2SLGBTQ+ Yukoners say they won't be crossing U.S. border anytime soon

Jody Bräul was worried from the moment U.S. President Donald Trump was elected last fall. 

"It was like, 'oh, things are going to get worse,'" they said. 

Bräul didn't expect it to happen so quickly. The same day Trump took office, he passed an executive order stating that the U.S. government would only recognize two sexes: male and female.

Four months later, it's still not clear what that means for Bräul and other gender non-conforming Canadians who might travel to the U.S. 

Bräul, who lives in Whitehorse, uses the pronouns they/them and the gender marker in their passport is an "X." They're used to travelling across the border for ski and hiking trips with friends, but now they wonder if they might be denied entry – or worse.

"The really insidious thing about the 'flood the zone' approach that Trump is taking is that if you take it seriously, you seem like the crazy one," Bräul said, referring to the president's flurry of executive orders and announcements early in his term.  

In January, CBC News asked the U.S. Customs and Border Protection agency what Canadians with an "X" gender marker on their passports can expect if they try to enter the country. The agency referred CBC News to the White House press office, which has yet to respond.

Global Affairs Canada told CBC News it is unaware of any cases of Canadians being denied entry to the U.S. because of an "X" gender identifier in their passport. 

The federal government ranks safety risks for Canadian travellers visiting other countries, on a scale that goes from "avoid all travel" to "take normal precautions." Travellers to Denmark or the Netherlands, for example, are advised to exercise a high degree of caution due to the threat of terrorism.

Bräul expressed frustration that the federal guidance on travel to the United States is still "take normal precautions" — though the government quietly updated its online travel advice to remind Canadians to "expect scrutiny" from border patrol officers if they travel to the United States.

Helen Kennedy is the executive director of Egale Canada, an advocacy organization that works on behalf of the 2SLGBTQ+ community.

"We don't know right now what's going to happen and that's what makes it very, very difficult for people to assess the safety of whether or not they should be going into the States at all," Kennedy told CBC News in January. 

Kennedy said the Canadian government should explain in clear terms what transgender and non-binary people can expect at the border.

"I think that the Canadian government has a responsibility to inform folks of what's happening," she said. 

Reached in April, an Egale Canada spokesperson told CBC News the situation has not changed, nor did they have an update from Canada to share.

A Global Affairs Canada spokesperson told CBC News that officials are "monitoring the situation closely" – the same response the department gave three months earlier.  

'They can target anyone'

While official guidance around U.S. travel doesn't explicitly advise the 2SLGBTQI+ community against crossing the border, many feel it's risky in the wake of Trump's executive order in January. 

"That executive order targeted trans people. It basically erased the existence of all trans people – making us a target," said Storri Chesson, a trans woman who lives in Whitehorse. 

Chesson is used to participating in the annual Klondike Road Relay, from Skagway, Alaska, to the Yukon. 

"I'm not doing that this year," she said. "I just feel those races are not safe for me to even be a part of — which is kind of sad because it's something I've done for many years."

Chesson also loves visiting Skagway every summer, camping in Haines, Alaska, and kayaking in the ocean. But she says it's no longer worth the risk. 

Several members of the 2SLGBTQI+ community who spoke to CBC News referred to the story of Jasmine Mooney, a Canadian woman who was detained at the U.S./Mexico border in March and held in custody for nearly two weeks.

"[Seeing] even a white cisgender wealthy woman get taken into custody… if it can happen to her, who had been living in the United States, who had never done anything wrong, had no criminal record… just showed me they can target anyone," said Chesson.

Tharian Botting of Whitehorse identifies as a member of the 2SLGBTQI+ community. He says while queer, trans and non-binary community members may be the most outspoken about not feeling safe crossing the border, he believes that anyone could be targeted.

"I understand that Alaska is very isolated from the rest of the United States and we are closer neighbours with them than the other 49 states," he said. 

"I hope Yukoners can help our neighbours through this. But at the same time, I think people need to consider their safety – I certainly would not encourage anybody who is part of the 2SLGBTQI+ community to cross that border."