This week, the Department of Homeland Security (DHS) has criticized a U.S. district judge, recently appointed by President Biden, for instructing that illegal transgender individuals from Mexico—specifically, men identifying as women—be released from male-only detention centers.
One of these individuals, Odalis Jonathan Martinez Velazquez, was detained in an Immigration and Customs Enforcement (ICE) facility for males, following a permanent executive order from former President Donald Trump aimed at ensuring women’s safety in ICE detention. DHS emphasized that it lists individuals for this purpose.
According to Breitbart News, the Oregon District Judge Baggio, a Democratic appointment, presided over the case.
This ruling seems to cater to two progressive causes, as DHS accused the judge of yielding to pressures from immigrant and transgender advocates while disregarding legal principles.
In another statement from DHS, it was noted that Velazquez entered the country unlawfully in 2023. After being released under the Biden administration, he was taken into custody on June 2, 2025, for expedited removal processing.
DHS Deputy Director Tricia McLaughlin commented:
The president has indicated that DHS does not support radical gender ideologies when it comes to detaining illegal immigrants. Immigration judges, not district judges, should make decisions about whether Velazquez should be released or kept in detention. Activist judges are overlooking the biological realities of gender, which undermines ICE’s goal of ensuring a safe and humane environment for women in detention, and it complicates our immigration framework and the mission of Americans to oppose extreme gender ideologies.
A Thursday statement from DHS reiterated that the executive order signed on January 20 by Trump aims to protect women from extreme gender ideologies and affirm biological truths in federal governance.
“Velazquez is not an exception,” DHS remarked.
At this point, DHS has not clarified how it intends to respond to the judge’s ruling, nor has it indicated if Velazquez will remain in a male-only facility throughout the deportation proceedings.
