Trump Executive Order Threatens Safety of Transgender Inmates

President Trump's recent executive order on gender has sparked outrage and concern, particularly regarding its impact on the safety of transgender individuals within the federal prison system. This order effectively erases transgender, nonbinary, and intersex people from federal law, rolling back crucial protections established by the Prison Rape Elimination Act (PREA).

PREA, enacted in 2003, aimed to combat the rampant sexual abuse in U.S. prisons. It instituted measures such as preventing unnecessary genital searches, considering safety threats based on gender identity, and allowing trans people to use facilities aligned with their self-identified gender.

However, the new executive order forces a return to outdated practices, housing detainees solely based on their biological sex at birth. This narrow definition disregards the existence of intersex individuals and puts transgender people at a significantly heightened risk of sexual assault and abuse.

transgender individuals in federal custody face exceptionally high levels of violence, both sexual and otherwise. More than one-third experience sexual violence, the highest reported rate among any group.

Furthermore, the executive order's ban on federal funding for gender-affirming care further isolates trans inmates. Those receiving such care on the outside will be cut off, potentially leading to painful physical and emotional changes. Those seeking care inside will be denied, potentially leaving them to struggle with gender dysphoria and resorting to unsafe self-guided medical interventions.

LGBTQ+ advocates have condemned the decision, arguing that it undermines federal law and endangers an already vulnerable population. They point to the Trump administration's history of demonizing transgender individuals and its opposition to gender-affirming care.

Civil rights organizations are expected to challenge the executive order, but they face an administration with a record of anti-LGBTQ+ views and policies. Attorney general nominee Pam Bondi opposed marriage equality, and Harmeet Dhillon, tapped to lead the Department of Justice's civil rights division, has been involved in anti-trans lawsuits.

Experts warn that the reinstated restrictions will likely lead to increased peril for trans people behind bars. "People will die," stated Julie Abbate, national advocacy director at Just Detention International. "It's unconscionable that the President of the United States has issued this order. It's just unconscionable in its cruelty.