Rickardo Anthony Kelly was shot 10 times in his home country of Jamaica by attackers who targeted him for being gay. So, after the attack, he fled to the United States and began seeking asylum in May 2021, his lawyer says. But now, Immigration and Customs Enforcement (ICE) agents have arrested the 40-year-old asylum seeker, and theyre threatening to return him to Jamaica, where he fears hell be killed for being gay.While Kelly initially overstayed his tourist visa into the U.S., he was approached by ICE agents last Monday morning while attending a routine immigration appointment for asylum in Lower Manhattan, New York City. The agents offered him $1,000 to self-deport, but he refused. Related A trans woman fled a deadly cartel in Mexico. Trump is trying to send her back. But because Kelly has a pending misdemeanor third-degree assault charge from a prior domestic dispute a charge which is set to expire in a month under its statute of limitations he was apprehended under the Laken Riley Act, a recently passed bipartisan law allowing the deportation of noncitizens accused of crimes, Courthouse News Service reports.I told the ICE officers that Mr. Kelly does not pose any risk of danger or flight, his asylum attorney Peter Schuur said. I explained that he is a hard-working man whose consistent goal since I began representing him in 2021 has been to remain in New York and be a productive member of society. I believe that, if Mr. Kelly returns to Jamaica, he faces a grave risk of being killed or severely injured because he is gay. Never Miss a Beat Subscribe to our newsletter to stay ahead of the latest LGBTQ+ political news and insights. Subscribe to our Newsletter today Kelly was apprehended in a growing ICE trend of apprehending immigrants when they appear for their legally scheduled immigration and court appointments. The detainments deny undocumented immigrants their legally protected right to due process and also discourage other immigrants from honoring their upcoming legal appointments.Kelly has filed a habeas corpus petition, a legal filing to challenge the legality of a detention or imprisonment. He seeks a temporary restraining order to free him from ICE custody. He also worries that his detainment may be fatal if hes not allowed to access his diabetes medication while imprisoned. When asked about Kellys case, Department of Homeland Security spokesperson Tricia McLaughlin claimed that Kelly entered the U.S. in 2016 (five years before his lawyer claims) and said, All his claims will be heard by a judge. Why does the media continue to peddle sob stories of these criminal illegal aliens?Equaldexreportsthat in addition to same-sex marriage being illegal, homosexuality among men remains outlawed in Jamaica and can be punished with up to seven years in prison. Homosexuality among women is not explicitly illegal, but sodomy between any two humans is punishable with up to 10 years in prison. The country also does not legally recognize transgender identities.A2023 report found that LGBTQ+ Jamaicans face horrific violence, discrimination, and persecution and lack the most basic protections under the law and that the situation is getting worse. Activists have called on the country to repeal its antiquated sodomy laws, saying that even though they are rarely enforced, they contribute to the stigma surrounding LGBTQ+ people.Subscribe to theLGBTQ Nation newsletterand be the first to know about the latest headlines shaping LGBTQ+ communities worldwide.