Lawmakers Demand Proof That Venezuelan Asylum Seeker Is Alive

Key Takeaways

• 52 Democratic lawmakers demand proof of life for Venezuelan asylum seeker Andry Hernández Romero.
• Hernández Romero deported in March 2025, held over 75 days incommunicado at El Salvador’s CECOT prison.
• The Trump administration used the Alien Enemies Act to deport Venezuelans without due process.

A Growing Crisis: Lawmakers Demand Proof of Life for Venezuelan Asylum Seeker Andry Hernández Romero

Who, What, When, Where, Why, and How

In June 2025, a group of 52 Democratic lawmakers, led by Rep. Robert Garcia (D-CA), called on the Trump administration to provide immediate proof that Andry Hernández Romero, a 32-year-old Venezuelan asylum seeker, is still alive. Hernández Romero, who is openly gay and fled Venezuela 🇻🇪 due to threats based on his sexual orientation and political beliefs, was deported from the United States 🇺🇸 to El Salvador in March 2025. Since then, he has been held incommunicado—meaning without contact with the outside world—for over 75 days in the CECOT mega-prison, a maximum-security facility in El Salvador. Lawmakers, legal advocates, and human rights groups are demanding answers about his safety, access to legal counsel, and the broader implications for thousands of Venezuelan nationals now at risk of deportation under new U.S. policies.

Mounting Pressure from Lawmakers and Advocates

The push for answers began in early June, when Rep. Robert Garcia and 51 other Democrats sent a letter to Secretary of State Marco Rubio. They demanded proof that Andry Hernández Romero is alive, a wellness check by independent observers, and his immediate release from detention. The letter also called for Hernández Romero to have access to a lawyer and to communicate with his family. Senators Adam Schiff (D-CA) and Alex Padilla (D-CA) joined the effort, highlighting the seriousness of the situation.

Rep. Ritchie Torres (D-NY) took further action by donating to a fund supporting Hernández Romero’s legal defense and speaking out about the lack of evidence connecting Hernández Romero to any criminal activity. Torres and other lawmakers have stressed that the government has not shown any proof that Hernández Romero was involved in gangs or other crimes, despite claims used to justify his deportation.

Key Details and Timeline

• March 2025: Andry Hernández Romero is deported from the United States 🇺🇸 to El Salvador, despite having a pending asylum case.
• May 27, 2025: Immigration Judge Paula Dixon dismisses Hernández Romero’s asylum case at the request of the Department of Homeland Security (DHS), ending his legal protection in the U.S. for now.
• June 9–11, 2025: Lawmakers send a formal letter to Secretary of State Marco Rubio, demanding proof of life and intervention.
• Over 75 days: Hernández Romero has been held incommunicado at CECOT, with no access to lawyers or family.

Background: Why Was Hernández Romero Deported?

Andry Hernández Romero’s story is not unique, but it has become a symbol of the dangers facing many Venezuelan asylum seekers in the United States 🇺🇸. Hernández Romero fled Venezuela 🇻🇪 because he faced threats and violence due to being gay and for his political views. He entered the United States 🇺🇸 legally and passed a credible fear interview—a process where asylum seekers explain why they are afraid to return to their home country. He was waiting for a court hearing to decide his asylum claim.

However, before his hearing could take place, the Department of Homeland Security accused him of being connected to a gang, based on tattoos. These claims were never tested in court. On May 27, 2025, Judge Paula Dixon dismissed his asylum case at the government’s request, and he was deported to El Salvador, a country with high rates of violence against LGBTQ+ people.

Policy Changes Under the Trump Administration

The Trump administration has made several policy changes that have affected thousands of Venezuelan nationals:

• Rescinding Temporary Protected Status (TPS): TPS is a program that allows people from certain countries facing dangerous conditions to stay and work in the United States 🇺🇸. The administration ended TPS for Venezuelans, putting hundreds of thousands at risk of deportation.
• Ending Humanitarian Parole: Humanitarian parole allowed Venezuelans to enter and stay in the United States 🇺🇸 temporarily for urgent reasons. This program has also been stopped.
• Invoking the Alien Enemies Act: On March 15, 2025, the administration used the Alien Enemies Act of 1798 to deport noncitizens without giving them a chance to defend themselves in court. This law, originally passed over 200 years ago, allows the president to remove people from countries considered enemies during wartime or national emergencies.
• Terrorist Organization Designation: The White House labeled the Tren de Aragua gang as an international terrorist group on February 20, 2025. This has been used to justify mass deportations of Venezuelans, even when there is little or no evidence of individual wrongdoing.

Legal and Human Rights Concerns

Legal advocates, including the Immigrant Defenders Law Center (ImmDef), the ACLU, and Democracy Forward, argue that these actions violate both U.S. constitutional rights and international law. They say that deporting people without hearings denies them due process—the basic right to have their case heard by a judge. They also point out that sending LGBTQ+ asylum seekers like Hernández Romero to countries where they face violence and discrimination breaks international agreements that protect refugees from being returned to danger.

Lindsay Toczylowski, President and CEO of ImmDef, has strongly criticized the government’s actions, calling them a denial of due process and a threat to constitutional rights. ImmDef is appealing the dismissal of Hernández Romero’s asylum case to the Board of Immigration Appeals and is a lead plaintiff in the federal lawsuit J.G.G. v. Trump, which challenges the use of the Alien Enemies Act for these deportations.

The Human Impact: What’s at Stake for Venezuelan Nationals

The policy changes have affected a large number of Venezuelan nationals in the United States 🇺🇸:

• 117,330 entered under humanitarian parole, which is now rescinded.
• 348,202 had TPS under the 2023 designation, which ended on April 7, 2025.
• 242,700 have TPS under the 2021 designation, which will expire on September 10, 2025.

Without these protections, many Venezuelans are now at risk of being deported to countries where they could face persecution, violence, or even death. Over 250 men, including Hernández Romero, have been sent to CECOT in El Salvador under similar circumstances.

Rallies, Fundraisers, and Public Outcry

The case of Andry Hernández Romero has sparked rallies and fundraisers across the country. During WorldPride in Washington, D.C., activists, lawmakers, and LGBTQ+ leaders gathered to raise awareness and support for Hernández Romero and others in similar situations. These events have brought national attention to the dangers faced by LGBTQ+ asylum seekers and the need for stronger legal protections.

Multiple Perspectives: Lawmakers, Legal Advocates, and the Administration

• Lawmakers: The 52 Democratic lawmakers, led by Rep. Robert Garcia, have focused on the need for due process and human rights. They warn that allowing the government to “disappear” asylum seekers without oversight sets a dangerous precedent.
• Legal Advocates: Groups like ImmDef, the ACLU, and Democracy Forward argue that the government’s actions violate both the U.S. Constitution and international law. They stress the special risks faced by LGBTQ+ asylum seekers.
• Administration: Officials have not provided public evidence or detailed justification for Hernández Romero’s deportation. Secretary of State Marco Rubio has not responded to congressional inquiries, and Secretary of Homeland Security Kristi Noem has refused to confirm whether Hernández Romero is alive.
• LGBTQ+ and Human Rights Groups: These organizations highlight the high rates of violence against LGBTQ+ people in countries like El Salvador and Venezuela 🇻🇪, and the urgent need for protection.

Legal Pathways and Next Steps

Here’s what is happening now in the legal system:

1. Appeal to the Board of Immigration Appeals: ImmDef is appealing the dismissal of Hernández Romero’s asylum case. The Board of Immigration Appeals is the highest administrative body for interpreting and applying immigration laws. You can learn more about the appeals process on the U.S. Department of Justice’s Board of Immigration Appeals page.
2. Federal Lawsuit: ImmDef, the ACLU, and Democracy Forward are leading a lawsuit (J.G.G. v. Trump) to challenge the use of the Alien Enemies Act for deporting asylum seekers without due process.
3. Congressional Advocacy: Lawmakers are pressing for oversight, transparency, and the restoration of legal protections for Venezuelan nationals.

Implications for Stakeholders

• Asylum Seekers: The case of Andry Hernández Romero shows how quickly legal protections can be removed. Asylum seekers now face greater risks of deportation without a chance to present their case.
• Venezuelan Community: Hundreds of thousands of Venezuelans in the United States 🇺🇸 are now vulnerable to removal, even if they have lived in the country for years or have strong claims for protection.
• LGBTQ+ Individuals: LGBTQ+ asylum seekers face special dangers if deported to countries with high rates of violence and discrimination. Their cases highlight the need for careful review and protection.
• Legal Advocates: Groups like ImmDef are working to defend the rights of asylum seekers and challenge policies they see as unconstitutional.
• Lawmakers: Members of Congress are using their oversight powers to demand answers and push for policy changes.

What Can Affected Individuals Do?

If you or someone you know is affected by these policy changes, here are some steps to consider:

• Contact Legal Help: Reach out to organizations like the Immigrant Defenders Law Center (ImmDef) for legal advice and support. Their contact information is [email protected] or 213-634-2186.
• Stay Informed: Follow updates from trusted sources, including the U.S. Citizenship and Immigration Services (USCIS) for the latest on TPS, asylum, and other immigration programs.
• Advocate: Contact your congressional representatives to share your story and ask for their support in restoring protections for Venezuelan nationals.
• Participate in Community Events: Join rallies, fundraisers, or advocacy events to raise awareness and build support.

Looking Ahead: Legal and Political Developments

The outcome of ImmDef’s appeal and the federal lawsuit could set important precedents for the rights of asylum seekers and the limits of presidential power under the Alien Enemies Act. Lawmakers may hold further hearings or propose new laws to restore protections for Venezuelans and ensure due process for all asylum seekers. There is also speculation that the Supreme Court could eventually hear the case, given its importance for constitutional rights.

Summary Table: Key Facts

Conclusion: A Flashpoint for Immigration Policy and Human Rights

The case of Andry Hernández Romero has become a major test for U.S. immigration policy, executive authority, and the treatment of vulnerable asylum seekers. Lawmakers like Rep. Robert Garcia and Rep. Ritchie Torres are demanding transparency and accountability, while legal advocates fight to restore due process and protect the rights of those at risk. As reported by VisaVerge.com, the outcome of this case could shape the future of asylum protections and set new standards for how the United States 🇺🇸 treats those seeking safety from persecution.

For those seeking more information or needing legal help, official resources like the USCIS website and the Board of Immigration Appeals provide up-to-date guidance on immigration forms and procedures. The fight for justice and safety for Andry Hernández Romero and others continues, with the eyes of the nation—and the world—watching closely.

Learn Today

Asylum Seeker → A person fleeing their country seeking protection from persecution in another country.
Alien Enemies Act → An 1798 law allowing deportation of nationals from enemy countries during emergencies without judicial hearings.
Temporary Protected Status (TPS) → A U.S. immigration status granting temporary stay and work rights to nationals from unsafe countries.
Incommunicado → Being held without communication access to family, lawyers, or the outside world.
Board of Immigration Appeals → The highest administrative court in the U.S. handling immigration law appeals.

This Article in a Nutshell

Andry Hernández Romero’s deportation highlights risks Venezuelan asylum seekers face due to U.S. policy changes under Trump, sparking legal battles and urgent demands for proof of life and rights protections.
— By VisaVerge.com