Federal judge orders release of transgender migrant from ICE custody

In the United States, a transgender asylum seeker from Mexico was released from an Immigration and Customs Enforcement (ICE) detention facility in Tacoma, Washington, following an order from a federal judge. Known in court documents as Odalis Jhonatan Martinez-Velasquez, she was detained for over 40 days after being arrested outside a Portland courtroom early in June 2025, when a judge granted the government's request to dismiss her asylum case. Her detention raised critical questions regarding procedural due process, particularly as she was held in a men's facility, where her safety and human rights were severely threatened. The legal battle was led by a nonprofit organization called Innovation Law Lab, which argued that Martinez-Velasquez had been deprived of her liberty without proper legal safeguards or notification regarding her detention. The judge ruled that ICE's failure to provide timely information about her whereabouts violated fundamental fairness, underscoring the legal obligations that ICE must adhere to in treating asylum seekers. Prior to her arrest, Martinez-Velasquez had legally crossed into the U.S. in September 2023, fleeing threats to her life due to her gender identity. The Department of Homeland Security (DHS) criticized the judge's decision, stating that it undermined the government's effort to maintain safe environments for women in custody during a time of increasing scrutiny over immigration policies. DHS officials asserted that the enforcement of Trump-era policies should dictate who is placed in the detention centers, emphasizing a distinction based on biological sex. The agency's backlash indicates ongoing tensions between judicial rulings and administrative policies regarding gender identity. Following her release, attorneys representing Martinez-Velasquez expressed relief, viewing the ruling as a significant victory for both transgender and immigrant rights in Oregon. They highlighted that no individual should suffer punishment for seeking asylum, and praised the court's recognition of Martinez-Velasquez's right to safety and freedom while her case proceeds. The overall case is emblematic of the broader issues that arise when immigration policy intersects with gender and human rights, opening a discussion on the best practices for the treatment of asylum seekers within the U.S. immigration system.