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U.S. Rep. Robert Garcia (left) and Andry Hernández Romero
“I think Pride Month is an opportunity to highlight his story even more,” U.S. Rep. Robert Garcia told The Advocate.
With no proof of life in more than 80 days, California U.S. Rep. Robert Garcia and 51 other Democratic lawmakers on Capitol Hill in Washington, D.C., are demanding that Secretary of State Marco Rubio intervene in the case of Andry José Hernández Romero — a gay Venezuelan asylum-seeker who vanished after being secretly deported by U.S. immigration authorities to El Salvador’s notorious CECOT mega-prison.
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In a Monday letter, members of Congress and senators pressed the State Department to conduct an urgent wellness check, facilitate access to legal counsel, and work to secure Hernández Romero’s immediate release. The 31-year-old had fled Venezuela due to persecution for his sexual orientation and political views and entered the U.S. legally after remaining in Mexico until summoned in December through the CBP One app. He passed a credible fear interview and awaited his court date when Immigration and Customs Enforcement agents allegedly removed him without due process to CECOT—a prison internationally condemned for abuse and arbitrary detention.
Related: Robert Garcia demands answers in case of gay Venezuelan migrant deported to El Salvador prison
“We are deeply concerned about the health and wellbeing of Mr. Hernández Romero,” lawmakers wrote. “No mother should have to worry that their child will be forcibly disappeared from the United States without due process.”
The letter notes that Hernández Romero has no criminal record and that ICE has never presented evidence of wrongdoing. “The United States government, alone, is responsible for Mr. Hernández Romero’s imprisonment,” they wrote.
In an interview with The Advocate, Garcia, who is gay and a naturalized citizen, emphasized the stakes. “It’s been over 80 days since we’ve had any proof of life,” he said. “His story has just really particularly galvanized the LGBTQ+ community. The more that people hear about it, I think the more people are outraged.”
Related: Jon Lovett and Tim Miller team up to ‘raise hell’ over gay asylum-seeker vanished to El Salvador by Trump
According to his legal team, Hernández Romero was flagged based on tattoos of crowns labeled “Mom” and “Dad,” which ICE contractors misidentified as gang-related. The markings, his lawyer said, are traditional Three Kings Day imagery from his hometown of Capacho. Still, he was deported under a Trump-era revival of the Alien Enemies Act. “We gave him an appointment,” Garcia said, “and then we send him to a foreign prison that’s not even from the country he was from.”
During a May 14 congressional hearing, Garcia confronted Homeland Security Secretary Kristi Noem, pleading for confirmation that Hernández Romero was alive. She refused to consider what he had to say. “I was honestly just really hoping to appeal to her humanity,” Garcia told The Advocate. “She’s a mother. She knows what it’s like to have children that she cares about. And yet Andry’s mother has no idea if he’s alive or if he’s healthy or if he’s hurt or anything. I just was hoping that we would get something out of her, but of course, we got nothing. It’s really sad to see that someone can be so heartless.”
The Department of Homeland Security has refused to conduct a welfare check. Noem stated publicly that CECOT is “one of the tools in our toolkit,” despite the prison’s reputation as a site of torture, anti-LGBTQ+ violence, and inhumane conditions.
“I told folks, including some more conservative members and Republicans, ‘regardless of your opinion on immigration, this is about due process. This is about the Constitution of the United States,” Garcia told The Bulwark’s Sarah Longwell at a WorldPride “Free Andry” fundraiser and podcast taping hosted by Crooked Media and The Bulwark on Friday in Washington. “And yet we sent this young gay man to a foreign prison in a country he’s never lived in.”
Garcia recounted that during an April visit to El Salvador, he personally told U.S. Ambassador William Duncan about Hernández Romero’s case. “We were this close away from each other,” Garcia said. “And he looked right back at me and said, ‘This is the first I’ve heard of this.’” The ambassador promised to request a wellness check, but no confirmation of life has ever been received.
Garcia told The Advocate that the story remains underreported, particularly during Pride Month. “This is a story that I think has captured the attention of a lot of folks across the country,” he said. “Our community, others, and members of Congress are outraged, rightly so.”
Related: Kristi Noem won’t say if gay asylum-seeker deported to El Salvador’s ‘hellhole’ prison is still alive
He described Hernández Romero’s case as distinct from other high-profile deportation controversies, such as that of Kilmar Abrego Garcia, a Maryland man whom the administration admitted sending to El Salvador by mistake. “Andry’s case is unique,” Garcia said. “Being gay is the reason why he left his country. We have a process in the United States. He went through his first interview here, which basically gave him clearance to move forward in the process. And yet we just betrayed him—and I think our values at the same time.”
Monday’s letter follows increased media attention on Abrego Garcia’s dramatic return to the U.S. last week when he was indicted on smuggling and gang-related charges. While the Trump administration framed the case as vindication of its third-country deportation policy, critics noted that the Supreme Court had ruled the practice unconstitutional and ordered Abrego Garcia’s return. Former DOJ officials raised concerns that the charges were timed to have a political impact. One senior former prosecutor told NBC News that the case was “odd,” suggesting it was more about political messaging than justice.
Despite the fallout from that case, Garcia said Andry’s story stands on its own as a human rights crisis. “Somehow, he’s basically been kidnapped, and there’s no way of knowing how he’s doing,” he said. “This is an issue about due process. At the end of the day, everyone in this country deserves a chance for due process. It’s in the Constitution—including citizens and non-citizens alike.”
Related: Gay asylum-seeker's lawyer worries for the makeup artist's safety in Salvadoran ‘hellhole’ prison
Garcia encouraged constituents to act. “People should absolutely contact their members of Congress,” he said. “Particularly some of the Republican members… If we got one or two Republicans to actually join us in advocating, we could actually make some progress. They’re parents also—they should be doing a lot more than they’re doing. It’s just sad to see that they’re not.”
The letter to Rubio was cosigned by Sens. Alex Padilla and Adam Schiff, as well as House members including Alexandria Ocasio-Cortez, Sarah McBride, Mark Takano, Becca Balint, Ritchie Torres, and dozens more. They are requesting a briefing on efforts to locate Hernández Romero and secure his safety.
“I think Pride Month is an opportunity to highlight his story even more,” Garcia said. “The more folks learn about it, the more they’ll put pressure on the administration and Homeland Security to do the right thing.”
