In his first 100 days in office, President Trump’s administration has deported or detained nearly 48,000 migrants in the United States. Of these individuals, many are legal residents and asylum seekers.
Part of Trump’s crusade in his second term is to “eradicate” members of a Venezuelan gang known as Tren de Aragua. In doing this, the Trump Administration has enacted the Alien Enemies Act, a law that hasn’t been used since World War II, that allows immigrants to be detained without a hearing.
The United States has since sent 238 Venezuelans, all of which they claim are terrorists and violent gang members, to the El Salvadoran ‘mega-prison’ known as The Center for Terrorism Confinement. It is amongst the largest and highest security prisons in the world. According to 60 Minutes, at least 75% of these migrants have no criminal record whatsoever.
One of these men who have been detained with no criminal record is Andry Hernandez Romero. Romero is a 31-year-old gay makeup artist who fled Venezuela for the United States last year seeking asylum. Lindsay Toczylowski, Hernandez Romero’s attorney, appeared on CBS’s 60 Minutes to tell her client’s story.
“Hernandez Romero left his home country last May because he was targeted for being gay and for his political views,” Toczylowski said. She shared he entered the country at a legal border crossing and was in the process of having his case processed. “We believe he did have a strong asylum case. He had also done a credible fear interview which is the very first part of seeking asylum in the United States. The government had found that his threats against him were credible and that he had a real probability of winning an asylum claim.”
However, last month, without his legal team’s knowledge, Hernandez Romero was forcibly detained and shipped off to El Salvador without any due process.
It was a TIME Magazine photographer who helped identify Hernandez Romero in El Salvador. Philip Holsinger said he heard him say, “I’m not a gang member. I’m gay. I’m a stylist.” Adding that he “cried for his mother as he was slapped and had his head shaved.”
“It’s horrifying to see someone who we’ve met and know as a sweet, funny artist, in the most horrible conditions I could imagine,” Toczylowski said. “We have grave concerns about whether he can survive.”
Toczylowski says that Hernandez Romero was likely targeted because of two tattoos of crowns he has on his arms. “These are tattoos that not only have a plausible explanation because he is someone who worked in the beauty pageant industry, but also the crowns themself were on top of the names of his parents,” Toczylowski said. “The most plausible explanation for that is that his mom and dad are his king and queen.”
Despite experts explaining that tattoos are not a reliable indicator of whether someone is a member of Tren De Aragua, Hernandez Romero is one of many migrants who have been targeted by the U.S. government for their tattoos. The same thing happened to a Venezuelan soccer player named Jerce Reyes Barrio who has a tattoo of a crown on a soccer ball, he also remains in detention.
Toczylowski believes it is highly unlikely that the U.S. government knows something she doesn’t know about her client. But even if they did, she reminds officials that “they should follow the Constitution, present that information, give us the ability to reply to it,” she said.
Lee Gelernt, an attorney for the American Civil Liberties Union, said that the U.S. does not have the legal right to send someone who’s been deported from the country to a foreign prison, pointing out that the last time the Alien Enemies Act was enacted, “We sent people back to their home country. We didn’t send them to a foreign prison.”
Gelernt has dedicated his career to defending the rights of immigrants who enter the United States. He is fearful for Hernandez Romero, and the hundreds of others in his same position, saying, “There’s a real danger that they remain there.”
Since this episode of 60 Minutes aired on April 6th, several House Democrats have voiced their concern about the notorious prison. Sen. Chris Van Hollen, D-Md. is set to visit the prison today to push for the release of fellow detainee Kilmar Abrego Garcia. Sen. Cory Booker, D-N.J. is reportedly planning to do the same.
Read more here and learn more about Trump’s anti-LGBTQ record with GLAAD’s Accountability Tracker.
Wondering what you can do to help?
Dial the U.S. House Switchboard to take action now: (202) 224-3121. Demand:
• Release and return Andry Hernandez Romero and others forcefully removed with no due process under this policy
• Ensure attorney access and communication for all individuals removed under the Alien Enemies Act
• Halt the use of the Alien Enemies Act to disappear people without due process
• Investigate the use of wartime powers against asylum seekers and restore basic legal protections
