Jayapal Hosts Shadow Hearing on Unlawful Third Country Disappearances
WASHINGTON – U.S. Representative Pramila Jayapal (WA-07), Ranking Member of the Immigration Integrity, Security, and Enforcement Subcommittee, today hosted a Shadow Hearing titled Kidnapped and Disappeared: Trump’s Lawless Third Country Disappearances, to dive deeper into the cases of those lawlessly kidnapped and disappeared to third countries like El Salvador, Panama, Costa Rica, South Sudan, and Libya. This hearing was the first in a series she plans to hold on Trump’s immigration actions.
“Since taking office in January, President Trump has shown nothing but utter contempt for the Constitution. He has ignored and decimated the traditional role of Congress and defied and defamed the courts, doing untold damage to our democracy. He has attacked the rights of all people, starting with and especially immigrants. In his obsession to deport as many immigrants—lawful and undocumented—as he can, he has violated multiple constitutional rights,” said Congresswoman Jayapal. “Due process is the critical protection that requires anyone, no matter their citizenship status, to have their opportunity to present evidence, to be able to counter a government or any party falsely accusing them of being a terrorist or a gang member or of being kidnapped off the street and disappeared.”
The witnesses at this hearing included Lindsay Toczylowski the President and CEO of Immigrant Defenders Law Center (ImmDef) and legal counsel for Andry Romero, Robyn Barnard, the Senior Director of Refugee Advocacy at Human Rights First, Lee Gelernt the Deputy Director of the Immigrants’ Rights Project at American Civil Liberties Union (ACLU), and Beatriz Guzman, a Venezuelan-American immigrant and immigration attorney.
“The Trump administration has used a pattern of disappearances to detain, remove, and expel people to countries which are not their countries of origin, and for which no removal proceedings have been conducted nor the required fear screenings. These actions are part of a broader effort to subvert due process and the checks and balances that are central to the U.S. Constitution,” said Robyn Barnard, Senior Director, Refugee Advocacy, Human Rights First. “Before being disappeared to these third countries, many asylum seekers were detained by U.S. Customs and Border Protection in unbearable conditions. They went days or weeks without any contact with the outside world. They were subject to medical neglect, physical and psychological mistreatment, and intolerable living conditions that are especially traumatizing for children.”
“Andry Hernández Romero’s story is truly a canary in the coalmine, a warning of what happens when the rule of law and due process are trampled upon. If being denied due process and sent to a third country happened to him – a gay makeup artist with no criminal record and targeted solely for having tattoos – it could happen to me, it could happen to you, it could happen to any one of us,” said Lindsay Toczylowski, CEO and President of Immigrant Defenders Law Center (ImmDef). “ Andry’s case, and those of the 230+ men who were disappeared to El Salvador’s CECOT gulag, is about whether we will fight to uphold the rights enshrined by the Constitution. It is about the future of our democracy. If we fail him, we will have failed our country.”
“People that are detained have no knowledge of our laws, often don’t speak English, and if a habeas corpus petition is not filed, they are deported to a gulag in El Salvador with no due process,” said Lee Gelernt, lead counsel in the ACLU’s legal challenges to the Trump administration’s use of the Alien Enemies Act. “At the same time the government has taken the position that once immigrants are deported to El Salvador, they can not be returned, no matter how many mistakes they have made. Even if immigrants are given due process, we do not think that this wartime authority can be used during peacetime.”
“Venezuelan immigrants have become a target despite the love we have for this country–the only place we can call home. Just like my kid clients who are now scared to go to school and who feel that pit in their stomach—that this country is not safe for them–now my parents and family feel that too. We feel it too even when we leave our homes with U.S. passports,” said Beatriz Guzman, Venezuelan-American U.S. citizen and immigration attorney for children. “And this is all a flashback for my father–a reminder of the culture of fear that comes in the early days of authoritarianism. It is difficult for him to watch the first steps of those same changes that he fled over 20 years ago, happening now in his new home and country.”
The hearing was attended by Representatives Becca Balint (VT-AL), Jasmine Crockett (TX-30), Jesús G. “Chuy” García (IL-04), Sylvia Garcia (TX-29), Glenn Ivey (MD-04), Jerrold Nadler (NY-12), Jamie Raskin (MD-08), Deborah Ross (NC-02), Mary Gay Scanlon (PA-05), Mark Takano (CA-39), and Juan Vargas (CA-52).
Issues: Immigration