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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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Congress

Eight Democrats break with party as House advances ‘Don’t Say Trans’ bill

Measure not expected to pass in Senate

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(Washington Blade photo by Michael Key)

The U.S. House of Representatives passed a federal “Don’t Say Trans” bill on Wednesday, attempting to force teachers to out transgender students nationwide.

The bill, House Resolution 2616, also called the “Stopping Indoctrination and Protecting Kids Act,” would require schools to get parental consent before allowing students to use their preferred, rather than originally assigned, gender markers, pronouns, or preferred name on any school form, and to use any sex-based accommodations, including locker rooms or bathrooms.

The bill amends Section 8526 of the Elementary and Secondary Education Act of 1965, legislation that allows for federal aid to help elementary and secondary education programs — particularly those under its lowest-income Title I-A program — to stop allocating funds to any education that teaches concepts “related to gender ideology.”

This is directly related to Executive Order 14168, also known as the “Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government” order, one of President Donald Trump’s first executive orders of his second term. It requires the federal government to recognize only sex assigned at birth and dismiss gender identity rather than sex.

The bill was sponsored by U.S. Rep. Tim Walberg (R-Mich.) and passed by a 217-198 margin. The vote fell mostly along party lines; however, eight Democrats voted for its passage. They were U.S. Reps. Henry Cuellar (D-Texas), Donald Davis (D-N.C.), Cleo Fields (D-La.), Laura Gillen (D-N.Y.), Vicente Gonzalez (D-Texas), Marcy Kaptur (D-Ohio), Marie Gluesenkamp Perez (D-Wash.), and Eugene Vindman (D-Va.).

Proponents of the bill argue a child’s gender identity should be directed by parents at home rather than in public schools.

Critics say this is dangerous and will force students to be outed by their teachers to parents — some of whom may not be supportive of their gender identity — which could lead to violence or possibly conversion therapy.

California Congressman Mark Takano, chair of the Congressional Equality Caucus, spoke on the House floor while the bill was being debated. 

“Republicans claim to be the party of small government, but they have no problem bringing the full force of the federal government down against children. The GOP thinks they can legislate transgender people out of existence with this inhumane Don’t Say Trans bill, but all they’re doing is making life worse for a small minority of already-vulnerable children,” Takano said. “I spent 24 years as an educator where I worked with hundreds of high school students and their parents. Most children go to their parents when they need help or are struggling — including transgender children — but not all parents are accepting. The forced outing provision of this bill puts teachers in an impossible situation by requiring them to out trans kids to their parents in certain situations — even if the teacher knows the student will likely face physical abuse. Students like these are who Republicans want to put in immediate physical danger with this bill.”

The Washington Blade talked to Tyler Heck, founder and executive director of the trans advocacy organization and Christopher Street Project PAC, following the bill’s passage.

“Most queer kids go to their families when they are figuring out who they are, and then not all queer kids have that option,” Heck told the Blade. “If this became law, it would harm those already vulnerable kids who rely on school as a safe place and might not have a safe place at home.”

They explained this is not about protecting parents’ rights to know what is going on with their children, but rather the weaponization of trans identity that has become a mainstream Republican ideal pushed by the Trump-Vance administration.

“Young people deserve the space to figure out who they are without the federal government interfering in their lives,” they said. “It is beyond the pale, or rather it should be beyond the pale, and has become a norm for Republicans in Congress to villainize kids, because I mean, this bill targets kids, it’s in the name of the bill, and it’s in the implications.”

Heck continued, saying that amid the rising cost of everyday necessities — from gas to groceries — and while the Trump-Vance administration continues to defund programs intended to help the most vulnerable Americans while creating slush funds for political allies, this is not what Congress should be focusing on.

“At a time when people are really struggling, and politicians need to be focused on lowering costs, they’re using queer and trans kids as political pawns,” Heck said. “They want to divide and conquer this country, and we need to stand up against them and unite behind values of inclusion and of trust in our teachers.”

David Stacy, the Human Rights Campaign’s vice president of government affairs, provided a statement to the Blade.

“Trans kids are not a political agenda — they are students who deserve safety and affirmation at school like anyone else,” Stacy said. “Despite the many pressing issues facing our nation, House Republicans continue their bizarre obsession with trans people. HR 2616 does not protect children. It targets them. This bill is cruel, and we’ll continue to fight to ensure it never becomes law.”

The bill will move to the U.S. Senate in the coming days and weeks, but it must first be reviewed by a Senate committee before leadership schedules it for a floor vote, where it will need 60 votes to pass.

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Bill seeks to block global gag rule expansion

Policy now bans US foreign aid to groups promoting ‘gender ideology’

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President Donald Trump speaks at the State of the Union address at the U.S. Capitol on Feb. 24, 2026. A bill would block his administration's expansion of the global gag rule. (Washington Blade photo by Michael Key)

Lawmakers on Wednesday introduced a bill that would block the expansion of the global gag rule.

President Ronald Reagan in 1985 implemented the global gag rule, also known as the “Mexico City” policy, which bans U.S. foreign aid for groups that support abortion and/or offer abortion-related services.

Trump reinstated the rule during his first administration. The Biden-Harris administration shortly after it took office in 2021 rescinded it.

The Trump-Vance administration earlier this year expanded the global gag rule to ban U.S. foreign aid for groups that promote “gender ideology.” The expansion took effect on Feb. 26.

U.S. Sens. Jeanne Shaheen (D-N.H.) and Jacky Rosen (D-Nev.) introduced the Protecting Human Rights and Public Health in Foreign Assistance Act in the U.S. Senate. U.S. Reps. Grace Meng (D-N.Y.), Lois Frankel (D-Fla.), Diana DeGette (D-Colo.), Pramila Jayapal (D-Wash.), Sara Jacobs (D-Calif.), and Gregory Meeks (D-N.Y.) introduced it in the U.S. House of Representatives.

“Using taxpayer money to export the Trump administration’s anti-trans, anti-science, and anti-abortion ideological agenda isn’t just immoral — it’s antithetical to efficient, effective, and rights-based foreign assistance,” said Council for Global Equality Senior Policy Fellow Beirne Roose-Snyder on Wednesday in a press release.

Meng added the Trump-Vance administration’s “crusade against healthcare and global aid is putting millions of lives at risk worldwide.” 

“No one will flourish under the new expanded global gag rule,” said the New York Democrat. “These policies weaponize foreign aid and will result in greater harm, particularly for women and girls, marginalized communities, and LGBTQI+ individuals.”

“They should never have been implemented at all, let alone without even a basic public comment process,” she added. “This legislation will reverse these dangerous policies.”

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Top Democrats re-introduce trans bill of rights

Lawmakers spoke outside US Capitol on Wednesday

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U.S. Rep. Pramila Jayapal (D-Wash.) and U.S. Sen. Ed Markey (D-Mass.) speak at a press conference outside the U.S. Capitol on Feb. 11, 2026. (Washington Blade photo by Joe Reberkenny)

U.S. Sen. Ed Markey (D-Mass.) and U.S. Reps. Pramila Jayapal (D-Wash.), and Sara Jacobs (D-Calif.) announced the reintroduction of a “Trans Bill of Rights” on Wednesday.

Despite chilling winds and snow on the ground, transgender activists, LGBTQ rights advocates, and trans-supporting lawmakers gathered outside the U.S. Capitol to announce the reintroduction of the “Transgender Bill of Rights” resolution to protect trans Americans, as the Trump-Vance administration continues to target LGBTQ Americans.

About 30 people gathered outside to hear from legislators and individuals impacted by recent White House policies.

“Today we say loud and clear that trans rights are human rights, and they must be protected every single day of every single year,” Markey told the crowd. “We stand together in solidarity with the trans community and with those who have too often been left behind by a system that refuses to recognize their humanity. We are here to ensure that every trans and gender-diverse person in America can live freely and safely and authentically. That’s what the Trans Bill of Rights is all about.”

Markey is leading the resolution on the Senate side, while Jayapal is pushing it forward in the House.

“With the Trans Bill of Rights, we are laying out a comprehensive vision to provide protections for transgender and nonbinary people — a vision that ensures every single person has a chance to thrive,” Jayapal said. “A vision that says: you are us, you belong, and you are worthy of the same rights as everyone else. This bill supports amending the Civil Rights Act to ensure that trans people have the same rights and protections as all other Americans. It creates a level playing field where trans people no longer have to fight tooth and nail to get the same treatment as their cisgender friends.”

The resolution for House and the Senate reads:

“Recognizing that it is the duty of the federal government to develop and implement a Transgender Bill of Rights to protect and codify the rights of transgender and nonbinary people under the law and ensure their access to medical care, shelter, safety, and economic security.”

Trans Legislation Tracker, an independent research organization that collects data on anti-trans legislation from the hyper-local level to the floor of the U.S. Senate, found that in 2025, 1,022 measures were proposed across the country to restrict the rights of trans Americans — from health care removals to bathroom bans.

Markey directly called out those lawmakers for what he described as discriminatory actions taken against trans Americans who, as he pointed out, are fighting for rights that everyone else is inherently given.

“Trump and MAGA Republicans have used the power of government to spread fear and hate across our country. They have tried to ban lifesaving and medically necessary health care, strip anti-discrimination protections, and turn trans lives into political talking points for their benefit. Well, we have a message for them: we are louder, we are stronger, and we are not going anywhere. We’re in this fight for the long term,” the Massachusetts senator said.

Jacobs, a co-chair of the Transgender Equality Task Force within the Congressional Equality Caucus, also spoke at the event.

“Trans Americans are being targeted just for being who they are — by laws and court decisions that try to erase them from classrooms, from courts and fields, from health care and public life. These attacks aren’t about safety or fairness,” Jacobs said. “They’re about hatred and instilling fear. And we know how quickly fear can warp into suspicion and violence with deadly consequences.”

In addition to lawmakers, trans Americans and supporters spoke.

Olivia Hunt from Advocates for Trans Equality, LaLa Zannell from the American Civil Liberties Union, as well as three additional people who have been actively harmed by the ongoing wave of anti-trans legislation, shared their stories.

Hunt emphasized the staggeringly high number of anti-trans bills being introduced in statehouses across the country — despite trans adults making up less than 1 percent of the population, according to the Williams Institute’s 2025 data.

“Since 2020, thousands of anti-LGBTQIA+ bills have been introduced in statehouses across the country,” Hunt said. “It’s a veritable tidal wave of political bullying disguised as legislation, and most of these bills specifically target transgender and nonbinary people — especially trans youth and their families. This is a moment that demands action.”

Hunt, who is trans, helps trans people in D.C. obtain legal documents that match their gender identity — something the Trump-Vance administration has stopped.

“Trans youth deserve to be protected by their government. They shouldn’t have to be protected from their government,” she said. “It’s long past time that our federal laws reflect and protect the reality and dignity of all people. Trans people have always existed — we are your neighbors, your family members, your community — and we belong.”

Zannell, who spoke proudly about her trans identity, explained why the bill is necessary and how it would protect trans people in all facets of their lives.

“I stand here as an unapologetic Black trans woman who has led this movement for over a decade to get us to moments like this. The reintroduction of the Trans Bill of Rights will aim to protect access to gender-affirming care, prevent discrimination in housing and public spaces, and preserve legal recognition,” Zannell said. “My hope is that this affirms our government’s duty to protect all trans and nonbinary people.”

The Transgender Bill of Rights is cosponsored in the Senate by U.S. Sens. Jeff Merkley (D-Ore.), Elizabeth Warren (D-Mass.), Mazie Hirono (D-Hawaii), Ron Wyden (D-Ore.), Martin Heinrich (D-N.M.), Alex Padilla (D-Calif.), Bernie Sanders (I-Vt.), and Peter Welch (D-Vt.).

In the U.S. House of Representatives, the resolution is led by Jayapal, co-led by Jacobs and U.S. Rep. Mark Takano (D-Calif.), with nearly 100 other representatives signing on as co-sponsors.

“To all trans people across the United States: you are seen, you are valued, and you are loved,” said Markey. “And I want you to know there are people who will fight for you every single day on the floor of the House and Senate to win those rights for you.”

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