A deaf 6-year-old boy snatched by immigration agents from Northern California and deported to Colombia this month needs to be returned to the U.S. immediately or he could die, a lawyer representing the child said Wednesday.
Attorney Nikolas De Bremaeker said the boy, Joseph Lodano Rodriguez, was “at risk every day that he is not getting his treatments.” The child has a cochlear implant that requires the same routine maintenance and cleaning he was receiving stateside but may not get in Colombia.
“Joseph is at immense risk for his life if he does not continue the treatment that he was receiving in the United States,” De Bremaeker said at a virtual news conference hosted by California Supt. of Public Instruction Tony Thurmond, a Democratic gubernatorial candidate.
“He is at risk of infection, he is at risk of meningitis, he is at risk of death if he is not given the proper care for his surgical implants.”
Joseph, his 28-year-old mother, Lesly Rodriguez Gutierrez, and another son, 5, were detained by federal agents on March 3 while attending an immigration meeting and deported shortly after.
Rodriguez Gutierrez traveled to the United States in 2022 seeking asylum from domestic violence and lived in Hayward. She was told in the run up to the March 3 meeting that she needed to bring her two children for a routine check-in to update the photos Immigration and Customs Enforcement had of them.
Shortly after arriving, ICE agents “tried to force her to sign a document without explanation, and then pushed the family into a vehicle to be put on a flight to a faraway detention facility, “ De Bremaeker told The Times earlier.
The Department of Homeland Security did not respond to questions sent Wednesday after office hours but has consistently said that Rodriguez Gutierrez was “an illegal alien from Colombia” who “illegally entered the United States in 2022.”
She was issued a removal order on Nov. 25, 2024, according to DHS.
Thurmond, the superintendent, called on the public to lobby Congress and the Trump administration “to return Joseph so he can continue his studies.”
Thurmond showed a 40-second clip of Joseph and his family at a Colombian facility for the deaf.
The child appeared to struggle communicating with his sibling and mother, while his brother repeatedly tried to give directions to him in Spanish with little avail.
Joseph’s only language is American Sign Language, Thurmond said. Joseph was studying at the state-funded Fremont’s California School for the Deaf.
“Joseph is struggling,” Thurmond said. “He does not have the ability to communicate with anyone and in many ways, he can barely communicate with his mom. Like Joseph’s mom, Lesly was just beginning to learn American Sign Language.”
Both California senators — Alex Padilla and Adam Schiff — along with state Democratic congressional members Eric Swalwell, Nanette Barragán, Zoe Lofgren, Kevin Mullin and Lateefah Simon called on the U.S. Department of Homeland Security and the State Department to investigate the deportation.
The group is also calling on both government agencies to return the family to the U.S. through the process of humanitarian parole. That move would allow Joseph to re-enroll in school and receive specialized care.
Celena Ponce, founder of Hands United, a nonprofit organization dedicated to aiding deaf immigrant children and families, said her group was trying to connect the family with the deaf community and services, like interpreters, in Colombia.
She said, however, that Joseph and his family face several challenges. The first hurdle if he ends up staying in Colombia, is that he and his mother will have to learn Colombian sign language, which differs from American sign language.
Ponce added that Joseph also suffered language deprivation, meaning he is delayed in comparison to other 6-year-olds who are hearing.
“Because Colombia does not have residential schools similar to what California has, the ability to be fully immersed in language is not present,” she said.
Whatever gains he made at the California School for the Deaf would likely end, she said.
Times staff writers Clara Harter and Christopher Buchanan contributed to this report.
