When the Angel Yenkel first came to Canada from the United States three years ago, the world was a different place.
Their Canadian boyfriend they visited was good health. And at home, the United States progressed to President Joe Biden’s transgender rights.
Now their funding is sick and requires regular care. And back home, US President Donald Trump quickly scales Trans-people rights that could put a gang that is not binary, cross-bodied.
So the gang presented his visa.
“It was really stressful for me to think back to the environment that changed and escalated constantly,” they told the CBC.
The gang was to be expelled from Canada this month. But the federal court’s judge published a depreciation time and claimed that his case investigates an immigration authority who has not taken into account their role in the care of their bride or “in the current circumstances of LGBTQ, non-binary and transsexual persons”
2SLGBTQ+ supporters say that this could create a precedent for other cases such as the gang, and help change the way in which Canada’s immigration system deals with US applications
Immigration, refugees and citizenship Canada (IRRC) refused to comment on the gang case, citing privacy.
Trump’s Trans Trans implementation regulations
Jenkel, a 24 -year -old artist from Minnesota, came to Canada in a visa in August 2022 to visit his then boyfriend, now a groom, social media influencer and Door Dash driver Thunder Bay, ont.
At first, the gang says they are going to stay for six months. But their bride’s epilepsy suddenly turned to the worst, and the gang has become his primary source of home care.
The couple now lives in London, ont. So he may be closer to the medical treatment he needs for their frequently occurred scenes.
At the same time, the political atmosphere of the US transgender transgender has dramatically changed during Trump’s second presidential term.
Republican President has issued a series of implementation orders that declare The United States recognizes only two sexes, a man and a woman” Stopping Gender Strengthening Treatment for Minors– Restriction of transsexual women and girls to participate in sportsand Prohibited by transgender people from serving in the army.
As the gang observed this opening from a distance, their loved ones in the United States warned them to stay in Canada.
“What is strange, hears my grandmother tell me that he is afraid to go back and like the people I have previously thought about Hardcore America’s friends,” Jenkel said. “They have been terrified of coming back to the ground.”
Deportation order ‘does not reflect current reality’
The gang was ordered to expel 3 July after the original risk assessment decided they had no credible threat in the United States
But the Minister of Justice Julie Blackhawk stopped the expulsion while waiting for the check. During his decision, he wrote “wrong and unreasonable” in the gang risk assessment.
This is due to the fact that the Immigration Authority, which carried out the review, used outdated information – the US government document, which was last updated in January 2024, says the Yenkel’s lawyer.
“It is a significant recognition that the circumstances have been weakened … Biden’s administration has gone to the office,” Sarah Mikhail, Smith’s immigration law in Toronto, said As happens Host Nil Kӧksal.
“These changes are significant enough that when assessing the conditions of trans and non-binary individuals in Canada, this is something that needs to be taken into account.”
As happens‘Huge relief’ after expulsion to a non-binary American in Canada stopped
Angel Yenkel came to Canada in 2022 and was expelled to the United States this month after the visitor’s visa overestimation. The judge interrupted it, citing the conditions of gender diverse people. Sarah Mikhail, a representative of the gang, spoke when it happened as host of Nil Köksali’s decision.
Devon Matthews, Director of Rainbow Railroad programs, told about the decision. A non -profit organization that helps 2SLGBTQ+ refugees stopped re -relocating US people earlier this year.
“First of all, we have seen the deteriorated conditions of US LGBTQI+ persons, from escalating of trans -legislation to targeted violence and growing legal uncertainty,” Matthews said in an email statement.
Rainbow Railroad is one of the many organizations who asked the Canadian government to re -think about how it evaluated asylum seekers and immigrants who come to Canada from the United States or through it
It urged Canada to overturn or release 2SLGBTQ+ applicants from a safe third country law (STCA) that prevents refugees from demanding refuge in Canada if they come through the United States
“This case could set an important precedent in recognizing that countries traditionally considered” safe “cannot be treated as such without inspection, especially for marginalized communities,” Matthews said.
In an email statement, IRCC invited STCA as “an important tool for our two countries to work together to arrange asylum requirements along the common border” and said that the government would check it “constantly”.
STCA does not apply to US citizens, such as the gang.
What is the next one?
Mikhail says he is a hopeful Blackhawk’s decision to trust the precedent, but warned that immigration requirements would be processed on a case -by -case basis.
“At this point, we may not encourage people to leave asylum requirements,” he said.
The decision to give a temporary return to the gang while awaiting a legal review of their cases and destroys for some time so that they can apply for a permanent stay with the groom as a sponsor.
They hope they get on the road to Canada’s citizenship, but are worried about their friends at home.
“Things are really scary,” they said. “We thought we could see progress and now we see all the progress in the wiped.”
