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Transgender women in the U.S. prison system have found themselves transferred to men’s facilities due to an executive order issued by former President Donald Trump. This decision persists despite multiple federal court rulings that have attempted to block the implementation of the policy, as disclosed by civil rights attorneys and reports from inside correctional facilities.
On his first day in office, Trump enacted a controversial order targeting what he termed “gender ideology.” This directive mandated that the attorney general ensure that biological males are not housed in women’s prisons or detention centers and that federal funding would not be allocated for gender-affirming treatments or surgeries for incarcerated individuals.
The order quickly faced judicial scrutiny. In response to three lawsuits filed in support of trans women currently in women’s prisons, federal judges have issued rulings preventing the Bureau of Prisons (BOP) from denying these women medical care or relocating them to male facilities. One judge remarked that the plaintiffs had “clearly demonstrated that irreparable harm will follow.”
Though these court decisions have halted the transfers of the 17 trans women who are involved in the lawsuits, those not included in the litigation are reportedly still being placed in men’s facilities.
Whitney, a 31-year-old trans woman, expressed her distress following her transfer from a women’s facility to a men’s prison. Official records were altered to change her gender from “female” to “male.” In communications before her transfer, she lamented feeling like a “pawn in others’ political games,” with her full name withheld for safety concerns.
Kara Janssen, an attorney representing some of the plaintiffs in the ongoing litigation, disclosed that another trans woman outside the lawsuits was also recently moved to a male facility, where her gender marker was updated without her consent. In another shocking case, a newly incarcerated trans woman with a history of gender-affirming surgeries was placed in a men’s facility.
Under the Prison Rape Elimination Act (PREA), prisons are required to evaluate the risk of sexual assault for incarcerated individuals and to take LGBTQ+ status into account when making housing decisions. Critics argue that Trump’s policy of assigning trans women to men’s facilities blatantly violates these legal protections.
“This measure is both unnecessary and cruel,” Janssen asserted. “Our clients are living in fear and desperation.”
The BOP has not responded to requests for comment regarding these issues.
Transgender individuals have historically endured elevated levels of sexual violence and discrimination within the prison system, and the ramifications of Trump’s order have further exacerbated their exposure to harm. Legal experts indicate that these directives have led to significant disruptions and violations of the rights of incarcerated trans people.
Internal memos from the BOP indicate that staff have been directed to use the legal names and incorrect pronouns of trans individuals, alongside denying requests for gender-appropriate clothing. Additionally, policies permitting trans women to be searched by female guards have recently been revoked.
Susan Beaty, a senior attorney with the California Collaborative for Immigrant Justice, shared troubling reports from her clients in federal prisons. Some trans individuals were reportedly compelled to surrender their underwear, treated as if they were contraband items, and some experienced invasive searches characterized as “groping” by male guards. This environment has emboldened certain staff members to engage in harassment and intimidation against trans residents, according to Beaty.
“Life as a trans person in prison is already incredibly challenging, and the current administration’s actions are intentionally inflicting further trauma and distress,” Beaty remarked.
Janssen emphasized the severity of the situation, stating that some trans individuals have expressed feelings of hopelessness and have contemplated suicide due to the psychological impact of their experiences.
Prior to her transfer, Whitney described the intense anxiety surrounding her situation. After being placed in a “special housing unit” for a brief period, her doctor informed her that her hormone therapy would soon be reduced, a change she feared would dramatically affect both her physical and mental health. Although she was initially told she could retain her women’s underwear, she was ultimately instructed to prepare for her transfer to a men’s facility.
“I’m feeling all sorts of emotions—nervousness, worry, fear,” Whitney confided. “The uncertainty of safety is overwhelming. I never know if I’m really safe or not.”
The ongoing litigation aims to protect trans individuals’ housing and healthcare access. However, Janssen pointed out that the fight extends to those who have historically been housed in men’s facilities but are now at risk of being transferred again, in addition to advocating for basic rights and accommodations within the prison system. “This is a revival of cruel and unusual punishment, targeting a group for simply existing,” she argued.
A federal judge has publicly criticized the government for failing to address the significant concerns of trans individuals regarding how their gender dysphoria might worsen in men’s prisons due to factors like being subjected to searches by male officers or being forced to live in uncomfortable environments with other men.
Alix McLearen, a former acting director of the National Institute of Corrections (NIC), noted that Trump’s order poses risks to both trans individuals and prison staff. McLearen was instrumental in drafting policies aimed at protecting transgender individuals within the correctional system, a manual which has since been rescinded.
“Rapidly changing established policies without an adequate transition plan leads to chaos and confusion, which escalates tensions among prisoners and staff,” McLearen cautioned.
Moreover, the elevation of risks for trans individuals regarding sexual and physical assault in prisons is a matter of increasing concern, as highlighted by Julie Abbate, national advocacy director for Just Detention International, an organization dedicated to addressing sexual violence in the criminal justice system.
Drawing attention to the potential consequences of singling out trans individuals, Abbate remarked that such policies not only amplify their vulnerability but also place staff members in precarious positions when intervening in conflicts. Having contributed significantly to the national PREA standards, Abbate emphasized that not only are trans individuals being jeopardized, but the safety of all within prison environments is at risk.
Critics, including McLearen, argue that Trump’s mandate lacks justification and only serves to propagate a narrative that does not hold true. “This whole executive order is fundamentally flawed. It scapegoats trans individuals under the guise of protecting others, addressing fears that are unfounded,” McLearen concluded.
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www.theguardian.com