Gay Jamaican Asylum Seeker Detained by ICE Before Hearing Fights for Release

Rickardo Anthony Kelly, a 40-year-old gay man who fled Jamaica after surviving a violent anti-gay attack, is fighting for his release from U.S. Immigration and Customs Enforcement (ICE) custody after being detained before his scheduled asylum hearing in Manhattan earlier this week. According to court documents and multiple news reports, Kelly was waiting at an immigration courthouse accompanied by his attorney when ICE officers approached, offered him $1,000 to self-deport, and then arrested him upon his refusal .

Kelly’s case highlights the acute dangers faced by LGBTQ+ asylum seekers from countries like Jamaica, where same-sex relations remain criminalized and anti-LGBTQ+ violence is widespread. In 2021, Kelly was the victim of a brutal attack in Jamaica motivated by his sexual orientation, during which he was shot ten times. He subsequently fled to the United States on a tourist visa, seeking refuge from the threats to his life . Human rights organizations and his legal team argue that deporting Kelly would expose him to renewed violence and potentially fatal consequences, given Jamaica’s continued hostility toward LGBTQ+ individuals .

Kelly’s attorney and advocates have expressed grave concern for his health while in ICE custody. Kelly is diabetic, and his habeas corpus petition claims that incarceration could lead to “severe and quite possibly fatal” medical complications if he does not receive proper care . LGBTQ+ advocacy groups have long documented the particular vulnerabilities of LGBTQ+ immigrants and asylum seekers in detention, including discrimination, lack of access to adequate medical treatment, and a heightened risk of abuse .

A writ of habeas corpus was filed on Kelly’s behalf on Wednesday, calling for his immediate release and citing the urgent humanitarian concerns surrounding his detention . The U.S. government has been ordered to show cause for Kelly’s detention by Saturday, though prosecutors have requested an extension until Wednesday .

LGBTQ+ immigrant advocacy organizations, including Immigration Equality and the National Queer Asian Pacific Islander Alliance, have condemned the arrest and called for ICE to release Kelly pending his asylum proceedings . In statements to the press, advocates stressed that the U.S. has a legal and moral obligation under international law to provide safe haven for those fleeing persecution based on sexual orientation or gender identity .

Kelly’s case is the latest in a string of high-profile incidents where LGBTQ+ asylum seekers have been detained or deported by ICE before their claims could be fully heard. Studies and reports from organizations like Human Rights Watch and Amnesty International have found that LGBTQ+ individuals are disproportionately targeted for violence both in their home countries and within U.S. detention facilities . Advocates argue that the U.S. asylum system must be reformed to better protect those fleeing identity-based persecution, and to ensure the safety and dignity of LGBTQ+ people seeking refuge.

As Kelly awaits a judge’s ruling on his detention, his fate remains uncertain. His supporters continue to press for his release, emphasizing the life-threatening risks he faces if returned to Jamaica and the urgent need for reforms that recognize the unique vulnerabilities of LGBTQ+ asylum seekers in U.S. immigration custody.