Judge Blocks ICE Deportation of Transgender Asylum Seeker: Why Due Process Still Matters
Imagine complying with every legal requirement, showing up for your day in immigration court, and being arrested on the spot — without warning, without access to your attorney, and with no explanation of where you’re going. For O.J.M., a 24-year-old transgender woman seeking asylum in the United States, this exact scenario unfolded in June 2025.
Her arrest outside an immigration courthouse in Portland, Oregon, has sparked national attention — and for good reason. The case highlights serious concerns about due process, the treatment of transgender immigrants in detention, and the limits of sanctuary state protections against federal enforcement.
What Happened to O.J.M.?
O.J.M. fled cartel-based violence in Mexico rooted in her gender identity. She lawfully entered the U.S. through a port of entry in California in September 2023, was initially detained, and later released. She filed for asylum in early 2025 and complied with all scheduled immigration check-ins. In June, she attended her hearing in Portland, Oregon — and was arrested by Immigration and Customs Enforcement (ICE) agents immediately after leaving the courthouse.
ICE transferred her to the Northwest ICE Processing Center in Tacoma, Washington. This transfer likely occurred because Oregon is a sanctuary state, meaning local agencies are limited in how they assist federal immigration enforcement. But ICE is a federal agency and doesn’t need permission from local authorities to detain someone.
Due Process and the Role of the Courts
The U.S. Constitution guarantees due process — the right to fair legal procedures before the government deprives someone of liberty. That includes the right to communicate with legal counsel, challenge government actions, and receive notice before adverse decisions are carried out.
When ICE detained O.J.M. without notifying her legal team and transported her across state lines without explanation, it triggered immediate legal concerns.
Judge Amy Baggio, a federal judge in Oregon, stepped in quickly. She issued an emergency order blocking O.J.M.’s deportation and required ICE to explain the basis for her detention and transfer. That order paused her removal — for now.
Why This Case Matters for Transgender Asylum Seekers
Transgender individuals face elevated risks in immigration detention. These include:
Physical and sexual abuse
Denial of gender-affirming medical care
Solitary confinement
Targeted harassment
For many transgender immigrants, detention is not just a procedural step — it’s a serious threat to health and safety. O.J.M.’s arrest and transfer to a federal facility underscore how vulnerable this population remains, even when following all legal requirements.
Sanctuary States and Federal Enforcement Power
Oregon, like other sanctuary jurisdictions, limits local law enforcement cooperation with ICE. But federal immigration agents can — and often do — operate independently within those states. That means individuals living in sanctuary cities or states may still be subject to sudden arrest or transfer.
This tension between state-level protections and federal authority creates confusion for immigrants and attorneys alike. Even when someone believes they are protected under state law, ICE’s federal power can override those boundaries.
Why Legal Representation Matters in Immigration Cases
Cases like O.J.M.’s highlight why strong legal advocacy is critical — not just for filing paperwork, but for responding to unexpected and unjust enforcement actions. Immigration law is a high-stakes legal system, and outcomes often hinge on whether someone has an attorney prepared to act quickly and effectively.
At Zachary W. Anderson Law, we provide compassionate, client-centered immigration services, with a focus on family-based petitions and naturalization. We understand the additional barriers LGBTQ+ immigrants face and are committed to protecting your rights every step of the way.
Frequently Asked Questions
Can ICE detain someone at an immigration courthouse?
Yes. While it is controversial, ICE agents can detain individuals outside or near immigration courts, even if the person is complying with legal proceedings. Some states and courts have policies discouraging this, but ICE is not bound by local restrictions.
What are the rights of transgender people in immigration detention?
Transgender individuals have the right to be protected from abuse, receive appropriate medical care (including hormone therapy, when prescribed), and be placed in facilities that align with their safety needs. In practice, however, these rights are frequently violated, and advocacy is often required to enforce them.
What is due process in immigration law?
Due process includes the right to notice, a fair hearing, legal representation, and an opportunity to challenge government actions. Sudden arrests without attorney notification or court involvement raise serious due process violations.
What protections do sanctuary states offer?
Sanctuary states like Oregon limit local cooperation with ICE — for example, restricting the use of local jails or resources for immigration enforcement. But these protections do not stop ICE, a federal agency, from operating independently within the state.
What can I do if ICE detains someone I know?
Contact an immigration attorney immediately. It may be possible to file an emergency stay of removal, a habeas petition, or seek court intervention to stop deportation or secure release from detention.