Transgender Detainee faces Potential Re-Deportation Despite Abuse, Legal Protections
A transgender woman detained by Immigration and Customs Enforcement (ICE) is facing potential deportation to a third country after fleeing persecution, despite a judge’s previous order protecting her from removal to Guatemala and documented experiences of sexual assault and discrimination while in detention. Andrea Tepeque, who built a life in florida, fears being sent to a nation “in which she has already suffered transformation sexual violence and hate crimes,” according to her legal team.
Since February, Tepeque’s lawyers have repeatedly sought clarification from the department of Homeland Security (DHS) and ICE regarding her status and the potential destination country. In June, ICE informed her lawyers she could be removed to Mexico and pressured her into a credible fear interview without legal portrayal. That request was subsequently denied by the Asylum Office. A legal filing argues Tepeque’s detention has exceeded six months without indication of a third country’s acceptance, rendering her continued detention unlawful.
The case highlights the precarious situation faced by LGBTQ+ asylum seekers in U.S. immigration detention. Tepeque’s lawyers allege she has endured “homophobic discrimination and sexual assault as a transgender detainee in a men’s installation” and that officials failed to intervene. They state she ”continues to live under an extreme fear for her safety.”
Tepeque, who has been in the U.S. for over a year, described her life in Florida as “very beautiful,” where she “took care of my puppies, worked, helped my family, did things well.” She maintains the U.S. remains the only place where she can live freely and happily as a transgender woman. Notably, ICE officials reportedly told Tepeque “that it was not their fault that I would have chosen the life of being trans.”
