Non-Binary American Avoids Deportation From Canada Due to 'Fear of Persecution' Under Trump

A federal judge in Canada blocked the deportation of a non-binary American citizen, citing fears of persecution under the Trump administration in what LGBTQ advocates called a "precedent-setting" ruling.

Angel Jenkel, a 24-year-old who came to Ontario from Minnesota as a visitor in 2022, faced imminent deportation after failing to obtain documentation to remain in the country with their fiancé. Following a pre-removal risk assessment, an immigration officer determined deportation did not put Jenkel at risk of persecution or serious harm.

But Jenkel's lawyer, Adrienne Smith of Smith Immigration Law, argued that Jenkel's had valid concerns over their safety. Justice Julie Blackhawk agreed, calling the risk assessment "flawed and unreasonable," according to reporting from The Globe and Mail.

"The officer failed to consider recent evidence of the conditions that may have supported a reasonable fear of persecution," Justice Blackhawk wrote, criticizing the use of outdated material in the risk assessment process. She ordered that Jenkel's deportation be paused while their case is reviewed.

Jenkel, who identifies as non-binary and gender fluid, said that the current political climate in the US is "scary," and they fear being targeted for their identity—especially in southern states, where much of their family lives. "No matter what I do, I look trans. People read me that way," they told The Globe and Mail.

Since Trump's return to office, his administration has eliminated federal diversity initiatives, banned gender-neutral identification documents, and redefined legal gender as immutable. An executive order now restricts transgender individuals from participating in women's sports or being placed in women's prisons. Advocates say these policies have created a hostile environment for trans and non-binary people.

"This is an acknowledgment that these changes are serious," said immigration lawyer Sarah Mikhail. "This is something that has a material effect on trans and non-binary individuals."

Canadian LGBTQ-rights advocate Gemma Hickey applauded the move. "I think it is precedent-setting," Hickey said. "This ruling will force people to pause and reflect just how dangerous it is for marginalized people there."

Jenkel's legal team says the ruling could open the door for other LGBTQ Americans facing similar threats under current US policies to seek refuge in Canada.

The Immigration, Refugees and Citizenship Canada department declined to comment while the case remains before the courts.