Transgender women being forcefully transferred to men prisons after Trump's order: 'Pawn in others' political games'

Imprisoned transgender women in the US have been forcibly moved to men prisons under US President Donald Trump's executive order. This, as per reports, have been done despite multiple court rulings blocking the policy, civil rights lawyers and incarcerated individuals report.

Trump's executive order on transgender women and men's prisons

The directive was issued by Trump on his first day in office. It orders the attorney general to ensure that "males are not detained in women's prisons or housed in women's detention centres" and blocks federal funding for gender-affirming medical care for those in custody.

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However, Trump's order was swiftly challenged in court, with federal judges ruling that the US Bureau of Prisons (BOP) could not deny medical care or transfer trans women to men's facilities. One judge even warned that "irreparable harm will follow" if the order is enforced.

Despite these rulings, trans women not specifically named by the lawsuits have reportedly been transferred.

As per the report, Whitney, a 31-year-old trans woman, was recently moved to a men's facility. Prison records show her gender marker was changed from "female" to "male." Before her transfer, she expressed fear, calling herself a "pawn in others' political games."

Attorney Kara Janssen, who represents trans women in ongoing litigation, told she has received reports of other trans women being relocated to men's prisons or having their gender markers altered.

What's the rule?

Under the Prison Rape Elimination Act (PREA), prisons must assess the risk of sexual violence for LGBTQ+ individuals and consider their status when making housing decisions. Legal experts argue that Trump's broad directive violates this federal mandate.

"This is cruel and unnecessary," said Janssen, adding, "Our clients are desperate and scared."

Beyond forced transfers, attorneys say Trump's order has unleashed chaos, exacerbating the already harsh conditions trans people face behind bars. Internal memos obtained by The Guardian reveal that prison staff have been instructed to refer to trans inmates by their legal names and incorrect pronouns, prohibit gender-appropriate clothing, and revoke policies allowing trans women to be searched by female guards. Reports also suggest that some trans women have been forced to surrender personal underwear, including bras and boxers, and subjected to invasive searches by male officers.

Susan Beaty, a senior attorney for the California Collaborative for Immigrant Justice, described reports of male guards searching trans women in ways some inmates characterised as "groping." Beaty added that the administration's policies are "intentionally terrorizing and traumatizing incarcerated trans people".

"It is essentially sanctioning sexual assault in some instances," said Janssen. Some trans women have reported experiencing suicidal thoughts and nightmares due to the changes.

(With inputs from agencies)