Federal Judge Orders Release of Mexican Transgender Asylum Seekers

Recently, a federal judge intervened to release Mexican transgender immigrants seeking asylum in the U.S. The individuals had faced accusations of being raped by a cartel member. This decision came from U.S. District Judge Amy Baguio, appointed by President Joe Biden, who found that these asylum seekers were deprived of their freedom without proper judicial processes while held at the Northwest Immigration and Customs Enforcement (ICE) facility in Tacoma, Washington.

One key case involves a 24-year-old transgender woman referred to as “OJM.” She was apprehended outside a Portland courtroom last month and subsequently moved to the Tacoma facility. The situation caught the attention of Judge Baguio, who ruled that ICE’s actions violated basic procedural safeguards.

The nonprofit organization Innovation Law Lab, representing OJM, expressed relief at the ruling and criticized her confinement in a male facility. In a recent social media post, they highlighted the harshness of her situation, stating that former policies had forced her into this arrangement and labeled the detention as unconstitutional. They noted, “Seeking asylum is legal and a human right. This is a significant victory for trans and immigrant communities in Oregon.”

OJM’s legal team explained that her asylum claim was based on the threats and violence she faced in Mexico due to her gender identity and sexual orientation. After a judge authorized a government request to drop her asylum case in early June, OJM was arrested, leading to her transfer to the detention center where she remained for over 40 days.

In response, her attorney filed a habeas corpus petition, urging the court to review the legality of her detention. They argued that OJM’s rights were overlooked and that she was not properly informed about her legal status.

The judge’s ruling highlighted ICE’s failure to communicate timely and adequately regarding the legal standing of detainees, which further demonstrated procedural inequities in the system. A lawyer from the Immigration Law Group underscored the need for clarity in asylum processes, which he claimed had not been adhered to in OJM’s case.

According to OJM’s petition, threats against her life due to her transgender identity prompted her to flee to the U.S. Seeking safety, she arrived in September 2023. Her attorney emphasized that OJM had been compliant, having regularly checked in with ICE and committing no crimes during her time in the U.S.

Under Oregon’s Sanctuary Law, long-term immigration detention facilities are restricted, with the Tacoma facility being the closest to Portland’s temporary holding cells.