Judge halts non-binary person’s deportation to the U.S. as Trump dismantles trans rights

Conditions have changed and assessments need to be updated but with nuance:

A Federal Court judge halted a non-binary American’s deportation from Canada pending review. Advocates say the ruling sets “an important precedent” for 2SLGBTQ+ immigrants and refugees coming to Canada from, or through, the U.S.

…Jenkel was scheduled to be deported from Canada this month. But a Federal Court judge issued a stay of removal, arguing the immigration officer who examined their case failed to take into account their role in caring for their fiancé, or the “current conditions for LGBTQ, non-binary and transgender persons” in the U.S.

Advocates for 2SLGBTQ+ migrants say this could set a precedent for other cases like Jenkel’s, and help change the way Canada’s immigration system deals with applications from the U.S.

Immigration, Refugees and Citizenship Canada (IRRC) declined to comment on Jenkel’s case, citing privacy concerns.

…Deportation order ‘failed to reflect the current reality’

Jenkel was ordered to be deported on July 3 after an initial risk assessment determined they didn’t face a credible threat in the U.S.

But Justice Julie Blackhawk halted that deportation, pending review. In her ruling, she wrote Jenkel’s risk assessment was “flawed and unreasonable.”

That’s because the immigration officer conducting the review used outdated information — a government dossier on the United States that was last updated in January 2024, says Jenkel’s lawyer.

“It’s a marked recognition that the conditions have deteriorated … since the Biden administration has left office,” Sarah Mikhail, of Smith Immigration Law in Toronto, told As It Happens host Nil Kӧksal.

“These changes are significant enough that, when assessing trans and non-binary individuals’ circumstances in Canada, this is something that needs to be taken into consideration.”

Source: Judge halts non-binary person’s deportation to the U.S. as Trump dismantles trans rights