A San Francisco-based drag performer, known by the stage name Hilary Rivers, was detained by Immigration and Customs Enforcement (ICE) officers on 26 June, moments after attending his asylum hearing. They were later transferred to an ICE detention facility near Bakersfield.
According to the San Francisco Chronicle, Rivers, a Central American native, was in court seeking asylum based on what has been described as “traumatic and severe” persecution in his home country. Although a government attorney attempted to dismiss his claim during the hearing, the judge declined. Nevertheless, ICE agents took Rivers into custody as he exited the courthouse.
He is one of at least 20 individuals in San Francisco who have been arrested under a new federal practice allowing for courthouse detentions—part of a broader immigration crackdown by the current presidential administration.
Legal Asylum Under Threat
Rivers had legally entered the United States through CBP One, a program introduced during President Biden’s term that permitted migrants to cross the US-Mexico border and remain lawfully while awaiting asylum hearings. However, this program has since been scrapped, and probationary status for migrants admitted under it revoked.
Since late May, federal authorities have deployed attorneys to immigration courts with the aim of dismissing asylum applications. Once dismissed, individuals lose the protections that pending immigration status would typically offer. Of the roughly 20 asylum seekers detained at court in San Francisco, only two have had their cases dismissed.
Milli Atkinson, legal director at the San Francisco Immigrant Legal Defense Collaborative, described the detainment as “a complete, flagrant violation of what our asylum system was built on.”
“He was doing everything, complying with every rule there could possibly be. Every day he’s been in the U.S. has been lawful,” Atkinson added.
Rivers’ detainment was witnessed by a Rapid Response Network attorney, who ensured he was informed of his legal rights and helped prevent any immediate deportation. For safety reasons, advocates continue to use his stage name publicly.
He was located at the Bakersfield facility the day after his detention.
Community Support Grows
Just a night before his court appearance, Rivers performed in the Miss & Mr. Safe Latino pageant, a community event supported by Instituto Familiar de la Raza.
In press materials, the institute described Rivers as someone who “hopes to be an example of tolerance in her San Francisco community. Although she grew up with discrimination at home, her message centres on queer joy, where everyone deserves to be happy as they are.”
Rivers began performing in Guatemala at age 17 and earned the nickname “la pupusera” after a pageant performance featuring a pupusa cart—an image that has become part of his drag legacy.
Following his detention, community organisations and LGBTQ+ advocates rallied in support of his release. San Francisco Pride issued a statement condemning the federal government’s actions.
“We stand shoulder to shoulder with Instituto Familiar de la Raza, queer Latinx leaders, and Hilary’s chosen family as we figure out how to support his immediate release from ICE detention,” the organisation said.
“San Francisco Pride vehemently rejects the continued attacks on immigrant communities by the federal administration, SCOTUS rulings, and the splintering of our communities by ICE on the basis of violations to due process and our city’s sanctuary policy.”
They further stated that San Francisco’s identity as a vibrant, inclusive city is largely thanks to the contributions of immigrants, particularly queer immigrants.
