Discredited former cop played ‘key role’ in deportation of gay make-up artist

A new investigation points to a discredited, former police officer who played a “key role” in the wrongful deportation of Andry Hernández Romero, a gay asylum seeker and make-up artist who was sent to a prison in El Salvador under Trump’s Alien Enemies Act. 

USA Today found in a recent investigation that the former Milwaukee police officer who filed the report about Hernández Romero, citing his tattoos as the reason for the alleged gang affiliation, has a long history of credibility and disciplinary issues in his former police officer position. 

The private prison employee who previously worked as a police officer until he was fired for driving into a house while intoxicated—among other alcohol-related incidents—“helped seal the fate,” of Hernández Romero. 

The investigation by USA Today found that the former police officer accused Hernández Romero of being a part of the Tren de Aragua gang because of Romero’s two crown tattoos with the words “mom,” and “dad,” which are now being identified as Venezuelan gang-related symbols. 

Since then, his story has made headlines across the nation because Hernández Romero not only has no criminal record, but is legally seeking asylum in the U.S. due to credible threats of violence against him in Venezuela because of LGBTQ persecution. 

He was targeted shortly after Trump invoked the Alien Enemies Act of 1798, which is a proclamation for all law enforcement officials to “apprehend, restrain, secure and remove every Alien Enemy described in section 1 of [the] proclamation.”

Charles Cross Jr., the former police officer, signed the report that wrongfully identified  Hernández Romero as a gang member. Cross was fired in 2012 after many incidents relating to his credibility and how it was affecting the credibility of the Milwaukee Police Department to testify in court. 

He had already been under investigation previously for claiming overtime pay that he never earned. In 2007, he had faced criminal charges for damage to property, according to court records. 

In March, The Washington Blade spoke with the Immigrant Defenders Law Center Litigation and Advocacy Director Alvaro M. Huerta regarding the case who stated that “officials with U.S. Immigration and Customs Enforcement and U.S. Customs and Border Protection alleged his organization’s client was a member of Tren de Aragua, a Venezuela-based gang, because of his tattoos and no other information.” 

Hernandez Romero came to the United States last year in search of asylum and now makes up one of 238 Venezuelan immigrants who were deported from the U.S. to El Salvador, Honduras and Venezuela. Many of those being deported are being sent to the Center for Terrorism Confinement, a maximum-security mega-prison in El Salvador, which has been accused of human rights violations. 

According to the investigation, the Department of Homeland Security “wouldn’t offer further details on the case, or the process in general, but reiterated that the department uses more than just tattoos to determine gang allegiance.” 

His story is now being looked at as a cautionary tale for the lack of due process the U.S. government is taking, as the Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) ramp up deportations across the nation. 

Organizations like the Human Rights Campaign are now calling for Secretary of State Marco Rubio and Secretary of Homeland Security Kristi Noem to cease wrongful deportations and return Hernández Romero home. The petition also urges the U.S. government to afford all Americans, including nationals and asylum seekers residing in the U.S., due process of law as required by the Constitution.