Trans women transferred to men’s prisons despite rulings against Trump’s order

The Trump Administration's Rollback of Transgender Prison Rights: A Controversial Policy Change

In a move that has sparked widespread concern among human rights organizations, the Trump administration rolled back Obama-era guidelines that allowed transgender individuals to be housed in prisons aligned with their gender identity. Instead, the Federal Bureau of Prisons began assigning inmates based on biological sex as determined at birth. This policy change has been met with fierce criticism from advocates for transgender rights, who argue that it places transgender women, especially those who are pre-operative or non-binary, at a higher risk of abuse, harassment, and violence in male facilities.

*The Policy Change: A Step Backwards*

The Trump administration's decision to roll back the Obama-era guidelines is seen as a significant setback for transgender rights. The previous policy, which allowed transgender individuals to be housed in prisons that align with their gender identity, was put in place to ensure the safety and well-being of transgender inmates. However, the Trump administration argues that the policy was too broad and needed to be revised ¹.

*Risks to Transgender Women*

Transgender women, particularly those who are pre-operative or non-binary, are at a higher risk of abuse, harassment, and violence in male facilities. According to the Human Rights Council, the murder rate for young, black trans women is alarmingly high, with 1 in 2,600 dying by homicide compared to 1 in 19,000 for the general population. The Trump administration's policy change is likely to exacerbate this problem, forcing transgender women to live in facilities that do not align with their gender identity ¹.

*Court Challenges and Rulings*

The Trump administration's policy change has been met with legal challenges, and courts have ruled in favor of transgender inmates. In May 2025, U.S. District Judge Royce Lamberth granted a preliminary injunction blocking the Trump administration's executive order prohibiting gender-affirming care for transgender people in federal prisons. The judge ruled that the order likely violated the Eighth Amendment, which protects against cruel and unusual punishment ².

*Impact on Transgender Community*

The Trump administration's policy change has had a significant impact on the transgender community. Many have expressed fear and anxiety about the potential consequences of being housed in a facility that does not align with their gender identity. Transgender advocates argue that the policy change is a violation of basic civil protections and that it will lead to increased violence and harassment against transgender inmates ¹.

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*Conclusion*

The Trump administration's rollback of transgender prison rights is a controversial policy change that has sparked widespread concern among human rights organizations. The decision to assign inmates based on biological sex rather than gender identity has been met with fierce criticism from advocates for transgender rights, who argue that it places transgender women at a higher risk of abuse, harassment, and violence. As the courts continue to grapple with the issue, one thing is clear: the treatment and rights of transgender individuals within the U.S. criminal justice system remain a pressing concern.