Beth Caldwell: Why tattoos are such an unreliable marker of gang membership

Immigration officers have relied on tattoos as an indication of gang membership.  In Department of State v. Munoz (2024), in which the Supreme Court reaffirmed the doctrine of consular nonreviewability, a State Department consular officer relied on tattoos, including one of the Lady of Guadalupe, to speculate that the visa applicant was a gang member and denied a visa.

In “Why tattoos are such an unreliable marker of gang membership” for The Conversation, Beth Caldwell writes about how immigration officers rely on tattoos in identifying gang members.

Caldwell writes that the U.S. government “deported 238 Venezuelan men on three flights to El Salvador on March 15, 2025, claiming that they were members of the Tren de Aragua gang that originated in Venezuela.

Immigration officials have said that tattoos were not the sole criteria used when deciding whom to deport; however, a government document showed that officials relied on tattoos and clothing to determine gang membership.”

The attorney for “Jerce Reyes Barrios, a professional soccer player who is among the Venezuelans deported to El Salvador, says the U.S. government detained and deported her client because he has a tattoo of a soccer ball with a crown on top, which resembles the logo of his favorite soccer team, Real Madrid. The tattoo and a photograph of Barrios making a hand sign that means `I love you’ in sign language are the only two pieces of evidence the government has presented of his gang ties, according to the lawyer.”

Caldwell’s “research [shows] that simply using tattoos as any sort of criteria can lead law enforcement astray.”  Check out the article.

KJ