DHS slams judge's release of transgender asylum seeker detained by ICE agents in Portland

PORTLAND, Ore. (KOIN) — The Assistant Secretary of the Department of Homeland Security has accused an Oregon judge of "caving" to pressure from activists after she ordered the release of a transgender asylum seeker from Mexico who was detained by Immigration and Customs Enforcement agents last month.

In a Thursday press release, Assistant Secretary Tricia McLaughlin referred to "Biden-appointed" U.S. District Judge Amy Baggio as an "activist judge" who "is ignoring the biological reality of sex."

McLaughlin further noted the 24-year-old woman - referred to as OJM by her attorneys - "was placed into ICE’s male detention center in accordance with the President’s Executive Order and for the safety of women in ICE custody." The release also contained a photo of OJM.

OJM had already been in the United States for two years and was originally at a hearing for her asylum case in Portland on June 2 when ICE officials asked the court to dismiss her case and detained her.

In response, attorneys at the Portland-based Innovation Law Lab said they filed an emergency petition, arguing ICE used “deceptive and unethical practices” to detain her and strip her of her due process rights.

According to OJM’s attorneys, after she left the courtroom, ICE agents arrested her “in an attempt to end her asylum claim, transfer her, and rapidly deport her.”

“This is a dangerous attempt by ICE to circumvent due process, speed up deportations, and eviscerate the right to asylum,” said Innovation Law Lab Attorney Jordan Cunnings after OJM’s arrest. “This unethical behavior goes against the values we hold as Oregonians, ensuring that everyone is welcomed and included in our state.”

According to court documents, Judge Baggio claimed that OJM was “erroneously deprived by the Government without procedural due process through the series of Government actions.”

OJM was abducted and raped in Mexico because of her gender identity and sexual orientation “at the hands of a dangerous cartel,” OJM’s attorneys said, noting she fled to the United States for safety.'

Innovation Law Lab called McLaughlin's recent comments "disgusting" and an attempt to further intimidate an asylum seeker because of her gender identity.

“Let’s be clear, the federal government is attempting to dox and intimidate this asylum seeker simply because she is trans," they said. "This is a disgusting effort to distract from the real issue. ICE is trampling due process, a core, fundamental freedom that protects every person in the United States, no matter where they were born. Asylum seekers have been following all the rules in their legal applications for asylum and federal agents are still snatching them off the street unlawfully.“

Judge Baggio officially ordered OJM's release on July 14.