In a significant policy shift, President Donald Trump signed an executive order on January 22, 2025, redefining the federal government’s recognition of sex as strictly male or female, based on biological characteristics at birth. This order mandates that federal agencies, including the Bureau of Prisons, align their policies accordingly, leading to the reassignment of transgender inmates to facilities corresponding with their sex assigned at birth.
Historically, the placement of transgender inmates in U.S. prisons has been a complex issue. Policies have varied over time and across jurisdictions. In 2012, the U.S. Department of Justice released guidelines advising corrections agencies against placing transgender inmates solely based on their birth anatomy, emphasizing individualized assessments. However, in 2018, the Federal Bureau of Prisons revised its Transgender Offender Manual, stating that housing decisions would “use biological sex as the initial determination,” with gender identity considered only in rare cases.
The recent executive order reinforces this approach, explicitly directing that transgender inmates be housed according to their sex assigned at birth. This policy change is expected to affect numerous transgender individuals currently incarcerated in federal facilities.
The reassignment of transgender inmates to facilities that align with their birth-assigned sex raises significant concerns regarding their safety and well-being. Transgender individuals, particularly transgender women housed in men’s prisons, face heightened risks of sexual assault and violence. Studies have indicated that transgender inmates are disproportionately victimized; for instance, they make up 59% of prison sexual assault victims, despite representing a smaller fraction of the prison population.
Advocates argue that housing transgender inmates according to their gender identity can mitigate these risks and affirm their dignity. Policies in some states have reflected this perspective. For example, in January 2022, New York Governor Kathy Hochul directed prison administrators to allow transgender individuals to choose housing facilities that correspond with their gender identity.
The executive order’s directive to house inmates based on birth-assigned sex may face legal challenges. The 2020 Supreme Court decision in Bostock v. Clayton County established that discrimination based on gender identity is a form of sex discrimination under Title VII of the Civil Rights Act. This precedent could be invoked to argue that the new policy constitutes unlawful discrimination against transgender individuals.
Moreover, the order’s implications extend beyond housing assignments. It also halts gender-affirming medical care for transgender inmates, which has been recognized by medical professionals as essential for the well-being of transgender individuals. Denial of such care has previously been challenged in courts, with some rulings affirming that withholding necessary treatment violates the Eighth Amendment’s prohibition against cruel and unusual punishment.
LGBTQ+ advocacy groups have expressed strong opposition to the executive order, emphasizing the potential harm to transgender inmates. Shawn Thomas Meerkamper, managing attorney at the Transgender Law Center, noted that while the order initiates steps to change federal regulations, it hasn’t altered anyone’s rights yet. The administration’s framing of the order as protecting women from “gender extremism” has been criticized as a distraction from its regressive impact on vulnerable populations.
These organizations are preparing for legal battles to challenge the order, aiming to uphold protections for transgender individuals in federal custody. They argue that the policy not only endangers the physical safety of transgender inmates but also undermines their human rights.
The executive order signed by President Trump marks a pivotal change in federal policy regarding the treatment of transgender inmates. By mandating housing assignments based on sex assigned at birth and restricting access to gender-affirming care, the order has sparked significant controversy and is poised to face legal challenges. The outcome of these disputes will have profound implications for the rights and well-being of transgender individuals within the U.S. prison system.