Trans folks are asking: is it time to leave the country? - INTO
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Trans folks are asking: is it time to leave the country?

As our human rights continue to be stripped away under this administration, it should come as no surprise that trans folks are weighing our options. In the face of several anti-trans court cases, book bans, and government layoffs of trans employees, it might be wise for us all to start considering,…you know…getting the hell out of dodge.

But where to? Well, according to one Redditor, Canada might be our best bet—with caveats.

FYI: refugee status is a valid option for leaving the US now.
byu/comradecaptainplanet intrans

While nothing has substantially changed concerning Canada’s Safe Third Country Agreement, which could act as a roadblock for folks seeking to flee the US under Trump, there is still a case to be made for trans folks seeking asylum from the US. According to the original poster, who spoke to a Canadian immigration lawyer about their case, “recent executive orders would count as a qualifying reason to apply in Canada from any country other than the US, and there is no rule stating that US trans folx can’t apply.”

Canada: Civil society organizations are urging the government to immediately pause the Safe Thirrd CountrAgreement. The agreement allows Canada to return asylum seekers to the United States, assuming that the U.S. is a safe destination for refugees. asianpacificpost.com… #transgender #lgbtq

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— Transgender World (@transworld.bsky.social) February 27, 2025 at 8:13 AM

Obviously it’s not a clear path to safety and will still require a lot of work, but it’s worth looking into. Another option is Australia, which accepts asylum seekers from persecuted social groups across the world.

There’s not a lot of clear information out there about whether trans people count as asylum seekers in the traditional sense, but as one commenter stated on the thread, there is a case to be made for HRT bans to classify as torture, which would make the case for asylum seemingly easier to fight. Under the definition of persons needing protection, defined as someone in “danger, believed on substantial grounds to exist, of torture within the meaning of Article 1 of the Convention Against Torture,” it seems that trans folks in states where persecution is ramping up might have a fair shot at gaining asylum.

But there’s also a bigger question in all this: if Canada does decide to include trans folks as asylum seekers, will there be a quota of some kind?

Possibly—and even if the attack on our legal identification documents continues, it’s not certain that asylum seekers won’t still be turned away. Basically, a lot of places that could offer us asylum are (predictably) dragging their heels.

For more information, this is a great resource for any trans person considering leaving the US.

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Henry Giardina (he/they) is the editor of INTO. He lives in Los Angeles. Past publications include the New York Times, The Believer, The New Yorker, The Paris Review Daily, The Atlantic, Film Comment, and Gizmodo. He is @punkgroucho on Twitter.