BY: Nick Fulton
Published 1 week ago
Canada now considers the current conditions for LGBTQIA+, nonbinary, and transgender people when making deportation decisions. Angel Jenkel, a nonbinary American who overstayed their visa in Ontario, Canada, will not be deported following a recent ruling by a Canadian federal court judge.
Jenkel’s Story
Jenkel arrived in Ontario in 2022 to visit their boyfriend, a Canadian citizen. Since then, a lot has changed for Jenkel and the LGBTQIA+ community they are part of. Jenkel’s boyfriend is now their fiancé, and, unfortunately, their epilepsy has intensified, requiring regular care. On top of that, the environment in the U.S. for nonbinary people has worsened.
In 2022, when Jenkel arrived in Ontario, President Joe Biden was leading the U.S. toward a more affirming future for LGBTQIA+ people. Today, under the Trump administration, the country has become much more hostile. From access to appropriate passports to gender-affirming care, Trump has made being queer in America more difficult and dangerous.
Jenkel was scheduled to be deported from Canada until Justice Julie Blackhawk issued a ruling against their removal. She ruled that immigration officers must consider the situation in the U.S. for people like Jenkel.
The Future of LGBTQIA+ Deportations in Canada
Blackhawk’s decision does not set a strong enough legal precedent to permanently prevent the deportation of all LGBTQIA+ people. However, the ruling was the first of its kind to consider the concerning conditions in the U.S. for trans and nonbinary people.
The decision doesn’t change the law, but it allows immigration officers more discretion. Trans and nonbinary people facing deportation now have more legal flexibility to explain their concerns about returning to the U.S. under the current political climate. Advocates working at the intersection of immigration and LGBTQIA+ rights see this as a meaningful step forward.
“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,” said Devon Matthews, head of programs at Rainbow Railroad, an LGBTQ+ refugee organization.
Trump’s Anti-Trans Agenda Has Global Impact
This decision in Canada is not an isolated reaction to Trump’s anti-trans policies. Countries including Denmark, Finland, Germany, Ireland, the Netherlands, and Portugal have issued travel advisories to their citizens considering travel to the U.S. These warnings often cite threats to LGBTQIA+ people and civil rights. Other countries, like New Zealand, even cite additional reasons for travel advisories, including an increased threat of gun violence.
While Jenkel’s case won’t immediately affect Canadian immigration law, it sets a powerful example. The decision signals that courts may consider political conditions in the U.S. when reviewing deportation cases involving LGBTQIA+ individuals.
The ruling is especially encouraging for trans and nonbinary people who are hesitant to return to the U.S. in the midst of federal political persecution. For many, Canada now feels like a safer option.
