Washington, D.C. – U.S. Senator Adam Schiff (D-Calif.) and Congressman Robert Garcia (D-Calif.-42) sent a letter to Secretary of State Marco Rubio to continue to demand access to Andry José Hernández Romero, a gay Venezuelan national who claimed asylum in the United States and is now imprisoned at the Centro de Confinamiento del Terrorismo (CECOT), the maximum-security prison in Tecoluca, El Salvador.
The letter is co-signed by U.S. Representatives Mark Takano (D-Calif.-39), Yassamin Ansari (D-Ariz.-03), Maxwell Frost (D-Fla.-10), Maxine Dexter (D-Ore.-03), and Seth Magaziner (D-R.I.-02).
“Andry Hernández is an asylum seeker trying to seek safety and protection in the United States. If the government can disappear and send him to a prison in El Salvador without due process, then no one is safe. It’s a chilling reminder that due process isn’t optional — it’s guaranteed under our Constitution for everyone. We will continue to push back against the administration’s inhumane actions so that Andry is reunited with his family and loved ones,” said Senator Adam Schiff.
“Everyone in this country is entitled to due process and fair treatment under the law. Andry Romero must be released immediately,” said Congressman Robert Garcia. “Andry was deported with no warning and no opportunity to defend himself, and now, no one has heard from him – not even his family or lawyers. We are demanding the U.S. government take action to correct this horrible error. We won’t stop until Andry’s whereabouts and wellbeing have been confirmed and he is released back to the United States.”
“As the son and grandson of Japanese Americans who were rounded up and forced into camps without due process, I know all too well that Andry is not the first person to be unjustly taken by the government of the United States,” said Congressman Mark Takano, Chair of the Congressional Equality Caucus. “Every American should be alarmed by how the Trump Administration is taking people off the street and locking them away in a foreign prison without so much as a day in court like it’s normal, acceptable, or legal when it is absolutely not. We must continue to put pressure on the Administration to release Andry, as well as others who were disappeared to a supermax prisons on foreign soil, and respect our Constitution’s guarantee of due process.”
“Andry Hernandez Romero presented himself legally at a port of entry and has a credible asylum case and no criminal record. There is absolutely no justification for his detention in El Salvador,” said Congressman Seth Magaziner. “It is critical that Andry receive a wellness check, have access to legal counsel, and be released without delay.”
“I am proud to join my colleagues in continuing to speak out for due process and human rights for those wrongly imprisoned in El Salvador’s CECOT—including individuals like Andry José Hernández Romero, who sought refuge in the U.S. after being targeted for his sexuality in his home country,” said Congresswoman Yassamin Ansari. “No one should be denied safety. We call on the Trump Administration to immediately bring home those who have been wrongfully deported.”
Read the full text of the letter here and below.
Dear Secretary Rubio:
We’re writing to follow up on the letter sent to you, on April 21, 2025, from four Members of Congress regarding Andry José Hernández Romero, an openly gay Venezuelan national with a pending asylum case in the United States who is reportedly imprisoned at the Centro de Confinamiento del Terrorismo (CECOT), the maximum-security prison in Tecoluca, El Salvador.
We are deeply concerned about the health and wellbeing of Mr. Hernández Romero, who left Venezuela after experiencing discriminatory treatment because of his sexual orientation and opposition to Venezuela’s authoritarian government. As an asylum seeker, he went through the process to schedule an asylum appointment through the CBP One program and then presented himself at a legal port of entry for his appointment. He was taken into custody as his case was processed and passed a credible fear interview.
As Mr. Hernández Romero awaited a court hearing, ICE agents reportedly forcibly removed him to the CECOT prison, without due process. Mr. Hernández Romero has no criminal record, and the United States Government has presented no evidence of crimes he has committed.
Mr. Hernández Romero’s family and lawyers have had no contact with him in more than a month. His mother does not even know whether he is alive. Given both the well-documented concerns about conditions at CECOT and the history of anti-LGBTQI+ persecution in El Salvador, there is serious cause for concern about Mr. Hernández Romero’s well-being.
On May 14, 2025, in response to questioning before Congress, Department of Homeland Security Secretary Kristi Noem refused to commit to letting Mr. Hernández Romero’s mother know that he is alive. No mother should have to worry that their child will be forcibly disappeared from the United States without due process or whether their son is even alive and healthy because of the actions of the United States government.
The United States government, alone, is responsible for Mr. Hernández Romero’s imprisonment. Secretary Noem said publicly that CECOT is “one of the tools in our toolkit that we will use if you commit crimes against the American people.”
The government has provided no evidence that Mr. Hernández Romero has committed any crimes, and even if he had, he would still be entitled to due process.
We therefore reiterate the requests in the April 21, 2025, letter for the State Department to conduct a wellness check on Mr. Hernandez Romero, facilitate his access to legal counsel, and immediately facilitate his release. We also request a briefing to update us on these efforts.
Thank you for your prompt attention to this request.
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