Stanislaus County, CA, USA; California Governor Gavin Newsom (C), and former Los Angeles Mayor Antonio Villaraigosa (L) meet with NorCal Carpenters Union workers along the construction of the Battery Energy Storage Systems (BESS) for the future site of Proxima Solar Farm in Stanislaus County, California, USA, 19 May 2023. The Governor unveiled legislation to speed up construction for a streamlined process and to expedite court review on legal challenges that often tie up projects. The project is expected to create 300 construction jobs and generate $35 million in local revenue. The project is expected to be operational by December, could power 60,000 homes in the surrounding region and can generate up to 210 megawatts of clean, renewable energy and 177 megawatts of better energy storage. Mandatory Credit: John G. Mabanglo/Pool via USA TODAY NETWORK
Sacramento, California – California Governor Gavin Newsom is calling on the Department of Homeland Security to immediately return a Venezuelan asylum seeker who was deported to El Salvador under disputed circumstances. In a letter sent Thursday to Homeland Security Secretary Kristi Noem, Newsom raised alarm over the deportation of 31-year-old Andry Hernandez Romero, a gay makeup artist who had sought asylum in the U.S. last year, citing threats to his safety and concerns over his right to due process.
Hernandez Romero arrived at the U.S.-Mexico border in San Diego last August using the CBP One app — the official channel for asylum seekers under current federal policy. He was detained for months at the Otay Mesa Detention Center while awaiting a court hearing, according to his attorney Lindsay Toczylowski, CEO of the Immigrant Defenders Law Center.
But on March 13, Hernandez was inexplicably not brought to his scheduled hearing. A week later, Toczylowski learned he had been deported to El Salvador — and sent to CECOT, a high-security prison notorious for holding individuals without communication or release.
“We’re gravely concerned for his safety and well-being,” Toczylowski said. “This is a prison where no one has ever left. It’s a very dangerous place for someone like Andry.”
Toczylowski said U.S. authorities justified the deportation based on tattoos — crowns on Hernandez’s wrists in honor of his parents, reflecting his participation in annual “Three Kings” plays in Venezuela. Officials alleged the tattoos were gang-related, tying him to the Venezuelan Tren de Aragua gang. However, Toczylowski refutes these claims, saying Hernandez has no criminal record and was never given a chance to defend himself.
In his letter, Newsom stated that Hernandez “was denied the opportunity to defend himself against unsubstantiated allegations of gang involvement or to present his asylum claim,” calling the deportation a violation of constitutional rights. “We are not a nation that sends people to be tortured and victimized in a foreign prison for public relations victories,” he wrote.
Attorney General Pam Bondi, responding to questions about Venezuelan deportations, said, “They’re illegal aliens from Venezuela … committing the most violent crimes.”
Toczylowski countered: “If this could happen to someone like Andry, who’s next?” She has had no contact with Hernandez since his removal and has not received a deportation order.
“This sets a really dangerous precedent,” she warned.
