Andry's Unjust Deportation Highlights Failed System
Despite his status as an asylum seeker, Andry Hernandez Romero has had no contact with his lawyer since being deported to El Salvador.
Andry Hernandez Romero, a makeup artist from Venezuela, is at the heart of a controversial deportation plan raising alarms about the treatment of asylum seekers.
Three weeks ago, Hernandez Romero was among 238 Venezuelan migrants flown from the U.S. to a maximum-security prison in El Salvador. His case, focused on his quest for asylum in the U.S., underscores the broader consequences of a Trump administration policy targeting undocumented immigrants and suspected gang members.
Venezuela
Hernandez Romero’s journey began last year when he fled Venezuela, citing threats against his life due to his sexual orientation and political views. After traveling through dangerous terrain, including the treacherous Darien Gap, he arrived in the U.S. and sought asylum.
His case seemed strong. U.S. immigration officials deemed his claims of persecution credible, marking the first step in the asylum process. But that hope quickly turned to uncertainty.
Instead of appearing at a scheduled court hearing in the U.S., Hernandez Romero was abruptly taken into custody, shackled, and sent to El Salvador, where he has had no contact with his lawyer or family since.
He now faces an uncertain future, locked away in a foreign prison.
Alien Enemies Act
The Trump administration's decision to invoke the 1798 Alien Enemies Act allowed for the swift deportation of individuals suspected of gang ties, despite the lack of criminal convictions for most.
In Hernandez Romero’s case, immigration officials cited his tattoos—crowns, which he explained symbolized his parents—as evidence of gang affiliation. However, his attorney argues that these tattoos have no connection to any criminal group and instead reflect personal meaning tied to his work in the beauty industry.
Toczylowski, who is representing Hernandez Romero, says the government’s case is weak. She contends that the tattoos were misinterpreted, and that there is no credible evidence linking Hernandez Romero to a violent gang.
While social media activity was also cited in the government's argument, Toczylowski believes that it is unlikely the U.S. government possesses information that her team doesn’t already know about their client. If such information does exist, she argues, the government should follow constitutional protocols and provide it for review.
Despite Hernandez Romero’s legal standing as a legitimate asylum seeker, the U.S. government has not provided a clear explanation of how they determined his ties to a gang.
His tattoos, social media posts, and the broader crackdown on Venezuelan migrants have drawn criticism for their reliance on questionable evidence, including symbols that have different meanings within the context of his personal and professional life.
“Mini King”
Despite government accusations, Hernandez Romero was known to be active within his culture and community. According to those who know him, he was particularly captivated by the annual Three Kings Day celebrations in his Venezuelan hometown.
Each year, he joined thousands of fellow Christians on the streets of Capacho to commemorate the visit of the three wise men to the baby Jesus, bearing gifts of gold, frankincense, and myrrh.
At the age of seven, Andry even became a "Mini King," a title given to members of the town's youth drama group, Los Mini Reyes. Later in life, he tattooed two crowns on his wrists to honor those festive Epiphany celebrations and his Catholic faith.
However, the Latin American tradition seemed to be overlooked or ignored by U.S. immigration officers who detained Hernández after he crossed the southern border last August for a scheduled asylum appointment in San Diego.
El Salvador
Hernandez Romero’s deportation to El Salvador has left his future in limbo. Legal experts and human rights advocates argue that the use of tattoos and social media posts as the primary evidence for deportation is highly problematic.
Experts also point out that the U.S. has historically sent deportees back to their home countries, not to foreign prisons. In Hernandez Romero’s case, he now finds himself in a maximum-security facility in El Salvador, a country with its own troubled human rights record.
The situation surrounding Hernandez Romero is made even more troubling by the lack of transparency from U.S. authorities. Despite his status as an asylum seeker, he has had no contact with his lawyer since arriving in El Salvador. Family members and legal representatives are left in the dark about his whereabouts and well-being, with no updates from the U.S. or Salvadoran authorities.
The case is part of a broader pattern of controversial deportations under the Trump administration, which has used the Alien Enemies Act to expedite the removal of individuals deemed to be a national security threat, even without criminal convictions.
As Hernandez Romero's legal team works to uncover the truth behind his deportation, questions remain about the fairness of the process and the broader implications for other asylum seekers. His case highlights the critical need for oversight and accountability in U.S. immigration practices, especially when vulnerable individuals are involved.
The fate of Hernandez Romero and other Venezuelan migrants also continues to shed light on the administration's use of wartime laws in a peacetime context, with far-reaching consequences for the treatment of asylum seekers in the United States.
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