1. United States
  2. N.Y.
  3. Letter

Urgent Action Required: Unconstitutional Deportation of LGBTQ+ Asylum Seeker

To: Sen. Schumer, Rep. Gillen, Sen. Gillibrand

From: A verified voter in Lynbrook, NY

April 9

I’m writing with urgency regarding the deportation of Andry Hernández Romero, a 31-year-old gay Venezuelan makeup artist who sought asylum in the U.S. after fleeing persecution for his sexuality and political views. Despite passing a credible fear interview and having no criminal record, he was deported to El Salvador’s CECOT prison under the Trump administration’s use of the Alien Enemies Act of 1798—an archaic statute never intended for asylum seekers. This action was carried out without due process. There was no court hearing, no meaningful review—just a gross violation of constitutional and human rights. Andry was one of 238 Venezuelans wrongfully deported, many accused of gang affiliation based solely on tattoos. In Andry’s case, his crown tattoos honored his parents and referenced the Three Kings Day, a tradition in his hometown of Capacho—not any gang. After arriving at CECOT, he was forcibly shaved, publicly humiliated, and abused. Photojournalist Philip Holsinger captured images of this intake process for TIME. Holsinger reported hearing Andry cry out, “I’m not a gang member—I’m gay! I’m a stylist!” before being slapped by prison staff and dragged into a cell. He is now held under inhumane conditions and faces serious danger. This is unconstitutional. There was no judicial oversight, and the Supreme Court has upheld the right to due process in immigration cases. Deporting asylum seekers to foreign prisons based on tattoos and without hearings is a complete abuse of executive power. If any harm comes to Mr. Hernández Romero or those deported with him, this would amount to involuntary manslaughter at the hands of the Trump administration. LGBTQ+ asylum seekers are especially vulnerable to violence in detention. Deporting them to known sites of abuse is a human rights atrocity. The U.S. has a legal and moral obligation to protect them—not disappear them into prisons abroad. I urge you to: 1. Pursue emergency legal appeals to bring Mr. Hernández Romero and other victims back immediately. 2. Hold those responsible accountable—including invoking the 25th Amendment or introducing articles of impeachment, as Trump is clearly unfit for office and abusing executive authority. 3. Pass legislation to end use of the Alien Enemies Act in immigration enforcement and ensure due process for all asylum seekers. This cannot be ignored. Our government must not be complicit in human rights abuses.

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