An LGBTQ+ Venezuelan asylum-seeker was deported and subsequently 'disappeared' after immigration officials misconstrued his tattoos as symbols of the violent Tren de Aragua gang. His legal team asserted that his tattoos were benign, stemming from his background in the arts. Despite preparations for a court hearing, he was not presented by ICE officials, leading to concerns about his safety, as his name vanished from the detainee locator system, raising fears of enforced disappearance under international law.
Our client worked in the arts in Venezuela. He is LGBTQ. His tattoos are benign. But ICE submitted photos of his tattoos as evidence he is Tren de Aragua. His attorney planned to present evidence he is not. But never got the chance because our client has been disappeared.
The term 'disappeared' used by the lawyer aligns with the UN definition of 'enforced disappearance,' involving unlawful deprivation of liberty and concealing the person's fate.
Upon arrival in the U.S., the asylum-seeker was detained by immigration officials who misinterpreted his tattoos as gang affiliations, leading to grave consequences.
Despite being scheduled for a court appearance, U.S. immigration officials failed to produce the asylum-seeker, and his status was not available in the detainee system.
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