WASHINGTON, D.C. — Yesterday, U.S. Senators Alex Padilla, Ranking Member of the Senate Judiciary Immigration Subcommittee, and Adam Schiff (both D-Calif.) joined U.S. Representatives Eric Swalwell (D-Calif.-14), Nanette Barragán (D-Calif.-44), Zoe Lofgren (D-Calif.-18), Kevin Mullin (D-Calif.-15), and Lateefah Simon (D-Calif.-12) in demanding answers from the Department of Homeland Security (DHS) and the Department of State following the deportation of a Hayward mother and her two young children, including her six-year-old son, Joseph, who was removed from the country without his assistive hearing devices.
The lawmakers outlined serious humanitarian and due process concerns surrounding the deportation of Lesly Rodriguez Gutierrez and her children after they appeared for a routine immigration check-in in San Francisco. According to the family’s attorney, Rodriguez Gutierrez complied with the law and presented herself for the required check-in, where she and her children were detained and swiftly deported to Colombia.
Joseph had been learning American Sign Language and attending school in the United States before the deportation. According to the family, his removal from his community and support system has led to severe isolation and distress. The family has filed applications for humanitarian parole that would allow them to return to the United States while Joseph’s medical and educational needs are addressed and the circumstances of the deportation are investigated.
“The deportation of six-year-old Joseph Londono Rodriguez and his family is inhumane and inexcusable. Donald Trump’s out-of-control ICE and CBP continue terrorizing California communities through indiscriminate immigration enforcement, going as far as disappearing a deaf first-grader without his hearing aids during a routine immigration check in,” said Senator Padilla. “The cruelty and lawlessness have to end. We’re demanding the Trump Administration bring Ms. Rodriguez Gutierrez and her sons back immediately to a safe community away from isolation where Joseph can receive the specialized accommodations and continuity of care he needs.”
“The deportation of a deaf child seeking asylum and his family from the Bay Area is yet another tragic example of how Donald Trump’s indiscriminate immigration raids are targeting the most vulnerable among us,” said Senator Schiff. “Joseph Londono Rodriguez should be at home in California, and we will do all we can to reverse this.”
“What did this family do wrong?” said Representative Swalwell. “The deportation of a young deaf child without the assistive hearing devices he needs is dangerous. Sadly, there appears to be no line this administration won’t cross. I’m past frustration. I’m outraged. We will not allow this treatment to continue. My colleagues and I are demanding answers, and we demand them now.”
“There is no excuse for ICE to have taken away 6-year-old Joseph’s hearing aids. None. To take away a young child’s tools that help him to hear is a cruelty that is both disgusting and pointless. Shame on DHS and ICE. They must work to bring the family back to the US and get Joseph the care he needs and deserves,” said Representative Barragán.
“It’s really unconscionable to deport a deaf six-year-old without his hearing devices. This administration claimed that they were targeting the worst of the worst with their immigration policies, and yet they’re going after disabled children. The Gutierrez family was trying to follow the law, and they need to be returned to their home in Hayward,” said Representative Lofgren.
“Deporting a six-year-old deaf child while refusing to let him retrieve his hearing aids is a truly shameful example of the Trump Administration’s utterly inhumane and chaotic approach to immigration. I am hard of hearing and know firsthand how essential hearing aids are, yet I can still only imagine the terror and unnecessary trauma this poor child endured under DHS. I have also visited the California School for the Deaf where this young child attended, and my heart breaks for his family and the entire community. I join my colleagues in demanding DHS immediately answer why they failed to follow disability protections and explain the legal basis for ICE’s ridiculously cruel actions in this case,” said Representative Mullin.
“The Administration’s treatment of the Rodriguez Gutierrez family and their deaf 6-year-old son is cruel, unnecessary, and sickening. As the first congenitally blind Member to serve in Congress, I join my California colleagues in demanding answers and holding the Department of Homeland Security accountable for their disturbing treatment of minors with disabilities — so this never happens again,” said Representative Simon. “No government that calls itself humane would treat people like this, and we will keep pushing until this deportation machine that is terrorizing families is stopped.”
The lawmakers called on DHS and the State Department to immediately work with the family’s legal representatives to facilitate the family’s return to the United States through humanitarian parole, allowing Joseph to regain access to the specialized care, services, and stability he needs while the circumstances of the deportation are reviewed.
The California lawmakers requested detailed information from the Trump Administration, including:
- The legal basis for detaining and deporting Rodriguez Gutierrez and her children after appearing for a scheduled immigration check-in.
- Evidence supporting claims that she “agreed” to deportation and whether she had access to legal counsel before any such agreement.
- What assessment, if any, was conducted regarding Joseph’s disability and his need for assistive hearing devices.
- Why immigration officials withheld the child’s hearing devices during the deportation process.
- Whether DHS complied with federal disability protections under the Americans with Disabilities Act and the Rehabilitation Act, which require reasonable accommodations and continuity of care.
Full text of the letter is available here and below:
Dear Acting Secretary of Homeland Security and Secretary Rubio:
We write to express our outrage at the recent deportation of Lesly Rodriguez Gutierrez and her two young children from Hayward, California to Colombia, including her six-year-old son, Joseph, who is deaf. According to the family’s attorney, the family presented for their immigration check-in in San Francisco, as required by law, where they were taken into custody, detained, and deported to Colombia. They followed the law, but they were still punished.
Particularly troubling is the fact that Joseph, a six-year-old child with a hearing disability, was removed from the United States without his assistive hearing devices. The deportation of a young child with a disability, without his aids, under these circumstances raises serious humanitarian and due-process concerns. Children with disabilities require continuity of care, specialized support, and appropriate accommodations—none of which occurred when this child was deported without his medical devices. Removing a six-year-old deaf child from the United States without the basic medical and assistive equipment he relies on is unacceptable.
While U.S. immigration laws are complex, the United States has long recognized the importance of humanitarian considerations, particularly when children and individuals with disabilities and medical devices are involved. The circumstances surrounding this family’s detention and rapid deportation are unacceptable.
We strongly urge that the Department of Homeland Security (DHS) and the Department of State urgently work with the family’s legal representatives to facilitate the family’s return to the United States through humanitarian parole so that Joseph can access the medical support, services, and stability he requires as the circumstances of his detention and deportation can be thoroughly reviewed.
This case needs urgent answers. Accordingly, we request information on the following:
- What is the legal basis for the detention and expedited deportation of Ms. Rodriguez Gutierrez and her children after appearing for a scheduled immigration check-in?
- In prior statements about this case DHS has claimed that Ms. Rodriguez Gutierrez “agreed” to her deportation and removal. Please provide evidence of this agreement.
- Did DHS provide Ms. Rodriguez Gutierrez the opportunity to have a legal consultation prior to alleged agreement?
- What assessment was conducted regarding Joseph’s disability and his need for assistive hearing devices and specialized support?
- Who conducted this assessment?
- Why did immigration officials withhold Joseph’s assistive hearing devices from a 6-year-old child during the deportation process?
- DHS policies require compliance with the Americans with Disabilities Act and Section 504 of the Rehabilitation Act, which mandate reasonable accommodations for individuals with disabilities, and ICE detention standards require continuity of medical care and access to necessary assistive devices during detention and removal. In this case, a six-year-old deaf child was deported without his hearing devices. Why did DHS not comply with this law?
- How many minors with disabilities have been deprived of their assistive devices, including but not limited to wheelchairs, prosthetics, hearing devices, or other necessities during the deportation process?
This case raises serious concerns about the treatment of vulnerable families and children in immigration proceedings. Ms. Rodriguez Gutierrez reports that Joseph is struggling since their detention and arrival in Colombia. Joseph was learning American Sign Language. His removal from our community has caused deep isolation as he’s no longer afforded the ability to attend a school with friends, teachers, and a support system that he can effectively communicate with. This has caused a concerning change in his demeanor and even his appetite.
The family has filed applications for humanitarian parole that would allow them to return to the United States to properly address Joseph’s needs and allow the family to live in an environment that is safe and supportive. We urge your agencies to review this matter immediately and work with the family’s legal representatives to ensure that humanitarian protections are upheld.
We request a response as soon as possible. Given the urgency of the matter, we expect a response to our questions and action to remedy this egregious situation by March 20, 2026.
Sincerely,