People facing deportation from Canada can request a preremoval risk assessment by Immigration, Refugees and Citizenship Canada before being sent back. They are generally allowed to stay if they are deemed to be at real risk of persecution or serious harm if they are deported.
Mx. Jenkel, who came to Ontario in 2022 as a visitor, represented themself at the risk assessment and was denied the right to remain in Canada. They were due to be deported after failing to get the required documentation to stay in Canada with their partner, a social-media influencer to whom they are now engaged to marry.
Mx. Jenkel told The Globe and Mail that the current climate in the United States is “scary,” and that, being non-binary, they are afraid of persecution if they return.
They said more people should be paying attention to the erosion of trans and non-binary people’s rights in the U.S.
“I also fear not being able to travel to see my family, as most of my family lives in the South, which has already been deemed unsafe for transgender people to travel. And I know that no matter what I do, I look trans. People read me that way, no matter the gender expression I portray.”
Mx. Jenkel said they came out as gender fluid/non-binary to their friends and on social media in 2015 when they were 14 and to their mother a year later.
Their gender marker was changed in the school system while in high school, and they took testosterone as a 15- and 16-year-old. However, their father objected to them taking hormones as a minor, and it was stopped abruptly. They started hormone therapy again at 18.
The Federal Court noted that Mx. Jenkel had fears about returning to an environment where they previously experienced fear as a non-binary person.
It acknowledged that Mx. Jenkel had caring responsibilities for their partner, who has a medical condition that brings on seizures.
Human-rights advocates have been calling on Ottawa to
provide a safe haven for gender-diverse residents of the U.S. after Mr. Trump signed an executive order saying a person’s biological classification is “immutable” and gender identity would no longer be acknowledged by the U.S.
Mr. Trump has also signed an executive order to prevent people assigned male at birth from
participating in women’s or girls’ sporting events, or from being sent to women’s prisons.
The U.S. government now only recognizes two genders and has stopped issuing passports and identity cards with an X gender marker to transgender and non-binary Americans.
Mr. Trump has also abolished the U.S. government’s diversity, equity and inclusion departments and taken steps to exclude transgender people from the U.S. military.