Trump Orders Transgender Women Housed in Men’s Prisons

On his first day back in office, President Donald Trump signed an executive order that mandates transgender women be housed in men’s prisons and halts gender transition-related medical treatments within federal facilities. This action is part of a broader policy shift that seeks to limit government recognition of gender identity to an individual’s sex assigned at birth.

The order directs federal agencies, including the Federal Bureau of Prisons and the Department of Homeland Security, to ensure that transgender women are not placed in women’s prisons, including in immigration detention centers. This policy shift aims to redefine how federal agencies approach gender identity across various settings, including detention facilities.

The move has sparked strong criticism from civil rights and transgender advocacy groups, who argue that it violates the rights of transgender individuals and places them at greater risk of violence and harassment. Transgender women in men’s facilities are statistically more likely to experience sexual assault and abuse. Shannon Minter, legal director of the National Center for Lesbian Rights, has stated that the policy will result in “rapes and physical assaults” of transgender inmates.

However, organizations such as the Women’s Liberation Front have expressed support for the order, viewing it as a win for advocates who push for sex-segregated spaces based on biological sex. These groups argue that the policy protects the safety and integrity of women-only spaces, including prisons.

Legal experts expect this executive order to face significant legal challenges. Courts have previously ruled that denying gender-affirming care to transgender inmates could violate the Eighth Amendment’s prohibition on cruel and unusual punishment. Additionally, the Prison Rape Elimination Act (PREA) guidelines, which were adjusted under previous administrations to protect transgender prisoners, may conflict with the new directive.

This policy is seen as part of a larger effort by the Trump administration to reverse protections for transgender individuals, including restrictions on gender-affirming care and the recognition of non-binary gender markers on official documents like passports. Reports indicate that the order has already led to transgender inmates being moved into isolation or facing transfers to men’s facilities.