US lawmaker Robert Garcia (D-Calif) is calling for the Trump Vance administration to answer the deportation of gay Venezuelan makeup artist Andry Hernandez Romero, who was sent to an El Salvador prison in violation of federal court orders and to an El Salvador prison that supports reliable evidence in support of government claims about partnering with criminal gangs.
A copy of the letter issued by lawmakers to Immigration and Customs Enforcement on Thursday was shared only with Washington Blade by private prison contractor Corecivic.
Garcia pointed out that Hernandez, who sought asylum from persecution over sexual orientation and political beliefs in Venezuela, legally entered the United States, passed a preliminary screening, and had no criminal history.
Pro Bono’s lawyers representing Hernandez during their US custody are pending the outcome of his asylum case, and are informed that their clients had been taken to El Salvador a week after the failed hearing for the March 13 hearing.
Hernandez’s family fears his safety while remaining at the Centre for Terrorism Confinement (CECOT) in El Salvador.
Additionally, lawmakers say Tren de Aragua does not use tattoos as an identifier, but the “primary evidence” in favour of Hernandez’s deportation appears to be two crown tattoos labeled “mama” and “daddy” who is “daddy” who is supposed to be a cross-border Venezuelan gang.
His decision regarding his link to the organization or membership in the organization was made by a comecivic employee whose criminal history and misconduct as a law enforcement officer led to his dismissal from the Milwaukee Police Department, Garcia wrote in his letter to the company.
Requesting responses by May 1, Congressman asked President Corecivic Damon T. Hininger to address the following questions:
- What qualifications and training does Corecivic require for employees who are tasked with making decisions about the affiliation of detainees?
- Which protocols are in place to ensure that the decision to aggression of gangs is based on reliable and supported evidence?
- How do you oversee and review corecivic for decisions made by employees on such a serious issue?
- What mechanisms are used to prevent and deal with potential fraud?
- What is the nature of Corecivic’s collaboration with ICE when making decisions that affect deportation decisions? Is there a joint review process?
- What background checks and ongoing evaluations will be conducted for employees involved in assessing detainees, particularly those with experience in law enforcement?
- What guidelines does Corecivic follow regarding the use of tattoos as indicators of gang affiliation? Also, how does the company guarantee that cultural or personal tattoos will not be misunderstood?
In a letter to Tae D. Johnson, acting director of ICE, Garcia requested answers to the following questions by May 1:
- Has ICE officials independently approved the decision by corecivic employee Charles Cross Jr., who identified Hernandez Romero as a member of the Tren de Aragua gang?
- Beyond Hernandez Romero’s Tattoo, what evidence was used to demonstrate the claims of gang affiliation?
- Under what legal authority are private contractors allowed to make decisions that directly affect deportation decisions?
- What review process and background checks are in place for the contractors involved in such decisions? Are there any monitoring mechanisms to ensure their reliability and compliance with legitimate processes?
- What guidelines does ICE follow regarding the use of tattoos as indicators of gang affiliation? Also, how does the company guarantee that cultural or personal tattoos will not be misunderstood?
Along with Rep. Maxwell Frost (D-FLA.), Garcia wrote to Rep. James Comer (R-KY.) on Tuesday. The lawmaker said he would be happy to include Republicans from the committee who wish to participate.
Hernandez’s incident has attracted intense criticism of the Trump Vance administration, along with a call for a return to the US.
Influential podcaster and Trump ally Joe Logan called the deportation “a scary” and “a scary mistake” in late March.
Last week, California Governor Gavin Newsom (d) wrote to Christie Noem, the secretary of homeland security who manages the ice, demanding the immediate return of Hernandez and raising concerns that he has the right to a legitimate process amid the repression of administrative repression against illegal immigration.
Hernandez “was denied the opportunity to defend himself from unfounded allegations of gang involvement or denied the opportunity to present his asylum claim,” the governor wrote. “We are not a country that sends people to be tortured and sacrificed in foreign prisons for a public relations victory.”
Lindsay Toczylowski, president of immigration defender Law Center, who represents Hernández, told NBC News San Diego in a report released on April 11 that he has not been able to reach his clients since its removal from the US.
“Under the Constitution, each person has the right to justify proceedings, meaning that they have the right to notify the claims the government is making against them, and if so, they have the right to enter the court and prove that those claims are wrong,” she said. “In Andrey’s case, the government didn’t give us the opportunity. In fact, they didn’t even take him to court. They sent him forcefully to El Salvador without giving us notice or telling us how we could appeal their decision.”
“Secott, this prison, which has never left, is a very dangerous place for people like Andry because people are kept in motion,” Tozzilovsky said.
In March, a DHS spokesperson posted to X. Hernandez’s “his own social media shows that he is a member of Trendé Lagua.”
During a visit to CECOT in March, Time Magazine photographer Philip Holsinger filmed Romero and reported that detainees had sued his innocence. “I’m not a gang member. I’m a gay. I’m a stylist.” – I cried for his mother when he was slapped and his head was shaved.
Source: Washington Blade: LGBTQ News, Politics, LGBTQ Rights, Gay News – www.washingtonblade.com
