Introduction to the Case
A Venezuelan asylum seeker, who fled his native country out of fear for his safety, was deported to El Salvador, his attorneys said. Andry Hernandez, an outspoken critic of Venezuela’s government who is also gay, sought asylum in the United States fearing persecution in his home country.
Background of the Asylum Seeker
The 31-year-old was deported last weekend to an El Salvadorian mega prison, which the Trump administration claimed belongs to the Venezuelan gang Tren de Aragua. Hernandez’s attorney denied that Hernandez had any gang affiliation. “He is in fact a makeup artist,” said Melissa Shepard of the Immigrant Defenders Law Center. “The history of his photos provides background information for his love of the arts and absolutely no association with any type of gang.”
Reasons for Seeking Asylum
Shepard said that Hernandez came to the United States because he believed his life was at risk if he stayed in Venezuela. Hernandez, who has no criminal history, came to the U.S. with an immigration appointment for asylum when he was first taken into custody, his attorneys said. NBC Los Angeles was unable to independently confirm his attorney’s claims. U.S. Immigration and Customs Enforcement has not responded to our request for comment on this case.
Invocation of the Alien Enemies Act
The Trump administration last week invoked the rarely used Alien Enemies Act of 1798, which allows the president to deport non-citizens during wartime. While some family members and attorneys said that some immigrants have been falsely accused and targeted because of their tattoos, Hernandez’s attorney said his decorative tattoos have sentimental meaning. “Some of the tattoos he has are flowers and are dedicated to his parents,” Shepard said.
Current Status and Future Prospects
The attorney added Andry did not have final orders for deportation, and there will be no recourse for him to return to the U.S. to continue asylum hearings or return to his native Venezuela. “They have not confirmed to us exactly where he is,” Shepard said. “They just told us he is in El Salvador. The White House said in a statement to NBC News that it was “confident in the (Department of Homeland Security’s) intelligence assessments on these gang affiliations and criminality,” adding that the Venezuelan immigrants who were removed had final orders of deportation.
Lack of Evidence
The Trump administration has not released evidence that those sent to El Salvador have criminal histories or gang ties.
Conclusion
The deportation of Andry Hernandez to El Salvador raises serious concerns about the treatment of asylum seekers and the use of rarely invoked laws to justify deportation. The lack of evidence to support claims of gang affiliations and criminal histories further complicates the situation, leaving many to question the fairness and legality of such actions.
FAQs
- Q: Why was Andry Hernandez deported to El Salvador?
A: Hernandez was deported after the Trump administration claimed he had gang affiliations, specifically with the Venezuelan gang Tren de Aragua, which his attorney denies. - Q: What is the Alien Enemies Act of 1798?
A: The Alien Enemies Act of 1798 is a law that allows the president to deport non-citizens during wartime. - Q: Does Andry Hernandez have a criminal history?
A: No, according to his attorneys, Hernandez has no criminal history. - Q: Can Andry Hernandez return to the U.S. for asylum hearings?
A: According to his attorney, there will be no recourse for him to return to the U.S. to continue asylum hearings or return to his native Venezuela. - Q: Has the Trump administration released evidence of gang ties or criminal histories for those deported to El Salvador?
A: No, the Trump administration has not released such evidence.
