Deaf Child Deported Without Hearing Aids, Family in Hiding in Colombia
A six-year-old deaf boy, identified as Joseph, was deported from the United States after Immigration and Customs Enforcement (ICE) officials denied him access to his hearing aids. He is now hiding in Colombia with his mother and younger brother, living in fear and unable to receive the specialized healthcare and education he requires due to his severe disability.
Family Detained During Routine Check-In
Lesly Rodriguez Gutierrez and her two children were detained earlier this week during a routine check-in at ICE's Intensive Supervision Appearance Program office in San Francisco. The family had been residing in Hayward, California, since arriving in the U.S. as asylum seekers four years ago, fleeing severe domestic violence and concerns for Joseph's life due to lack of adequate medical care in Colombia.
"Ms. Rodriguez Gutierrez was never given a choice to be removed, and never agreed to deportation," said Nikolas De Bremaeker, an attorney with Centro Legal de la Raza, a legal aid service based in Oakland, California. "In fact, when ICE pressured her to sign a document in a language she did not understand, and without access to counsel, she refused."
Denial of Hearing Aids and Due Process Concerns
During the detention, a relative waited outside the ICE center with Joseph's hearing aids, which he relies on for communication. Despite pleas from Gutierrez, agents refused to allow retrieval of the devices. De Bremaeker condemned this action, stating it "shocks the conscience and violates several laws as well as our Constitution." Joseph remains without his hearing aids in Colombia.
The attorney also reported being given misleading information, leading to a two-day search before locating the family at a detention center in Arizona prior to their deportation. All three family members were traumatized by the experience, which involved being moved between detention centers not designed for children, especially those with severe disabilities.
Outcry from Officials and Legal Response
Tony Thurmond, California Superintendent of Public Instruction, expressed deep disturbance over the deportation, noting that Joseph had attended the California School for the Deaf at Fremont for three years. "This unnecessary cruelty must end," Thurmond said, calling for the federal government to return Joseph to his school community.
In response, a DHS spokesperson disputed claims of due process violations, asserting that Gutierrez received a final removal order in November 2024 and chose to be deported with her children. The spokesperson emphasized that ICE does not separate families and offered alternatives like the CBP Home app for legal re-entry.
De Bremaeker countered these statements, labeling them as "a string of misrepresentations" and urging Congress to investigate the abuses. He demanded that DHS bring the family back to the U.S. and allow Joseph to rejoin his classmates.
Current Situation in Colombia
Currently, neither Joseph nor his four-year-old brother is attending school in Colombia, and the family faces ongoing risks due to their past experiences with violence. The lack of access to specialized services exacerbates Joseph's condition, highlighting the humanitarian concerns surrounding their deportation.
