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3d ago

Federal Court Halts Deportation of Non-Binary American in Precedent-Setting Ruling

Jenkel can remain in Canada pending judicial review under a legal benchmark recognizing the danger posed by U.S. policies targeting gender-diverse individuals.

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Angel Jenkel, who is engaged to a Canadian, was set to be deported back to the U.S. before the Federal Court justice's ruling.
deportation

Overview

  • Justice Julie Blackhawk ruled that the IRCC pre-removal risk assessment was “flawed and unreasonable,” relying on outdated materials that ignored current U.S. conditions for LGBTQ people.
  • The court order pauses Angel Jenkel’s removal and mandates a fresh evaluation of their risk of persecution before any deportation can proceed.
  • The judgment establishes a legal precedent for trans and non-binary U.S. citizens seeking refuge in Canada by requiring up-to-date consideration of gender-diverse vulnerabilities.
  • Since January 2025, President Trump’s executive orders have removed non-binary gender markers from passports, barred transgender participation in sports and the military, and dismantled federal diversity initiatives.
  • Immigration lawyers report a surge in inquiries from LGBTQ Americans exploring Canadian refuge or citizenship pathways amid the erosion of rights in the United States.