Canada pauses nonbinary American's deportation to U.S., citing Trump's hostile policies

A court in Canada has temporarily stopped the deportation of Angel Jenkel, who is nonbinary, to the U.S., citing the Trump administration’s hostility to transgender and nonbinary people.

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Jenkel came to Canada three years ago to visit their boyfriend, now their fiancé, in Ontario, the Canadian Broadcasting Corp. reports. Jenkel, an artist from Minnesota, had planned to stay three months. But their fiancé has epilepsy, and as his condition worsened, Jenkel overstayed their visa to care for him.

Jenkel was scheduled to be deported July 3 “after an initial risk assessment determined they didn’t face a credible threat in the U.S.,” the CBC reports. But Federal Court Justice Julie Blackhawk stopped the deportation until Jenkel’s case can be reviewed further.

The risk assessment was “flawed and unreasonable,” Blackhawk wrote in her ruling, issued in mid-July. It looked at outdated information — a report on the climate for trans, nonbinary, and LGBTQ+ people in general in the U.S. that was last updated in January 2024, when Joe Biden was president, Jenkel’s lawyer said.

Blackhawk’s ruling is “a marked recognition that the conditions have deteriorated ... since the Biden administration has left office,” Sarah Mikhail of Smith Immigration Law told Nil Kӧksal, host of the CBC radio program As It Happens. “These changes are significant enough that, when assessing trans and nonbinary individuals’ circumstances in Canada, this is something that needs to be taken into consideration.”

Donald Trump has issued executive orders denying the existence of trans and nonbinary people, ordering their expulsion from the military, threatening gender-affirming health care, and more.

Blackhawk noted this hostile climate as well as Jenkel’s role as their fiancé’s primary caregiver as reasons to halt the deportation.

With the pause on their deportation, Jenkel has time to apply for permanent residency in Canada, with their fiancé sponsoring them. They hope to eventually become a Canadian citizen.

“Things are actually getting scary” in the U.S., Jenkel told the CBC, noting that they’re relieved to be staying in Canada but are worried about their friends. “We thought we were seeing progress, and now we’re seeing all that progress wiped away.”

Mikhail hopes the ruling in Jenkel’s case will set a precedent but added that immigration claims are decided case by case.

Devon Matthews, head of programs at Rainbow Railroad, which assists LGBTQ+ refugees, praised the ruling and also said it could be precedent-setting. His group has urged the Canadian government to repeal or amend the Safe Third Country Act, which says refugees can’t claim asylum in Canada if they come through the U.S. It doesn’t apply to U.S. citizens, such as Jenkel.

“This case could set an important precedent in acknowledging that countries traditionally seen as ‘safe’ cannot be treated as such without scrutiny, especially for marginalized communities,” Matthews told the CBC.