of political viewpoints of our society”. The firm reportedly agreed to disavow the use of diversity, equity and inclusion considerations in its hiring and promotion decisions and to dedicate the equivalent of $40m in free legal services to support Trump administration policies on issues including assistance for veterans and countering antisemitism.The firm, the White House claimed, also acknowledged the wrongdoing of Pomerantz, the partner involved in the investigation into Trump’s hush-money payments to an adult film actor. It was unclear whether Karp was aware of that claim.In a statement issued by the White House, Karp said: “We are gratified that the President has agreed to withdraw the Executive Order concerning Paul, Weiss. We look forward to an engaged and constructive relationship with the President and his Administration.”The firm becomes the latest corporate target to make concessions to the president to avoid his ire.Meta and ABC made settlement payments to Trump’s future presidential library to end lawsuits filed by Trump. Other tech and financial firms have publicly rolled back DEI programs in line with Trump’s policy interests.skip past newsletter promotionafter newsletter promotionEarlier executive orders have targeted the law firms of Perkins Coie, which last week sued in federal court in Washington, and Covington & Burling. More

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    Judge demands answers from White House on deportation flights to El Salvador

    A federal judge instructed the Trump administration on Thursday to explain why its failure to turn around flights carrying deportees to El Salvador did not violate his court order in a growing showdown between the judicial and executive branches.James Boasberg, the US district judge, demanded answers after flights carrying Venezuelan immigrants alleged by the Trump administration to be gang members landed in El Salvador after the judge temporarily blocked deportations conducted under an 18th-century wartime law. Boasberg had directed the administration to return planes that were already in the air to the US when he ordered the halt.Boasberg had given the administration until noon Thursday to either provide more details about the flights or make a claim that they must be withheld because they would harm “state secrets”. The administration resisted the judge’s request, calling it an “unnecessary judicial fishing” expedition.In a written order, Boasberg called Trump officials’ latest response “woefully insufficient”. The judge said the administration “again evaded its obligations” by merely repeating “the same general information about the flights”. He ordered the administration to “show cause” as to why it didn’t follow his court order to turn around the planes, increasing the prospect that he may consider holding administration officials in contempt of court.The justice department has said the judge’s verbal directions did not count, that only his written order needed to be followed and that it couldn’t apply to flights that had already left the US. A DoJ spokesperson said Thursday that it “continues to believe that the court’s superfluous questioning of sensitive national security information is inappropriate judicial overreach”.A US Immigration and Customs Enforcement official told the judge Thursday the administration needed more time to decide whether it would invoke the state secrets privilege in an effort to block the information’s release.Boasberg then ordered Trump officials to submit a sworn declaration by Friday by a person “with direct involvement in the Cabinet-level discussions” about the state secrets privilege and to tell the court by next Tuesday whether the administration will invoke it.In a deepening conflict between the judicial and executive branches, the US president and many of his allies have called for impeaching Boasberg, who was nominated to the federal bench by Barack Obama. In a rare statement earlier this week, John Roberts, the supreme court chief justice, rejected such calls, saying “impeachment is not an appropriate response to disagreement concerning a judicial decision”.skip past newsletter promotionafter newsletter promotionTrump on Thursday urged the supreme court to limit federal judges’ ability to issue orders blocking the actions of his administration nationwide, writing on social media: “STOP NATIONWIDE INJUNCTIONS NOW, BEFORE IT IS TOO LATE.” More

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    ‘Deported because of his tattoos’: has the US targeted Venezuelans for their body art?

    Like many Venezuelans of his generation, Franco José Caraballo Tiapa is a man of many tattoos.There is one of a rose, one of a lion, and another – on the left side of the 26-year-old’s neck – of a razor blade that represents his work as a barber.Two other tattoos pay tribute to Caraballo’s eldest daughter, Shalome: a pocket watch featuring the time of her birth and some black lettering on his chest that spells out the four-year-old’s name.“He’s just a normal kid … he likes tattoos – that’s it,” said Martin Rosenow, a Florida-based attorney who represents the Venezuelan asylum seeker – one of scores shipped to El Salvador by the Trump administration last weekend as part of his hard-line immigration crackdown.View image in fullscreenCaraballo’s fondness for body art may have been his undoing. For when the father of two was detained by US immigration officials in Dallas last month, they appear to have taken those tattoos as proof that he was a member of Venezuela’s most notorious gang, Tren de Aragua.An official Department of Homeland Security document issued in early February and reviewed by the Guardian states: “[The] subject [Caraballo] has been identified as a Member/Active of Tren de Aragua” although it does not explain how agents reached that conclusion. The same document notes that Caraballo – who it calls a “Deportable/Excludable Alien” – has several tattoos and no known criminal history “at this time”.Rosenow rejected the idea that the images inked on to his client’s skin indicated gang membership. “It’s specious – there’s no basis [for this conclusion],” he said. “Experts in Venezuela who study the gang have all stated that there are no tattoos that associate gang members. It’s not like the Central American MS-13 gang where tattoos are relevant in their organization.”“Tren de Agua has no [specific] tattoos,” Rosenow continued. “If you see pictures [of actual Tren de Aragua members arrested in the US], they’re shirtless and many of them don’t even have tattoos.“I’m nauseated by it all. I’m distressed for these individuals. I’m sad for what this means. As an American, for me it’s disgraceful that we would violate human rights so flagrantly on an international level.”Caraballo, who hails from the Venezuelan state of Bolívar and entered the US over its southern border in October 2023, is one of several Venezuelans whom immigration officials appear to have identified as gang members based on little more than their nationality and their tattoos.Daniel Alberto Lozano CamargoDaniel Alberto Lozano Camargo, a 20-year-old asylum seeker from Maracaibo in western Venezuela, lived in Houston, Texas where he washed cars for a living, advertising his services on Facebook.His partner, a US citizen called Leslie Aranda, said he was arrested last November after being contacted by a supposed client. She has not heard from him since last Friday, when Donald Trump invoked sweeping wartime powers called the Alien Enemies Act to deport people considered a threat, such as members of Tren de Aragua, which was last month designated a foreign terrorist organization.Like other Venezuelans now detained and at risk of deportation, Lozano has several tattoos, said Aranda, 25. He has the name of his partner’s daughter, Danessy, on one arm. A rose. The name of his niece, Eurimar, with a crown over the letter E. Praying hands on his neck. His father’s name, Adalberto, and his initials. Lozano also has the date of his anniversary with Aranda: 19 January 2023. Another tattoo reads “King of Myself.”“I know his father’s name is significant to him because he died when Daniel was young. And I also know he didn’t really like the rose tattoo because a friend who was practising did it. Daniel loves art and tattoos – that’s why he has them,” Aranda said.Lozano’s mother, Daniela, who is also in the US, said: “They violated his human rights – it’s an injustice. He doesn’t belong to any gang.”Neri José Alvarado BorgesThe sister of Neri José Alvarado Borges, another Venezuelan deported to El Salvador, said the 24-year-old also had tattoos that relatives suspect may have led to him being ​wrongly identified as a criminal.​One says “Family”, another says “Brothers” and a third, on his left thigh, features the name of his younger brother, Neryelson, who is autistic, and the rainbow-colored​ infinity symbol of the autism acceptance movement.“None of these tattoos has anything at all to do with the Tren de Aragua,” said his sister, Lisbengerth Montilla, 20. “But for them [immigration authorities] anyone with a tattoo is connected to Tren de Aragua.”Montilla said her brother was no gangster. In fact, he was a psychology​ student who had been forced to abandon his studies and migrate to the US nine months ago because of Venezuela’s economic collapse.After trekking through the perilous Darién Gap jungle and entering the US, Alvarado, who has no criminal history, built a life in Dallas where he worked in a bakery.“Many of us have come here because of the situation back in our country,” said Montilla, who also lives in the US. “There were times when we didn’t even have food to eat or have the money to buy anything. Many people fled because of the dictatorship in Venezuela, seeking a better future.​“Not all of those people [deported to El Salvador] are criminals – and not all Venezuelans are bad people. We are from a decent, hard-working and upstanding family. We’ve never had problems with anybody.”Luis Carlos José Marcano SilvaView image in fullscreenLuis Carlos José Marcano Silva, a 26-year-old barber from the Venezuelan island of Margarita, was detained at an immigration hearing in Miami last month. His tattoos also seemingly played a role in his detention and deportation to El Salvador.One, on Marcano’s belly, shows the face of Jesus of Nazareth. Another, on his arm, shows an infinity symbol while a third features the name of his daughter, Adelys. His chest is emblazoned with the image of a crown.“[At the hearing] all they kept telling him was that he belonged to the Tren de Aragua gang. When his wife contacted the lawyer, they said it was probably because of his tattoos,” said Marcano’s mother, Adelys del Valle Silva Ortega, denying that her son has any links to the crime group or even a criminal record.“I feel frustrated, desperate. I imagine they are not treating him well. I’ve already seen videos of that prison,” Silva said of the notorious Salvadoran “anti-terrorism” jail where her son is now thought to be incarcerated. “I think of him every moment, praying to the Virgin of the Valley [a Venezuelan patron saint] to protect him.”Jerce Reyes BarriosThe lawyer for a fifth Venezuelan man deported to El Salvador, a former professional footballer called Jerce Reyes Barrios, 36, has also claimed his tattoos played a role in sealing his fate.Reyes’s tattoos include one of a crown sitting atop a soccer ball with a rosary and the word “Dios” (God). In a sworn declaration, his California-based attorney, Linette Tobin, said the Department of Homeland Security had alleged this tattoo was proof of gang membership.“In reality, he chose this tattoo because it is similar to the logo for his favourite soccer team, Real Madrid,” Tobin said in her statement on Wednesday.Tobin rejected the idea that her client was a gang member and said he had fled Venezuela in early 2024 after being detained at an anti-government demonstration by security forces. Reyes was subsequently “taken to a clandestine building where he was tortured” with electric shocks and suffocation.Tobin said US immigration officials had reviewed her client’s social media posts and found one in which he made “a hand gesture that they allege is proof of gang membership”.“In fact, the gesture is a common one that means I Love You in sign language and is commonly used as a rock’n’roll symbol,” Tobin said.Francisco Javier García CasiqueSebastián García Casique, the brother of a sixth Venezuelan deported to El Salvador, said his sibling, Francisco Javier García Casique, also had tattoos, including of a rose, a compass and a phrase reading: “God chooses his toughest battles for his best warriors.”A fourth tattoo says: “Vivir el momento” (Live in the Moment). A fifth says in English: “Family”.In September 2021 García posted an Instagram video of a tattoo of a timepiece being inked on to his right arm by an artist in Peru, where he then lived. “My tattoo in tribute to my two grandmas who I love and miss a lot,” García wrote.Anyelo Sarabia GonzálezIn a sworn declaration, the sister of Anyelo Sarabia González, Solanyer Michell Sarabia González, said her 19-year-old brother had been detained by immigration agents at the start of this year in Dallas and that those agents had asked “about a tattoo that is visible on his hand” showing a rose with money as its petals.“He had that tattoo done … because he thought it looked cool,” González’s sister said, adding that she believed her brother had been sent to El Salvador “under the false pretence that he was a member of Tren de Aragua”.“The tattoo has no meaning or connection to any gang,” said González, 25. Two other tattoos on her brother’s body – of the phrases “strength and courage” and “I can do all things through Christ who strengthens me” – were also not gang-related, she said.Franco José Caraballo TiapaRosenow also saw no indication that his client – who he said had sought asylum on the basis of political persecution after taking part in opposition protests – was involved in the Venezuelan gang. He said Caraballo’s “cheesy” and romantic Instagram posts indicated he was not “a vicious gang member”.A Venezuelan criminal background check issued earlier this month indicates Caraballo has no criminal record there. Francisco Javier García Casique’s family has also published evidence that he had no criminal record back home.The White House has described the Venezuelans deported to El Salvador as “heinous monsters” and terrorists but has yet to release detailed information about their identities, let alone their alleged crimes.On Thursday afternoon CBS News published an internal government list of the 238 Venezuelan deportees, which included the names of all of the men in this story.On Monday, a senior official from immigration and customs enforcement, Robert Serna, admitted that “many” of those removed from the US under the Alien Enemy Act did not have criminal records in the US, but he nevertheless said they were Tren de Aragua members.The fact that those people did not have a criminal record “is because they have only been in the country for a short period of time”, Serna said. More