U.S. Rep. Robert Garcia (D-Calif.) is demanding solutions from the Trump-Vance administration on its deportation of Andry Hernández Romero, a homosexual Venezuelan make-up artist who was despatched to a jail in El Salvador in violation of a federal courtroom order and within the absence of credible proof supporting the federal government’s claims about his affiliation with a legal gang.
Copies of letters the congressman issued on Thursday to Immigration and Customs Enforcement and CoreCivic, a personal jail contractor, have been shared solely with the Washington Blade.
Garcia famous that Hernández, who sought asylum from persecution in Venezuela over his sexual orientation and political opinions, had entered the U.S. legally, handed a preliminary screening, and had no legal report.
Professional-bono attorneys representing Hernández throughout his detention within the U.S. pending an consequence in his asylum case have been knowledgeable that their consumer had been eliminated to El Salvador per week after he failed to indicate for a listening to on March 13.
Hernández’s household now fears for his security whereas he stays in El Salvador’s Terrorism Confinement Heart (CECOT), which has a nicely documented report of human rights abuses, Garcia mentioned.
Moreover, the congressman wrote, whereas consultants say Tren de Aragua doesn’t use tattoos as identifiers, the “major proof” supporting Hernández’s deportation primarily based on his supposed hyperlinks to the transnational Venezuelan gang “seems to have been two crown tattoos labeled ‘Mother’ and ‘Dad,’ that are frequent cultural symbols in his hometown.”
The dedication about his hyperlinks to or membership within the group was made by a CoreCivic worker whose legal report and misconduct as a legislation enforcement officer led to his termination from the Milwaukee Police Division, Garcia wrote in his letter to the corporate.
Requesting a response by Could 1, the congressman requested CoreCivic President Damon T. Hininger to handle the next questions:
- What {qualifications} and coaching does CoreCivic require for workers tasked with making determinations about detainees’ affiliations?
- What protocols are in place to make sure that determinations of gang affiliation are primarily based on credible and corroborated proof?
- How does CoreCivic oversee and overview the choices made by its workers in such essential issues?
- What mechanisms exist to stop and handle potential misconduct?
- What’s the nature of CoreCivic’s collaboration with ICE in making determinations that have an effect on deportation choices? Are there joint overview processes?
- What background checks and ongoing assessments are carried out for workers concerned in detainee evaluations, notably these with prior legislation enforcement expertise?
- What pointers does CoreCivic observe concerning using tattoos as indicators of gang affiliation, and the way does the corporate be sure that cultural or private tattoos should not misinterpreted?
In his letter to Tae D. Johnson, appearing director of ICE, Garcia requested solutions to the next questions by Could 1:
- Did ICE personnel independently overview and approve the dedication made by CoreCivic worker Charles Cross Jr. figuring out Mr. Hernández Romero as a member of the Tren de Aragua gang?
- What proof, past Mr. Hernández Romero’s tattoos, was used to substantiate the declare of gang affiliation?
- Beneath what authorized authority are non-public contractors like CoreCivic permitted to make determinations that instantly influence deportation choices?
- What vetting processes and background checks are in place for contractors concerned in such determinations? Are there oversight mechanisms to make sure their credibility and adherence to due course of?
- What pointers does ICE observe concerning using tattoos as indicators of gang affiliation, and the way does the corporate be sure that cultural or private tattoos should not misinterpreted?
Along with U.S. Rep. Maxwell Frost (D-Fla.), Garcia wrote to U.S. Rep. James Comer (R-Ky.) on Tuesday requesting permission to convey a congressional delegation to CECOT for functions of conducting a welfare test on detainees, expressing particular concern for Hernández’s wellbeing. The congressmen mentioned they might “gladly embody any Republican Members of the committee who want to take part.”
Hernández’s case has drawn fierce criticism of the Trump-Vance administration together with requires his return to the U.S.
Influential podcaster and Trump ally Joe Rogan spoke out in late March, calling the deportation “horrific” and “a horrible mistake.”
Final week, California Gov. Gavin Newsom (D) despatched a letter to Kristi Noem, secretary of the U.S. Homeland Safety, which manages ICE, demanding Hernández’s speedy return and elevating considerations with the best to due course of amid the administration’s crackdown on unlawful immigration.
Hernández “was denied the chance to defend himself in opposition to unsubstantiated allegations of gang involvement or to current his asylum declare,” the governor wrote. “We aren’t a nation that sends individuals to be tortured and victimized in a overseas jail for public relations victories.”
Immigrant Defenders Regulation Heart President Lindsay Toczylowski, who’s representing Hernández, has not been in a position to attain her consumer since his removing from the U.S., she informed NBC Information San Diego in a report printed April 11.
“Beneath the Structure, each single individual has a proper to due course of, and which means they’ve a proper to notification of any allegations the federal government is making in opposition to them and a proper to enter courtroom and show that these allegations are incorrect if that’s the case,” she mentioned. “In Andry’s case, the federal government by no means gave us that chance. In truth, they didn’t even convey him to courtroom, and so they have forcefully despatched him to El Salvador with out ever giving us any discover or with out telling us the way in which that we may enchantment their determination.”
“CECOT, this jail the place nobody has ever left, the place persons are held incommunicado, is a really harmful place for somebody like Andry,” Toczylowski mentioned.
In March, a DHS spokesperson posted on X that Hernández’s “personal social media signifies he’s a member of Tren de Aragua,” although they didn’t level to any particular posts and NBC reported that evaluations of his identified social media accounts turned up no proof of gang exercise.
Throughout a go to to CECOT in March, Time Journal photographer Philip Holsinger photographed Romero and reported that the detainee plead his innocence — “I’m not a gang member. I’m homosexual. I’m a stylist.” — crying for his mom as he was slapped and his head was shaved.
