WATCH: Canadian judge halts deportation of "non-binary" American, ruling US may be 'unsafe'

In his first exclusive episode for Juno News, Wyatt Claypool takes us through the case of a Canadian judge blocking the deportation of a "non-binary" American back to the US over 'safety' concerns.

A Canadian Federal Court judge halted the deportation of a 24-year-old American citizen who claims that returning to the U.S. would allegedly put her at risk of persecution for identifying as “non-binary.”

Angel Jenkel, a 24-year-old multimedia artist from Minnesota, will remain in Canada while her case undergoes judicial review. Authorities denied Jenkel the right to remain in Canada and she was due to be deported.

Justice Julie Blackhawk ruled Tuesday that an immigration officer’s decision to reject Jenkel’s pre-removal risk assessment was “flawed and unreasonable,” relying on outdated materials that did not reflect current realities for trans and non-binary people in the U.S.

A pre-removal risk assessment is considered in cases where those facing deportation would face discrimination, torture, or even death should they be returned to their home country. More commonly, the application is made by people fleeing repressive regimes.

“The officer failed to consider recent evidence of the conditions that may have supported a reasonable fear of persecution,” Justice Blackhawk wrote.

Jenkel entered Canada on a visitor visa in 2022 and has since become engaged to a Canadian partner, and was facing imminent removal from Canada after she was denied the ability to remain in Canada.

Jenkel argued that returning to the U.S. posed a risk of persecution due to policies under the Trump administration that eliminated official recognition of non-binary status and no longer issued documents including X marks for gender, in line with the majority of countries around the world.

Source: Wikimedia Commons

Since taking office in January, Trump has signed an executive order that bars federal recognition of transgender and non-binary identities, bans men from participating in women’s sports, and dismantled DEI programs across government agencies. In the U.S., gay, bisexual and transgender people continue to be legally protected by various laws, including the Civil Rights Act. The LGBT Equality Index currently ranks the U.S. as the 29th LGBT-friendly country in the world, ahead of the United Kingdom and Costa Rica.

Lawyers at Toronto-based Smith Immigration Law, who specialize in asylum and immigration cases, called the ruling a significant legal milestone.

“What we’re seeing here is an important determination from the judiciary that this isn’t business as usual,” said lawyer Sarah Mikhail.

Justice Blackhawk, the first Indigenous woman appointed to the Federal Court, also acknowledged Jenkel’s role as a caregiver for their Canadian partner, who suffers from a seizure-related medical condition.

Jenkel alleged in The Globe and Mail that she fears harassment and legal jeopardy in the U.S., particularly in southern states where most of her family resides.

“No matter what I do, I look trans. People read me that way no matter the gender expression I portray,” they said.

Canadian immigration lawyers say inquiries from LGBTQ Americans have surged since the reelection of Trump, on par with an increase of LGBTQ identification in the U.S.