Canada pauses deportation of a non-binary US citizen because of ‘risks’ to LGBTQ+ people in America

a person holding a non binary flag

A person proudly flies the non-binary flag. (Canva)

Canada has paused the deportation of Angel Jenkel, a non-binary US citizen, due to “risks” to LGBTQ+ people in the US. 

In August 2022, Jenkel arrived in Canada from Minnesota to visit their Canadian boyfriend, who is now ill and requires regular care. Due to their partner’s ill-health, they overstayed their visa. 

Jenkel told CBC that the idea of returning to the US under the Trump administration, “was just really stressful for me to think of going back to such an environment that was changing and escalating constantly.”

US president Donald Trump has enacted a series of anti-trans measures following his inauguration on 20 January, including declaring the official policy of the United States is that there are “only two sexes”, banning trans people from serving in the military and restricting gender-affirming healthcare for trans people under the age 19.

Donald Trump, pictured.
Donald Trump. (Getty)

Alongside these attacks on the trans community, Trump has also signed orders eliminating diversity, equity and inclusion (DEI) programmes across the government and in the armed forces.

‘Flawed and unreasonable’

Despite the anti-LGBTQ+ rhetoric in the US, Jenkel was ordered to be deported on 3 July after an initial risk assessment determined they didn’t face a credible threat in the US. 

However, Justice Julie Blackhawk halted the deportation, pending review. Blackhawk wrote in her ruling that the risk assessment was “flawed and unreasonable,” due to the immigration officer using outdated information. 

“We’ve seen firsthand the deteriorating conditions for LGBTQI+ people in the U.S., from the escalation of anti-trans legislation to targeted violence and growing legal uncertainty,” Devon Matthews, head of programs at Rainbow Railroad, a non-profit organisation that helps 2SLGBTQ+ refugees, said.

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