Transgender asylum seekers from Mexico have been released from immigration detention facilities after a district court ruling. U.S. District Judge Amy Baguio, who was appointed by President Joe Biden, directed the release of a 24-year-old asylum seeker, referred to as “OJM,” who identifies as a woman.
OJM had been held for over a month while seeking asylum legally, a situation described by his legal team as a violation of his rights. Following an arrest outside a Portland courtroom in June, OJM was transferred to the Northwest Ice Processing Center in Tacoma, Washington.
Legal claims have surfaced regarding OJM’s treatment and the circumstances of his asylum application. Judge Baguio’s order emphasized that OJM should not have been confined in all-male facilities, reflecting concerns about procedural safeguards in his detention.
Previously, another judge had dismissed asylum petitions related to threats and assaults OJM allegedly faced in Mexico. Drug cartels purportedly made death threats against him, targeting him specifically for being transgender.
“Fearing for her life, she fled and sought asylum in the U.S. in September 2023,” the court documents reportedly stated. Allegations included being raped by a cartel member, though these claims were not the basis for OJM’s release.
The nonprofit Innovation Law Lab, representing OJM, contended that they were not permitted to see their client or informed about his location, thus breaching due process. Judge Baguio sided with the argument that detention was inappropriate under such circumstances.
“OJM has been detained for over a month because he is legally seeking asylum. It is legal to seek asylum and advocate for human rights,” the organization highlighted, celebrating this decision as a significant win for the transgender and immigrant communities in Oregon.
Claims were also made that policies from the previous administration contributed to OJM’s placement in a male facility and other harsh conditions. A spokesperson from Homeland Security clarified that ICE is trying to avoid rapid removal of individuals with valid claims but will expedite deportation if claims are found to be unsubstantiated.
Requests for additional information regarding OJM’s case went unanswered by Homeland Security.
Judge Baguio has a background on the Multnomah County Circuit Court and has represented public defense counsel in federal cases.
