Trump Issues Executive Order on Transgender Inmates, Limiting Housing and Medical Treatments

On his first day in office, President Donald Trump signed a sweeping executive order that mandates the transfer of transgender women inmates to men’s prisons and halts medical treatments related to gender transition. The order seeks to limit government recognition of gender identity, emphasizing a focus on sex at birth.

This directive applies not only to federal prisoners but also to individuals held in immigration detention centers, marking one of the more substantial provisions of the order. During his previous term, Trump imposed restrictions on the housing and healthcare of transgender prisoners, but this new measure is more comprehensive.

The Women’s Liberation Front, a group that advocates for single-sex prisons based on biological sex, celebrated the order as “a major victory.” The organization is currently challenging a California law that allows inmates to request housing in alignment with their gender identity, arguing that the law infringes on the constitutional rights of non-transgender women, particularly their Eighth Amendment rights against cruel and unusual punishment.

Trump’s directive aligned with these views, asserting that efforts to deny the biological reality of sex undermine women’s safety, dignity, and well-being. On the other hand, transgender rights advocates have criticized the policy, arguing that it exposes transgender individuals, particularly those incarcerated, to significant danger. Shannon Minter, legal director of the National Center for Lesbian Rights, which has advocated for transgender prisoners, warned that the policy would result in increased sexual assaults and violence.

Minter also expressed concerns for prison staff, who currently have discretion in determining housing decisions to maintain safety and security within correctional facilities. Legal experts believe the executive order could face significant legal challenges. Federal courts have historically ruled that prison systems have an obligation to protect vulnerable inmates, including providing necessary medical care such as hormone therapy for individuals diagnosed with gender dysphoria, a condition where an individual experiences distress due to a mismatch between their physical sex and gender identity.