Gay Venezuelan asylum seeker ‘disappeared’ to El Salvador launches legal action against White House

A gay Venezuelan asylum seeker who was “forcibly disappeared” by the U.S. government to El Salvador has filed a damages claim against the White House, alleging unlawful detention, abuse and violations of international human rights law.

Andry Hernández Romero, who had been pursuing an asylum claim in the United States, was among more than 250 Venezuelan nationals removed under the Trump–Vance administration’s unprecedented use of the Alien Enemies Act of 1798. The White House had designated the Venezuelan gang Tren de Aragua as an “international terrorist organisation” in February 2025, enabling the administration to swiftly deport Venezuelan citizens without legal recourse.

Hernández - who has no criminal record - was accused of gang affiliation on the basis of tattoos reading “mum” and “dad” adorned with crowns, a common cultural motif which his lawyers say was wildly misinterpreted. Immigrant Defenders Law Center, which represents him, has repeatedly rejected the allegations, describing them as baseless and discriminatory.

After being removed from the U.S. in March 2025, Hernández was taken to El Salvador’s maximum‑security Terrorism Confinement Center (CECOT), a facility widely criticised for systemic abuse. He was held for 125 days without access to his family or legal counsel. According to the newly filed administrative claim, he endured physical and sexual abuse, torture, and conditions that placed his life in constant danger. 

The deportations continued despite a federal court order temporarily blocking them; flights were reportedly already airborne when the ruling was issued. Lawyers for the men say the U.S. government knowingly breached due‑process protections and international asylum obligations.

Hernández was eventually released on 18 July 2025 as part of a prisoner exchange between the U.S. and Venezuela, returning to his home country still traumatised by his treatment. He is now seeking accountability through a claim filed under the Federal Tort Claims Act, alongside five other Venezuelan men who were also “forcibly removed” and detained under similar circumstances.

In a statement included in the legal filing, Hernández urged world governments to reject policies that criminalise migrants and LGBTQ+ people.

“As a Venezuelan citizen with no criminal record anywhere in the world, I would like to tell not only the government of the United States but governments everywhere that no human being is illegal,” he said. “The practice of judging whole communities for the wrongdoing of a single individual must end.” 

Immigrant Defenders Law Center argues the case represents a “shocking” abuse of state power, with U.S. officials deliberately placing vulnerable asylum seekers in harm’s way despite clear evidence they faced persecution and danger.