Venezuela

Read more at The Guardian.

One of the Venezuelan men sent from the US to El Salvador’s most notorious prison by Donald Trump has moved to Spain to request asylum after concluding that he did not feel safe back home and did not trust US authorities sufficiently to return to fight his legal case.

Andry José Hernández Romero left Venezuela for Spain in early February and is due for his first asylum hearing in court there in a few days, hoping that the country’s liberal approach to immigration will afford him kinder treatment than the US or his own country had provided him, he revealed to the Guardian in his first interview since leaving for Europe.

The 33-year-old hairstylist and makeup artist originally came to the US from his home in western Venezuela to escape persecution as a gay man and the risks of opposing the government of its then president Nicolás Maduro.

Speaking in a video call from southern Spain, Hernández is still recovering from the trauma of his experiences in Venezuela, the US and El Salvador, but expressed optimism about his new surroundings.

“I can say I feel safe here, this is a place where I can be reborn, heal my mental health, let people know about my abilities as a makeup artist and find the happiness they took away from me more than a year ago,” he said in the interview conducted in Spanish.

Hernández gained global attention last year when he and 252 other Venezuelan migrants were abruptly deported from the US without due process or any word to their families, and in defiance of a judge, and flown by the Trump administration to the brutal mega-prison for alleged terrorists in El Salvador known as Cecot.

Images of the bewildered and terrified group being roughed up and having their heads shaved, and then lined up on the ground with bowed heads, flashed around the world, a new symbol of the returning US president’s harsh anti-immigration agenda. They were held incommunicado for months in cages and initially given no prospect of release under allegations of having ties to a Venezuelan gang, which Hernández and the others vehemently denied.

International human rights groups found Hernández and the other detainees faced psychological and physical abuse, including cases of sexual violence, before they were suddenly released in a prisoner swap last summer and returned home.

Hernández received a jubilant reception. He began trying to rebuild his life, and he told the Guardian he initially promised his family he would never leave Venezuela again.

However, after a few weeks he began fearing for his life once more after a knock on his family’s door in Táchira.

“I had received a call from the vice-president’s office and I was offered a job, which I declined, and then they came to my house and my family had to tell them I wasn’t there,” Hernández said. He had actually hidden during the visit.

He explained that before the vice-president’s office could even specify the kind of job it wanted him to do, he refused it. It was August 2025 and Delcy Rodríguez ran the office. He didn’t want to have ties to a government that had persecuted him as a gay man, he said, and having officials coming to the house just made him convinced he was going to be surveilled by the authorities.

He was back home, surrounded by his family, feeling protected during a time that he had expected to be a rough transition into society, back at work and even making new friends.

Months later, Rodríguez was sworn in as the acting president of Venezuela following the capture of Maduro by the US military. Around the same time, Hernández made up his mind.

“That’s when I made the decision to come to Spain,” he said.

He has some relatives there and Venezuelans do not require a visa to enter Spain, while those fleeing persecution are allowed to request asylum.

“I have heard that Spain is a country with open policies towards immigrants and the LGBTQ+ communities and that they don’t experience discrimination,” said Hernández. He feels secure and optimistic about making another fresh start.

In March 2025, the Trump administration controversially invoked the Alien Enemies Act of 1798 to order the expulsion of Hernández and 136 other men who ended up in Cecot. Hernández was accused of being a member of the Venezuelan gang Tren de Aragua, which Trump designated a terrorist group and bizarrely accused of staging an invasion of the US.

It didn’t matter that Hernández had explained to immigration officials that he had fled Venezuela due to persecution stemming from his sexual orientation. His crown tattoos above the names of his parents were deemed proof of gang affiliation. He has denied the charge throughout his ordeal and his attorneys noted he has no criminal record.

Lindsay Toczylowski, co-founder of the Immigrant Defenders Law Center (ImmDef), who is acting as Hernández’s lawyer, said that in nearly two decades of helping asylum seekers from around the world fleeing violence, she had “never been in a situation where it was not safe for a client to seek protection in the US”.

The US federal judge James Boasberg ordered the Trump administration to facilitate the return of the men deported under the Alien Enemies Act to El Salvador and allow them to receive the due process that he ruled they had been denied. But most recently, a court of appeals blocked Boasberg from investigating whether the Trump administration knowingly defied his order from March 2025 to return the planes carrying Hernández and the other Venezuelan deportees.

“From a legal perspective, we believe that it’s important for him to clear his name if he wants to travel to the US in the future. But from a moral perspective, he was accused with absolutely no evidence of being part of something that he has never had anything to do with. No one should be accused of something like that without any option to refute the allegations,” said Toczylowski.

“There are no immediate options available for him [and the others] to finally have their day in court and be able to clear” their names, she added.

In Spain, where Hernández now waits for his first asylum interview, scheduled for the end of this month, officials have defied the increasingly harsh immigration policies being embraced in Europe and the US. Earlier this year, the Spanish prime minister, Pedro Sánchez, announced that Spain would grant legal status to roughly 500,000 migrant workers, most from Latin America.

Spain has a strong record of taking in immigrants, especially Venezuelans seeking international protection, like Hernández.

According to numbers shared by the Spanish government with the Guardian, Venezuelans made up the highest number of requests for international protection there in 2025. And up to 30 April this year, more than 25,000 Venezuelans have sought asylum in Spain.

Hernández said he is still marked by the trauma he endured during his time at Cecot. For example, when someone approaches him and simply taps him on the shoulder, his mind jumps back to the prison. He still wants to clear his name, though, but doesn’t know how to do so at the moment.

Remarkably, he said: “I don’t hold a grudge against the US. I can’t judge an entire country based on the actions of a group of people like Donald Trump [or] Kristi Noem, but entering the US at this time doesn’t guarantee I will keep my freedom and that is why I will continue to fight my case from Spain.

“Recovering my happiness will only be possible at the right place with the right people.”

*This is reported by LGBTQ Nation.

Out gay Rep. Robert Garcia (D-CA) talked to LGBTQ Nation about a new letter signed by a coalition of 50 other Democratic congress members demanding that the State Department conduct a wellness check on Andry José Hernández Romero, an openly gay 32-year-old Venezuelan makeup artist who was detained by Immigration and Customs Enforcement (ICE) on March 15 despite legally applying for asylum in the U.S. after fleeing anti-gay persecution in his home country.

Hernández Romero legally entered the U.S. last year via San Diego and passed a credible fear interview for his official asylum process but was arrested by ICE two days before his scheduled court hearing. For the last 86 days, he has been imprisoned at the Centro de Confinamiento del Terrorismo (CECOT), an El Salvador prison known for its human rights abuses. The letter’s signatories are demanding that the State Department facilitate his access to legal counsel and immediately facilitate his release, having presented no evidence of any crimes or wrongdoing.

Romero’s family and lawyers have had no contact with him in more than a month,” the letter states. “His mother does not even know whether he is alive. Given both the well-documented concerns about conditions at CECOT and the history of anti-LGBTQI+ persecution in El Salvador, there is serious cause for concern about Mr. Hernández Romero’s well-being.”

Romero was among 260 Venezuelans accused by the presidential administration of being members of Tren de Aragua, a terrorist group. A disgraced former police sergeant’s report accused Hernández Romero of having crown tattoos associated with the transnational Tren de Aragua gang. But both the Venezuelan government and Hernández Romero’s lawyer have said he has no connections whatsoever to the gang, and his family has said that his crown tattoos are in honor of his hometown’s annual Three Kings Day festival.

“The idea that our country said, ‘Come to your asylum appointment,’ and then we send him to a country he’s not even from — and we’re unwilling to check how he’s doing — is so wrong, and more people need to know Andrew’s story,” Garcia told LGBTQ Nation. “Our Constitution is clear that both citizens and non-U.S. citizens in the United States have a right to due process, and he has never even had a chance to see a judge or for anyone to rule. No one can prove that he was gang-affiliated, because he was not. He was described as a very sweet and gentle person by his family, and we just need to bring attention to his case.”

On April 21, Garcia and three other Congress members sent a letter to Secretary of State Marco Rubio and U.S. Ambassador William Duncan, urging them to confirm Hernández Romero’s safety through a wellness check inside CECOT. That month, Garcia visited El Salvador with a delegation of three other Democratic lawmakers. Though the delegation met with U.S. Embassy officials, the ambassador, and human rights advocates, they weren’t allowed to see Hernández Romero.

In a May 14 hearing, Homeland Security Secretary Kristi Noem refused Garcia’s request to let Romero’s mother know if he’s still alive — Noem callously claimed that prison is outside of her “jurisdiction” and told Garcia to ask the President or the Salvadoran government instead.

Political pundits have noted that the administration could proactively negotiate for Hernández Romero’s release but has so far refused to. In late May, a federal judge dismissed Hernández Romero’s asylum case, making it even harder to ensure his return to the United States. Hernández Romero’s deportation violated his constitutional rights to due process and his sexual orientation puts him at grave risk inside CECOT, Garcia says.

While Garcia admits that the State Department ignored his first letter, he told LGBTQ Nation, “With this [new] letter … a much broader coalition of folks are signed on, and so we’re hopeful that that continues to get more attention.”

The new letter’s signatories include Garcia and other out Democratic Congress members including Rep. Mark Takano (CA), Rep. Becca Balint (VT), Rep. Mark Pocan (WI), Rep. Sarah McBride (D-DE), and notable congressional allies like Rep. Alexandria Ocasio-Cortez (D-NY), Rep. Rashida Tlaib (MI), Rep. Jasmine Crockett (D-TX), and Sen. Adam Schiff (CA).

Garcia added that the American Civil Liberties Union (ACLU) has been actively involved with Hernández Romero’s legal team and hopes to pressure the administration to ensure that Hernández Romero is still alive.

Though LGBTQ+ people from all over the world have long come to the U.S. for the freedom to live authentically as themselves, Garcia acknowledges that queer would-be asylum seekers are currently scared and don’t see the U.S. as a place of refuge at the moment.

As an immigrant to the U.S. himself, Garcia told LGBTQ Nation, “What’s important is that the United States fight for folks that fight for a country that can still be welcoming of other people…. Our asylum system right now is broken and it we need to get back to a place where asylum is done as it has been in the U.S. We have a history in this country of welcoming people that are being persecuted in other countries, and that seems to be not the case right now, and I think it’s really horrible to see.”

Garcia has warned that — by kidnapping Hernández Romero and other undocumented immigrants off U.S. streets — the president has violated due process, the Constitution, and democratic norms in an attempt to intimidate immigrant communities. Federal courts and the U.S. Supreme Court have agreed, demanding that the administration return some detainees stateside and provide greater transparency about its immigration processes and possible defiance of court orders.

“If they’re going to break the Constitution, to illegally take someone that was in an asylum process to a foreign country, then that means that they’re going to continue to break due process, and that means that everyone is at risk in our country,” Garcia told LGBTQ Nation. “I think it’s a slippery slope — now we know that U.S. citizens have been deported, [including] children without any sort of due process. So this is only going to get more difficult if people aren’t engaged.”

“I think Pride Month, especially in Andrea’s case, provides an opportunity for more folks to hear his story,” he added.

Category: Venezuela

Venezuelan makeup artist who was deported to El Salvador seeks asylum in Spain: ‘I feel safe here’

Congressional coalition demands wellness check on gay makeup artist held in torture camp