The story of Luis Alberto Castillo Rivera, a Venezuelan asylum seeker, has gone viral on TikTok and gained media coverage. Castillo is a man without any criminal history or gang affiliation who entered the United States through a legal pathway. In 2024, this Venezuelan asylum seeker flew to Mexico and awaited his court date. Once he received his appointment date on the CBPOne app on January 19th, 2025, he presented himself at the U.S.-Mexico border in El Paso, where he was processed by immigration authorities and held in detention for no given reason. At the ICE detention center in El Paso, authorities started to question his tattoos, specifically one he had of Michael Jordan. Authorities claimed his Jordan tattoo was affiliated with the Venezuelan gang Tren De Aragua. Many of the tattoos identified by a law enforcement list as used by Tren de Aragua, including stars, roses, tigers, and jaguars, are common among Americans. These so-called identifiers may just be a flimsy pretense for criminalizing the average, non-criminal migrant.
Castillo in a photo released by the Department of Homeland Security of the first flight of migrants preparing to takeoff for Guantanamo Bay, Feb. 4, 2025. DHS
On February 3rd, Castillo told his family that he would be deported to Venezuela, even without a hearing. The next day, he lost contact with his family and was sent to Guantanamo Bay, Cuba on February 4th. President Trump stated he is sending those who have committed crimes in the U.S. to Guantanamo Bay, but Castillo had no criminal history nor gang affiliation and never even had the chance to freely step foot in the U.S.
Castillo’s family was not notified that he would be held at the “longest-running war prison.” His family members only found out about this after seeing pictures online of migrants arriving in Guantanamo Bay. When his family searched for him on the US Immigration and Customs Enforcement website, it appeared he was still in the processing center in El Paso, Texas. Attorneys are calling Guantanamo Bay a “legal black hole,” a place where typical legal protections do not exist for some of the detainees. Some are being held without due process indefinitely without trial or conviction, including thousands of Haitian refugees in the 1990s and almost 800 Muslim men, including minors, over the past two decades. Some of these prisoners have endured incredible physical and psychological abuse and torture in this extralegal space.
Now, the first group sent to Guantanamo Bay, including low-risk migrants and migrants with no criminal record, such as Castillo, were detained in the “counterterrorism suspect” part of the prison – rather than the Migrant Operations Center used in the past to process migrants. The conditions these individuals are facing at this maximum-security prison are inhumane, including mold, undrinkable water, and a lack of adequate medical care. Guantanamo Bay does not even meet the minimum safety standards for detention facilities as set by the U.S. government. Furthermore, the detainees at Guantanamo Bay are subject to permanent physical and psychological trauma.
A less-known but recent story close to home is one where five migrants in North Florida went into a gas station to grab breakfast on the way to their construction job in late January and were detained by ICE. Four of them remain detained in Florida. One of them, a Mexican man, was sent to Guantanamo Bay; the rumors go that he would be held there for two years. He has no criminal record beyond being caught multiple times crossing the border. He is simply a worker who has been entering and leaving the U.S. every year to work and go home. The idea that Guantanamo Bay was ever for the “worst of the worst” is an illusion. These are just two among many cases of immigrants being detained, held, deported, or sent indefinitely to Guantanamo Bay without due process after being profiled racially or for having tattoos.
Katheryn Olmos is a Research Assistant at the Center for Latin American and Latino Studies and a graduate student at the Sociology Research and Practice program at American University.
Edited by Ernesto Castañeda, Director, and Emma Wyler, intern at the Center for Latin American and Latino Studies and the Immigration Lab.
