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EXCLUSIVE: Garcia demands answers on deportation of gay Venezuelan asylum seeker

Congressman’s correspondence was shared exclusively with the Blade

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Andry Hernández Romero (photo credit: Immigrant Defenders Law Center)

U.S. Rep. Robert Garcia (D-Calif.) is demanding answers from the Trump-Vance administration on its deportation of Andry Hernández Romero, a gay Venezuelan makeup artist who was sent to a prison in El Salvador in violation of a federal court order and in the absence of credible evidence supporting the government’s claims about his affiliation with a criminal gang.

Copies of letters the congressman issued on Thursday to Immigration and Customs Enforcement and CoreCivic, a private prison contractor, were shared exclusively with the Washington Blade.

Garcia noted that Hernández, who sought asylum from persecution in Venezuela over his sexual orientation and political beliefs, had entered the U.S. legally, passed a preliminary screening, and had no criminal record.

Pro-bono lawyers representing Hernández during his detention in the U.S. pending an outcome in his asylum case were informed that their client had been removed to El Salvador a week after he failed to show for a hearing on March 13.

Hernández’s family now fears for his safety while he remains in El Salvador’s Terrorism Confinement Center (CECOT), which has a well documented record of human rights abuses, Garcia said.

Additionally, the congressman wrote, while experts say Tren de Aragua does not use tattoos as identifiers, the “primary evidence” supporting Hernández’s deportation based on his supposed links to the transnational Venezuelan gang “appears to have been two crown tattoos labeled ‘Mom’ and ‘Dad,’ which are common cultural symbols in his hometown.”

The determination about his links to or membership in the organization was made by a CoreCivic employee whose criminal record and misconduct as a law enforcement officer led to his termination from the Milwaukee Police Department, Garcia wrote in his letter to the company.

Requesting a response by May 1, the congressman asked CoreCivic President Damon T. Hininger to address the following questions:

  • What qualifications and training does CoreCivic require for employees tasked with making determinations about detainees’ affiliations?
  • What protocols are in place to ensure that determinations of gang affiliation are based on credible and corroborated evidence?
  • How does CoreCivic oversee and review the decisions made by its employees in such critical matters?
  • What mechanisms exist to prevent and address potential misconduct?
  • What is the nature of CoreCivic’s collaboration with ICE in making determinations that affect deportation decisions? Are there joint review processes?
  • What background checks and ongoing assessments are conducted for employees involved in detainee evaluations, particularly those with prior law enforcement experience?
  • What guidelines does CoreCivic follow regarding the use of tattoos as indicators of gang affiliation, and how does the company ensure that cultural or personal tattoos are not misinterpreted?

In his letter to Tae D. Johnson, acting director of ICE, Garcia requested answers to the following questions by May 1:

  • Did ICE personnel independently review and approve the determination made by CoreCivic employee Charles Cross Jr. identifying Mr. Hernández Romero as a member of the Tren de Aragua gang?
  • What evidence, beyond Mr. Hernández Romero’s tattoos, was used to substantiate the claim of gang affiliation?
  • Under what legal authority are private contractors like CoreCivic permitted to make determinations that directly impact deportation decisions?
  • What vetting processes and background checks are in place for contractors involved in such determinations? Are there oversight mechanisms to ensure their credibility and adherence to due process?
  • What guidelines does ICE follow regarding the use of tattoos as indicators of gang affiliation, and how does the company ensure that cultural or personal tattoos are not misinterpreted?

Together with U.S. Rep. Maxwell Frost (D-Fla.), Garcia wrote to U.S. Rep. James Comer (R-Ky.) on Tuesday requesting permission to bring a congressional delegation to CECOT for purposes of conducting a welfare check on detainees, expressing specific concern for Hernández’s wellbeing. The congressmen said they would “gladly include any Republican Members of the committee who wish to participate.” 

Hernández’s case has drawn fierce criticism of the Trump-Vance administration along with calls for his return to the U.S.

Influential podcaster and Trump ally Joe Rogan spoke out in late March, calling the deportation “horrific” and “a horrible mistake.”

Last week, California Gov. Gavin Newsom (D) sent a letter to Kristi Noem, secretary of the U.S. Homeland Security, which manages ICE, demanding Hernández’s immediate return and raising concerns with the right to due process amid the administration’s crackdown on illegal immigration.

Hernández “was denied the opportunity to defend himself against unsubstantiated allegations of gang involvement or to present his asylum claim,” the governor wrote. “We are not a nation that sends people to be tortured and victimized in a foreign prison for public relations victories.”

Immigrant Defenders Law Center President Lindsay Toczylowski, who is representing Hernández, has not been able to reach her client since his removal from the U.S., she told NBC News San Diego in a report published April 11.

“Under the Constitution, every single person has a right to due process, and that means they have a right to notification of any allegations the government is making against them and a right to go into court and prove that those allegations are wrong if that’s the case,” she said. “In Andry’s case, the government never gave us that opportunity. In fact, they didn’t even bring him to court, and they have forcefully sent him to El Salvador without ever giving us any notice or without telling us the way that we could appeal their decision.”

“CECOT, this prison where no one has ever left, where people are held incommunicado, is a very dangerous place for someone like Andry,” Toczylowski said.

In March, a DHS spokesperson posted on X that Hernández’s “own social media indicates he is a member of Tren de Aragua,” though they did not point to any specific posts and NBC reported that reviews of his known social media accounts turned up no evidence of gang activity.  

During a visit to CECOT in March, Time Magazine photographer Philip Holsinger photographed Romero and reported that the detainee plead his innocence — “I’m not a gang member. I’m gay. I’m a stylist.” — crying for his mother as he was slapped and his head was shaved.

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Marjorie Taylor Greene’s bill to criminalize gender affirming care advances

Judiciary Committee markup slated for Wednesday morning

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U.S. Rep. Marjorie Taylor Greene (R-Ga.) (Washington Blade photo by Michael Key)

U.S. Rep. Marjorie Taylor Greene (R-Ga.)’s “Protect Children’s Innocence Act,” which would criminalize guideline-directed gender affirming health care for minors, will advance to markup in the House Judiciary Committee on Wednesday morning.

Doctors and providers who administer medical treatments for gender dysphoria to patients younger than 18, including hormones and puberty blockers, would be subject to Class 3 felony charges punishable by up to 10 years in prison if the legislation is enacted.

LGBTQ advocates warn conservative lawmakers want to go after families who travel out of state to obtain medical care for their transgender kids that is banned or restricted in the places where they reside, using legislation like Greene’s to expand federal jurisdiction over these decisions. They also point to the medically inaccurate way in which the bill characterizes evidence-based interventions delineated in standards of care for trans and gender diverse youth as “mutilation” or “chemical castration.”

Days into his second term, President Donald Trump signed “Protecting Children from Chemical and Surgical Mutilation,” an executive order declaring that the U.S. would not “fund, sponsor, promote, assist, or support the so-called ‘transition’ of a child from one sex to another, and it will rigorously enforce all laws that prohibit or limit” medical treatments and interventions intended for this purpose.

Greene, who has introduced the bill in years past, noted the president’s endorsement of her bill during his address to the joint session of Congress in March when he said “I want Congress to pass a bill permanently banning and criminalizing sex changes on children and forever ending the lie that any child is trapped in the wrong body.”

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Pappas in Senate race focuses on costs, health care, and personal freedoms

Gay NH congressman hopes to succeed retiring US Sen. Jeanne Shaheen

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U.S. Rep. Chris Pappas (D-N.H.) launches his U.S. Senate campaign with a kick-off event at his family's restaurant in Manchester, N.H., on April 3, 2025 (Photo courtesy of Chris Pappas for Senate)

U.S. Rep. Chris Pappas (D-N.H.) recently sat down with the Washington Blade for an exclusive interview following the official launch of his bid for New Hampshire’s open U.S. Senate seat, which is expected to be among the most closely watched contests of the 2026 midterm election cycle. 

The congressman, who is serving his fourth term as the representative for New Hampshire’s 1st Congressional District, expects next year’s race will be “very high profile” and “challenging.” The New York Times, meanwhile, anticipates “an expensive and dogged affair.” 

Senate elections tend to attract a disproportionate share of attention and resources especially in recent years as control over the chamber has tended to change hands more often and with smaller margins, but Pappas’s race is expected to be a bellwether for Democrats as they work to mount a comeback after last year’s electoral defeat. 

At the same time, Pappas is gearing up for the battle over the Republican led reconciliation spending bill, with Democratic lawmakers exercising what little leverage they may have in the minority to fight against “disastrous cuts to Medicaid” while “finding other ways to protect what’s important to the people that we represent.” 

Lawmakers on Sunday night gave the go-ahead for the GOP’s tax and spending package, but negotiations continue into this week as Speaker Mike Johnson (R-La.) works to appease conservative hardliners and swing district Republicans. 

Granite Staters are “really concerned” about negotiations in Washington over spending, but also with the exigencies created by President Donald Trump over the past 100+ days of his second term, which have cropped up repeatedly during the town hall-style events in New Hampshire that Pappas has headlined over the spring. 

“That’s part of the reason why things are so challenging here in Washington,” the congressman said. “Oftentimes you’re pulled in 10 different directions on any given day based on what this administration is trying to do, based on what Republicans in Congress are trying to do.” 

“We’ve got to figure out how we can shed light on what’s happening, try to confront the damage, and use whatever tools we have to fight back,” he said, while remaining “focused on those things that matter most, whether that’s people losing their health insurance, cuts to programs like Social Security, and people’s access to their benefits.” 

The US Senate election

“I’ve got a strong foundation of support” for the Senate race, Pappas told the Blade, noting “I’ve run four campaigns for the House in half the state of New Hampshire” whose congressional map is cleaved into halves with the congressman’s constituents in the eastern portion of the state while freshman Democratic Congresswoman Maggie Goodlander represents the 2nd District. 

Following the announcement in March that New Hampshire’s senior U.S. senator, Jeanne Shaheen (D), would not be seeking reelection next year, “I spent the first couple weeks,” Pappas said, “talking directly with folks all across New Hampshire to see what was on their minds, and increasingly, I was hearing from people that they wanted me to jump into the race.” 

The sentiment was shared by Shaheen and the rest of the state’s congressional delegation — Goodlander and U.S. Sen. Maggie Hassan (D) — who quickly endorsed Pappas’s bid. Speculation that the state’s popular former governor Chris Sununu, a Republican, might mount a formidable challenge for the seat ended with his announcement last month that he would not enter the race. 

Even if Pappas is on the glidepath for the Senate, which is difficult to handicap so far in advance of November 2026, the election is expected to draw substantial attention and resources. 

According to the Cook Political Report, of the Senate seats that will be up for grabs in the midterms, nine are held by incumbent Democrats and 19 by incumbent Republicans who are expected to easily win reelection, which leaves just five races whose outcomes are less certain and which therefore are likely to earn most of the attention and resources next year: The blue-leaning open seat in New Hampshire, an open seat in Michigan that is currently deemed a toss-up, the seat in Georgia held by incumbent Democratic U.S. Sen. Jon Ossoff, which is also considered a toss-up, and the red-leaning seats held by incumbent GOP U.S. Sens. Susan Collins of Maine and Thom Tillis of North Carolina.

While the maps present long-shot odds of Democrats regaining control of the upper chamber even though Republicans had reclaimed the Senate majority last year by flipping just four seats for a modest margin of 53-47, races like Pappas’s are expected to be testing grounds for the minority party’s major campaigns midway through Trump’s second term. 

New Hampshire has long been a political battleground where elections tend to be close and voters tend to split the ticket. According to the Cook Partisan Voting Index, only three U.S. states are less politically partisan: Michigan, Wisconsin, and Georgia. The determination is based on data collated from the 2020 and 2024 presidential elections, where voters in both of the Granite State’s two congressional districts favored Joe Biden and Kamala Harris over Donald Trump while supporting the Republican gubernatorial nominees, Chris Sununu and Kelly Ayotte. 

Shaheen has “really built a brand that’s based on serving people and delivering for the constituents of New Hampshire,” Pappas said. “So that’s the kind of work that I want to carry on — but recognizing, in this time, that we really have to stand up and fight and be a part of our response to what this administration is doing.”

“We do need to re-establish some basic checks and balances here in Washington, so that there is oversight and accountability of an administration that’s blowing through all the guardrails and is really estranged from public opinion and from the Constitution,” he said, while continuing “to find ways to meet people where they are, to hear their stories, and to connect the fight here in Washington to people’s lives back home.” 

Responding to the needs of Granite Staters

Specifically, while “people are responding to a lot of different stories,” Pappas highlighted concerns about “cuts to specific programs, the fact that we’ve got 80,000 VA employees that are going to be fired,” and over the direction in which care for veterans is headed under the new administration. 

“The big fight right now is around health care,” he said. “It’s around defending Medicaid coverage, ensuring we’re going to continue to have a Medicaid expansion program in New Hampshire, which is something that I’ve worked with then-Gov. Maggie Hassan to implement, and whether we’re going to have tax fairness and prevent huge tax breaks from going to the wealthiest Americans and the biggest corporations.”

Asked about cuts to medical research that are impacting research universities across the country, Pappas said the issue has been raised often in discussions with people in his home state.

“The University of New Hampshire does a tremendous amount of research with federal funds,” he noted, “and that’s something that we’ve worked hard through the years to advocate for, and it’s really important for the university to continue to be able to do that work and help us understand the world around us, how it’s changing, and how we can respond to protect public health, for instance, to protect our communities against sea level rise — those are just important priorities.” 

Unlocking “breakthroughs in science and medicine” is important for America’s global competitiveness, the congressman added, whether by “homegrown talent here in the United States or research scientists from around the world that want to come to our country and share their expertise and help the United States move forward.”

“Donald Trump has decided that universities and colleges are a political enemy of his, and he’s trying to punish them, but in doing that, he’s really short changing our economy and the future of the United States,” Pappas said, adding, “most people recognize that, especially people in New Hampshire.” 

The congressman recounted how he was able to work closely with his colleagues in the state’s congressional delegation to leverage public pressure and influence by labor unions to reinstate probationary employees at the Portsmouth Naval Shipyard who were let go following drastic cuts to the federal workforce under the Trump-Vance administration. 

“It’s really critical to the future of that facility, which rehabilitates our nuclear submarine fleet and has nearly 7,000 civilian employees,” Pappas said. “So that was one case where we found that we were able to get a lot of local attention and support around an issue, and perhaps that news made it all the way back here to the Defense Department who were concerned about public pressure.”

“We’ve got a lot of long-time employees at that shipyard,” along with “a lot of new people that have been brought on board as a result of an expansion over the last several years,” the congressman noted. “Across the board, people want to know that we’re focused, especially on our families’ bottom line right now,” which is why it was important for him and his colleagues to “go to bat for a facility that’s really important to people’s livelihoods, but also to our overall economy” and for national security. 

Moving forward, Pappas said, they will continue pushing back against “efforts to attack the right to organize and collective bargaining,” because “unions at the shipyard have a great relationship with management, but that could be disrupted by political efforts from this administration to attack labor unions.” 

The economy and protecting personal freedoms

The congressman said that while “we need to try a little bit of everything to try to identify what is going to break through,” at the same time, “I do have the sense that the last election hinged on the economy, that every election really hinges on the economy, and those are the issues that are going to be, I think, most salient to folks next year.” 

“We’ve got to make sure that we’re making progress at addressing inequities in the economy and are lowering costs,” he said. “Right now, the top issues that I hear about in New Hampshire include the high cost of housing, the lack of affordability of child care, the fact that our health care system is still inaccessible, and far too expensive for most people to be able to get the care that they need.” 

“We’re not getting any of that from Republicans right now,” Pappas said, when it comes to the “work we have to do to level the playing field in our economy,” adding, “they talked a big game in the last campaign about lowering costs, but they’re taking no meaningful action to do it, and so we need to be thoughtful about a really forward-thinking agenda that can focus on how we allow people to get ahead and stand in this economy.” 

Asked about whether and to what extent Pappas will focus his messaging on the president’s tariffs, he noted “people are already responding,” especially in “a state like New Hampshire that has a longstanding close relationship with Canada.”

He continued, “88 percent of our small businesses import something. We have a lot of exporting businesses that rely on their markets overseas, including in places like Canada and China, and some of those markets are going away because of the tariffs that have been slapped on U.S. goods that we export.” 

Trump’s trade war “has generated so much instability in our economy, it’s really hard for our small businesses to navigate,” Pappas said, with these new “disruptions to supply chains and the threat of increased costs” following a “really tough 5-year period from inflation and workforce shortages to the pandemic that predated that.” 

“This is an issue that I think brings people together across party lines,” Pappas said. “Folks understand that we have trade agreements in place that have been negotiated [and] supported on a bipartisan basis, including” the United States-Mexico-Canada Agreement, “which was renegotiated during the first Trump administration.” 

The congressman continued, “it only makes sense to move forward in a way where we are focused on how we can make more things in the United States, but also recognize that we can’t make everything and we can’t go it alone, so we need to be working with close partners like Canada, and there’s no there’s no reason for this sort of trade war that only hurts our businesses and our ability to create jobs and have a thriving economy.”

“I also think, with respect to personal freedoms, in the wake of the Dobbs decision, we have to continue to take steps to re-establish Roe v. Wade as the law of the land and defend reproductive freedom,” Pappas said. 

“I’m the only candidate in this race right now, and I think regardless of who the Republican is, we’re going to be fighting for the Women’s Health Protection Act and to make sure that we’re re-establishing the precedent that Roe set for more than half a century, which is broadly supported in New Hampshire,” he said. 

LGBTQ issues

A co-chair of the Congressional Equality Caucus, Pappas is the first openly gay member of Congress to represent New Hampshire. If elected, he would be the third out LGBTQ U.S. senator behind U.S. Sen. Tammy Baldwin (D-Wis.) and Laphonza Butler, who served from 2023 to 2024.  

Trump, along with his Republican allies in Congress and appointees serving in his second administration, has undermined rights and protections for LGBTQ people on a variety of fronts, including by dismantling and defunding efforts to fight against HIV. Cuts to basic and clinical science research along with public health programs have been advanced by the president’s budget and the GOP lawmakers’ reconciliation package, as well as through the reorganization of the U.S. Department of Health and Human Services under Secretary Robert F. Kennedy Jr. 

Now in the minority, House Democrats “will not be in the room negotiating, as much as we would love to tell the majority exactly how we feel about all these items,” Pappas conceded. At the same time, “to get a budget put in place and appropriations bills passed, you’ll need 60 votes in the Senate, which means you need some sort of bipartisan consensus, at least in that body,” which “could potentially be a difference maker in defending some of these programs that folks care about, that the president has sought to eliminate.”

“Services for people with HIV, access to health care, vital research — those are things that Americans broadly support,” the congressman said. “We’re going to stand up against it, and where there’s harm to people and important priorities, I’ll certainly be speaking out, and I know that members of the Equality Caucus will be taking that very seriously.” 

“Many people in this administration,” Pappas said, “are not traditional Republicans and don’t support the same set of policies that we’ve seen even Republican presidents put in place,” like the PEPFAR initiative led by George W. Bush, “which has changed the trajectory of the treatment of HIV and AIDS around the world.” 

“Now, they are attacking that program and its ability to provide care for people in some of the most vulnerable regions of the world, and it’s been reported that individuals in Africa have died as a result of not getting the treatments that they were counting on through that program,” the congressman noted. 

He continued, “We really have a human responsibility to do whatever we can to meet the needs of people who are susceptible to disease or who have been exposed to it, and the fact that this administration is breaking with that long bipartisan tradition of research, of humanitarianism, I think is incredibly cruel, and it’s not what the United States should stand for.” 

What has been especially frustrating, Pappas said, is the silence from Republicans in Congress including those who “have championed these programs for decades.” 

“I don’t know what to say to that,” he said, except that “people need to be paying attention and we need to do everything possible to speak out and fight back against it” because “we can’t see an interruption in terms of the progress that’s been made in fighting disease and developing new therapies.” 

Public health aside, when asked about how the Democratic Party should approach messaging on issues of transgender rights and gender identity, Pappas stressed that “Americans largely embrace equality” and people want others “to have the same rights and responsibilities.” 

The congressman raised the Equality Act as an example — a bill that would protect Americans against discrimination on the basis of sexual orientation and gender identity in areas from housing to employment, which was reintroduced last month with a press conference headlined by Pappas and top Democrats from both chambers of Congress. 

Democrats should not shy away from advancing bills that advance “fairness and equality before the law,” he said, “especially at a time where we know that the LGBTQ community is being targeted by really cynical political attacks.”

“Where I come from, in New Hampshire, we’ve adopted protections for trans individuals in our state’s non discrimination statutes,” Pappas noted, “and so I think when you come from an environment like New Hampshire, you understand that people do respect their neighbors for their differences.” 

He continued, “We’re a live and let live state, and so I think it’s really consistent with who we are to be tolerant and embrace people of different identities and orientations. That’s who we are as Granite Staters. And I think people recognize that in order to have a future where everyone can live a full and productive life, you need to provide people with equality before the law.”

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Garcia confronts Noem over gay asylum seeker ‘forcibly removed’ to El Salvador

Andry Hernández Romero is makeup artist from Venezuela

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Andry Hernández Romero (photo credit: Immigrant Defenders Law Center)

California Congressman Robert Garcia on Wednesday asked Homeland Security Secretary Kristi Noem about the well-being of a gay asylum seeker from Venezuela who the U.S. “forcibly removed” to El Salvador.

The gay Democrat during a House Homeland Security Committee hearing asked Noem whether Andry Hernández Romero is “alive” and whether “we can check and do a wellness check on him.”

“This individual is in El Salvador, and the appeal would be best made to the president and to the government of El Salvador,” Noem told Garcia.

The Trump-Vance administration in March “forcibly removed” Hernández, who asked for asylum because of persecution he suffered due to his sexual orientation and political beliefs, and other Venezuelans from the U.S. and sent them to El Salvador.

The White House on Feb. 20 designated Tren de Aragua, a Venezuelan gang, as an “international terrorist organization.” President Donald Trump on March 15 invoked the Alien Enemies Act of 1798, which the Associated Press notes allows the U.S. to deport “noncitizens without any legal recourse.”

Alvaro M. Huerta, director of litigation and advocacy for the Immigrant Defenders Law Center, a Los Angeles-based organization that represents Hernández, said officials with U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection claimed their client is a Tren de Aragua member because of his tattoos.

The Washington Blade on April 17 reported Hernández was sent to El Salvador’s Terrorism Confinement Center, a maximum-security prison known by the Spanish acronym CECOT.

Garcia, along with U.S. Reps. Maxwell Alejandro Frost (D-Fla.), Maxine Dexter (D-Ore.), and Yassamin Ansari (D-Ariz.) last month met with U.S. Ambassador to El Salvador William Duncan and embassy staffers in San Salvador, the Salvadoran capital. The lawmakers did not visit CECOT, but Garcia told the Blade that the embassy agreed to ask the Salvadoran government to “see how (Hernández) is doing and to make sure he’s alive.”

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