Hayward Officials Condemn Deportation of Deaf Six-Year-Old and Family

At a press conference in front of Hayward City Hall on Monday, Rep. Eric Swalwell said his office staff flew to Colombia to give a six-year-old boy from Hayward his hearing aids after being deported and denied access to them by Immigration Customs and Enforcement (ICE). 

Swalwell confirmed that his office is working on efforts to bring back Lesly Rodriguez Gutierrez, her six-year-old son Joseph Andrey Londono Rodriguez, and her five-year-old son back to the country.

“We are also working with the family’s council on returning the family back to the U.S. under what is called Humanitarian Parole so he can return to his school for the deaf. Which is where he belongs.” 

The family was arrested in San Francisco by ICE on March 3 and deported back to their home country of Colombia on March 5, according to a statement from the Department of Homeland Security. Their deportation made headlines and sparked outcry across the Bay Area. 

“This is unacceptable and we can’t allow it to continue to happen.” said District 2 Supervisor, Elisa Márquez, during the press conference. “We will not live in fear or panic. We’re gonna be a unit together until Lesly and her boys return home back to Hayward, where they belong. Where every immigrant and refugee that chooses to live here that is not a criminal deserves to be here.”

In an email statement sent to the Hayward Herald, Márquez added that she will continue to mobilize immigrant rapid response efforts, including raising funds to establish an Alameda County Office of Immigrant and Refugee Affairs, “because it has never been more urgent than not to stand up for one in three of our county residents,” she wrote.  

Last week Hayward Mayor Mark Salinas posted an official statement on his Instagram account condemning the deportation of the Hayward family. 

“Like many in our community, I am deeply disturbed by what occurred,” wrote Salinas. “My heart is with the family, and I know many residents across Hayward share that same sense of heartbreak and concern. 

Asylum-Seeking Family Deported

The Alameda County Immigration Legal Education Partnership (ACILEP), connected the family with the legal support of Nikolas De Bremaeker, an attorney with Centro Legal de La Raza after hearing about their detention last Tuesday.

De Bremaeker says Gutierrez came into the country four years ago seeking asylum from domestic violence. He adds that Gutierrez had a removal order but has no criminal history in any country. 

In an interview with KRON4, the family’s attorney said Gutierrez was detained when she appeared with her children at a routine check in at the U.S. Immigration and Customs Enforcement office in San Francisco as part of the Intensive Supervision Appearance Program. According to the DHS statement, Gutierrez opted to be removed from the country with her children, rather than leaving them with a designated person.

After learning of their detention, De Bremaeker said that attorneys did not know the family's whereabouts for two days. Gutierrez’ family only heard from her as she was about to board the deportation flight to Colombia.

In the same interview, De Bremaeker says Gutierrez’ six-year-old son, Joseph Andrey Londono Rodriguez, is deaf and uses hearing aids. A family member went to the detention center in San Francisco to bring the assistive device to Rodriguez. But ICE officials said no and turned the family member away, says Bremaeker.

Hayward Mayor Mark Salinas expressed concern over ICE’s decision to deport the family, which he says raises serious moral and humanitarian concerns. “For a child with these needs, stability, continuity of care, and access to high quality education are essential,” wrote Salinas. 

Rodriguez attended the California School for the Deaf in Fremont where he was learning American Sign Language. At a press conference last Friday the State Superintendent of Public Instruction, Tony Thurmond, condemned the detention and deportation of Rodriguez and his family. 

“No child should be ripped away from their home community and hidden in a detention center,” said Thurmond during the press conference. “Especially not a deaf child who is being deprived of the ability to communicate and understand what is happening to him. I am calling on the federal government to return our student to his school community now. These inhuman and illegal attacks on our families must end.” 

Mayor Salinas says that the city of Hayward and his office are closely monitoring the situation and working with community partners and service providers to ensure the family receives support and advocacy. 

ACILEP is urging residents to call Hayward’s House Rep. Eric Swalwell and California state senators to demand that DHS bring the family back and allow Rodriguez the critical care he needs.