Trump’s executive order leads to forced transfers
Transgender women in US prisons have been forcibly moved to men’s facilities under an executive order issued by President Donald Trump, despite multiple court rulings blocking the policy, civil rights lawyers and incarcerated individuals report.
Trump’s directive on transgender inmates
The directive was issued on Trump’s first day in office and requires the attorney general to ensure that “males are not detained in women’s prisons or housed in women’s detention centers.” It also blocks federal funding for gender-affirming medical care for incarcerated individuals.
Court rulings challenge the policy
Trump’s order was quickly challenged in federal court, with judges ruling that the US Bureau of Prisons (BOP) cannot deny medical care or transfer transgender women to men’s facilities. One judge even warned that enforcing the order would cause “irreparable harm.”
Despite these rulings, transgender women not directly named in lawsuits have reportedly been transferred.
Trans women express fear after transfers
A recent report highlights the case of Whitney, a 31-year-old trans woman, who was forcibly moved to a men’s prison. Prison records show that her gender marker was changed from “female” to “male.”
Before her transfer, Whitney expressed her fear, stating she felt like a “pawn in others’ political games.”
Legal experts warn of rights violations
Attorney Kara Janssen, who represents transgender women in ongoing litigation, revealed that she has received reports of more trans women being relocated to men’s prisons or having their gender markers altered against their will.
Under the Prison Rape Elimination Act (PREA), prisons are required to assess the risk of sexual violence for LGBTQ+ inmates and consider their safety when making housing decisions. Legal experts argue that Trump’s directive violates this federal mandate.
Harsh conditions for transgender inmates
Beyond forced transfers, Trump’s order has created chaos, worsening the already difficult conditions for transgender people in prison.
Internal memos obtained by The Guardian reveal that prison staff have been instructed to:
- Refer to trans inmates by their legal names and incorrect pronouns
- Prohibit gender-appropriate clothing
- Revoke policies allowing trans women to be searched by female guards
Reports also suggest that some trans women have been forced to surrender personal underwear, including bras and boxers, and have been subjected to invasive searches by male officers.
Advocates condemn the new policies
Susan Beaty, a senior attorney for the California Collaborative for Immigrant Justice, described reports of male guards searching trans women in ways inmates characterized as “groping.”
Beaty further stated that the administration’s policies are “intentionally terrorizing and traumatizing incarcerated trans people.”
Attorney Kara Janssen warned that these policies “essentially sanction sexual assault”, adding that some trans women have reported experiencing suicidal thoughts and nightmares due to these changes.
