Transgender Women Illegally Transferred to Men’s Prisons Amidst Widespread Backlash

Washington D.C. – Despite federal court rulings, transgender women are being illegally transferred to men’s prisons, sparking widespread criticism from civil rights groups and legal experts.
The Trump administration’s directive, issued in 2023, mandates that transgender inmates be housed according to their biological sex, rather than their gender identity.
Additionally, the policy prohibits federal funds from being spent on gender-affirming treatment or procedures for people in custody. This move has been met with significant backlash, as it disregards the safety and well-being of transgender inmates.
Moreover, these transfers are in direct defiance of court orders that have barred the Trump administration from moving transgender women to men’s facilities, citing “irreparable harm.”
The Trump administration’s directive violates the rights of transgender inmates, who are already vulnerable to discrimination and violence.
Legal experts argue that this policy violates the Prison Rape Elimination Act, which requires federal officials to consider sexual assault risk and LGBTQ+ status when deciding where to place inmates. Attorney Kara Janssen, who represents transgender women, condemned the policy, stating that it is “incredibly unnecessary and cruel.” Her clients, she added, are “desperate and scared.”
The American Civil Liberties Union (ACLU) has filed a lawsuit against the administration’s decision to withhold gender-affirming care from transgender inmates. According to Li Nowlin-Sohl, Senior Staff Attorney for the ACLU’s LGBTQ & HIV Project, “President Trump has consistently targeted transgender people for discrimination, persecution and erasure from public life.”
The Bureau of Prisons has rescinded guidelines protecting transgender inmates, including the Transgender Offender Manual. Internal memos reveal that officials are now requiring staff to refer to transgender residents by their legal names and incorrect pronouns.
Furthermore, requests for gender-appropriate clothing accommodations are being denied and transgender women are being forced to undergo pat-down searches conducted by male guards.