Aug 20
Federal Judge Orders Immediate Release of Gay Jamaican Asylum Seeker Detained by ICE
READ TIME: 3 MIN.
In a landmark decision on August 19, U.S. District Judge Analisa Torres ruled that Immigration and Customs Enforcement (ICE) must immediately release Rickardo Anthony Kelly, a 40-year-old gay Jamaican asylum seeker, from detention. The court found that ICE had violated Kelly’s fundamental right to due process by detaining him without proper notice or an opportunity to respond, and with no demonstrated change in circumstances to justify his sudden arrest. Judge Torres stated in her decision, "In light of the undisputed facts, there is no doubt that ongoing detention of with no process at all, much less prior notice, no showing of changed circumstances, or an opportunity to respond, violates his due process rights" .
Kelly arrived in the United States in 2021 on a tourist visa, seeking safety after surviving a violent, anti-gay attack in Jamaica. According to court records and Kelly’s habeas corpus petition, the attack left him with ten gunshot wounds, underscoring the severe risks faced by LGBTQ+ individuals in Jamaica, where discrimination and violence against sexual minorities remain widespread and deeply entrenched . Since arriving in the U.S., Kelly had been working as a security guard in New York City while pursuing his asylum claim .
On August 4, 2025, Kelly was detained by ICE agents at a Manhattan immigration courthouse while waiting for a prescheduled asylum hearing, accompanied by his attorney. Reports indicate that ICE officers offered Kelly $1,000 to self-deport to Jamaica—a country where his life had been threatened—before arresting him when he refused. Kelly’s legal team immediately filed a habeas corpus petition, arguing that his detention was both unlawful and dangerous, given his medical condition as a diabetic and the heightened risks of deportation to Jamaica .
The petition emphasized that Kelly’s continued detention could lead to “severe and quite possibly fatal” medical complications, and that deporting him to Jamaica would expose him to renewed violence and persecution due to his sexual orientation .
Immigrant rights and LGBTQ+ advocacy organizations have sharply criticized ICE’s tactics, particularly the practice of detaining individuals at or near immigration courts. Advocates argue that such actions undermine trust in the immigration system and discourage vulnerable individuals from attending mandatory hearings. Federal authorities had previously been directed not to make these arrests in or near immigration courts, precisely to avoid sowing fear and confusion within immigrant communities .
Kelly’s case has drawn national attention, with many viewing the judge’s decision as a critical affirmation of due process rights for all asylum seekers, regardless of sexual orientation or nationality. The ruling also highlights the ongoing risks faced by LGBTQ+ asylum seekers, both in their countries of origin and within the U.S. immigration system .
Medical advocates have also raised serious concerns about the dangers faced by LGBTQ+ individuals in immigration detention facilities. Kelly’s status as a diabetic and a survivor of severe trauma compounded the urgency of his release, as detention conditions often fail to meet the medical and psychological needs of vulnerable populations .
While Judge Torres’s order has secured Kelly’s immediate release, his asylum proceedings are ongoing. Legal and advocacy groups continue to monitor the case closely, emphasizing that Kelly’s experience reflects broader systemic challenges for LGBTQ+ asylum seekers in the U.S. As organizations press for reforms, they reiterate the need for robust protections, humane treatment, and respect for the rights of those fleeing persecution because of their sexual orientation or gender identity .
