Transgender women incarcerated in the US prison system have been transferred to men’s facilities under Donald Trump’s executive order, despite multiple court rulings blocking the president’s policy, according to civil rights lawyers and accounts from behind bars.Trump’s day-one “gender ideology” order, one of several sweeping attacks on trans rights, said the attorney general “shall ensure that males are not detained in women’s prisons or housed in women’s detention centers” and that no federal funds go to gender-affirming treatment or procedures for people in custody.The executive order was quickly challenged in court. In three lawsuits filed on behalf of trans women housed in women’s prisons, federal judges have ruled that the US Bureau of Prisons (BOP) cannot withhold their medical treatment and was barred from moving them to men’s facilities. One judge said the plaintiffs had “straightforwardly demonstrated that irreparable harm will follow”.Lawyers fighting Trump’s directive say the court rulings prevented the transfers of 17 trans women who are plaintiffs in the cases, but others not included in the litigation are now facing placements in men’s facilities.“I’m just continuing to be punished for existing,” said Whitney, a 31-year-old trans woman who was transferred from a women’s facility to a men’s prison this week. The BOP changed her records from “female” to “male”, records show. In messages before her transfer, she said she felt like a “pawn in others’ political games”. The Guardian is not using her full name due to concerns about retaliation.Kara Janssen, an attorney representing trans women in litigation, said she learned of another trans woman not included in the lawsuits who was recently transferred to a facility that houses men, and also had the gender marker in her records changed. Janssen also learned of a trans woman newly entering the BOP system who had gender-affirming surgeries before her incarceration, but was placed in a men’s facility.Prisons are required under the Prison Rape Elimination Act (Prea), a longstanding federal law, to screen incarcerated people for sexual assault risk and consider LGBTQ+ status when making housing decisions. Legal experts say Trump’s blanket policy of housing trans women in men’s facilities clearly violates Prea.“This is incredibly unnecessary and cruel,” said Janssen. “Our clients are desperate and scared.”The BOP did not respond to requests for comment.Trans people have long faced high levels of sexual violence and discrimination behind bars, and the implementation of Trump’s order has unleashed chaos, panic and significant violations of their rights beyond the threats of housing transfers, attorneys said.Internal BOP memos seen by the Guardian show that officials are now requiring staff to refer to trans residents by their legal names and incorrect pronouns, as well as deny requests for gender-appropriate clothing accommodations. The BOP has also rescinded policies that allowed trans women to have their pat-down searches conducted by female guards.Susan Beaty, a senior attorney for the California Collaborative for Immigrant Justice, who represents roughly 20 trans people in federal prisons, said they have received reports that some trans people were forced under threat of discipline to hand over their underwear, including bras and boxers, as if they were contraband. They said they’ve also heard accounts of male guards searching trans women in encounters several of the women described as “groping”. Some staff have been emboldened to harass and taunt trans people, Beaty said.“It is already so difficult to be a trans person in prison in this country, and now this administration’s measures are intentionally terrorizing and traumatizing incarcerated trans people even further,” Beaty said.“It is essentially sanctioning sexual assault in some instances,” added Janssen, of the male pat-downs of trans women. Some trans people had told her they were suffering suicidal thoughts and daily nightmares.Whitney, who was recently transferred, said in interviews prior to her move that staff for weeks gave her conflicting information. In mid-February, she and another trans woman were placed into a form of isolation called a “special housing unit” and told they could be there for months, she said. The other woman attempted suicide out of fear of being transferred, she said.Days later, the women were moved back to the general population. Whitney’s doctor, however, then told her that her hormone therapy medications would start to be tapered down. Whitney said going off those medications would wreak havoc on her body and mind, describing it “like a slow death”. The doctor also said staff would start using male pronouns for her, though she said that had not happened yet. She said she was also told she would be allowed to keep women’s underwear she already owns, but would not be issued new garments.Last week, medical staff told Whitney her medications would not be changed after all, she said, but then days later, she was told to pack because she was being transferred to a men’s facility.skip past newsletter promotionafter newsletter promotion“I’m nervous. Worried. Apprehensive. Anxious. Scared. You name it,” Whitney said before her transfer. “One moment I am feeling relief, and the next I am growing gray hairs. That’s probably one of the most stressful things about all this. Are you safe or are you not?”The litigation is ongoing and is most immediately focused on maintaining trans people’s housing and medical care, attorneys said. But Janssen said lawyers would also be fighting for trans women who have long been housed in male facilities and were in the pipeline to be transferred, and advocating against the rollback of basic accommodations across the system. “It’s cruel and unusual punishment because you’re punishing this group for no reason other than you don’t think they should exist.”One judge criticized the US government for failing to address plaintiffs’ concerns that their gender dysphoria would be exacerbated in men’s prisons “whether because they will be subject to searches by male correctional officers, made to shower in the company of men, referred to as men, forced to dress as men, or simply because the mere homogenous presence of men will cause uncomfortable dissonance”.Alix McLearen, who was the acting director of the National Institute of Corrections (NIC) in 2022 before she retired in 2024, said Trump’s order endangers trans people and staff. The NIC is part of the BOP and does training and policy development for corrections officials. McLearen led the drafting and implementation of the “transgender offender manual” when she oversaw women and special populations at BOP. That manual has recently been rescinded.“If you yank this away, no one knows what to do,” McLearen said. “If you are going to change a policy, you [should] do it slowly and thoughtfully.”Confusion in a prison setting increases stress levels and the potential for conflict among staff and incarcerated people, McLearen said.Trump’s order also increases the already high risk of sexual and physical assault of trans people in prison, said Julie Abbate, the national advocacy director of Just Detention International, a human rights group focused on sexual abuse in prisons and jails.Putting a target on trans people in prison only increases their risk of assault, which in turn also puts staff in the dangerous position of intervening in violent situations, said Abbate, who spent 15 years at the civil rights division of the US justice department and helped draft national Prea standards.Trump’s policy has no benefit, McLearen said. The order purports to “defend women” in prisons, but McLearen said it addresses a problem that does not exist.“This is fake – this whole executive order is false on its face,” McLearen said. “It’s scapegoating. Trans people are easy to scapegoat.” More
