#TransRights #PrisonReform #LGBTQ #TrumpAdministration #Healthcare
A Landmark Legal Victory for Transgender Inmates
In 2019, Cristina Iglesias, a transgender woman incarcerated for over 25 years, filed a lawsuit that significantly changed the treatment of transgender inmates in federal custody. Her case led to her transfer from a men’s prison to a women’s facility in 2021, and in 2022, she reached a landmark settlement with the Federal Bureau of Prisons (BOP) to receive gender-affirming surgery—the first known instance of such a procedure being approved for a federal inmate.
Shortly after her surgery, another inmate also received gender-affirming care, marking a significant shift in prison healthcare policy. While a small number of transgender inmates in state prisons—at least five in Illinois and 20 in California—have undergone similar procedures, the overall percentage remains minuscule within the U.S. prison system, which houses over 1.25 million individuals.
Political Backlash and Trump’s Policy Reversal
The issue of transgender rights, particularly in prisons, became a focal point in the 2024 presidential election. Former President Donald Trump and his allies spent over $215 million on advertisements attacking policies that allowed for gender-affirming care for incarcerated individuals. One widely circulated ad accused Democratic presidential nominee Kamala Harris of supporting “taxpayer-funded sex changes for prisoners,” portraying transgender-inclusive policies as a threat to conservative values.
Public sentiment reflected these campaign narratives, with a pre-election survey indicating that 55% of voters believed support for transgender rights had gone too far. Trump’s victory was followed by swift action, and on his first day back in office, he issued an executive order barring federal spending on gender-affirming care in prisons and mandating that “males are not detained” in women’s facilities.
New Restrictions on Transgender Prisoners
In response to Trump’s directive, the BOP issued new guidelines eliminating gender-affirming surgery referrals, requiring staff to use an inmate’s legal name and pronouns based on biological sex, and rejecting clothing requests that do not align with an inmate’s assigned sex at birth. While the guidelines allow those already receiving hormone therapy to continue their treatment, reports have emerged of transgender inmates being denied previously approved care.
A lawsuit filed on March 7 alleges that a transgender prisoner who had been receiving hormone therapy since 2016 had her treatment abruptly discontinued in January 2025. Despite claims that the executive order does not override federal regulations protecting prisoners’ rights, the Trump administration has signaled its intent to amend these regulations to prevent transgender women from being housed in female prisons.
Iglesias’ Fight for Transgender Prisoners’ Rights
For Iglesias, these policy reversals are a painful setback. Since her release in 2023, she has lived in Chicago and remains an advocate for transgender prisoners’ rights. Reflecting on her experience, she warns of the dangers trans women face when housed in male prisons.
“It puts someone’s life in danger being in a men’s prison as a trans woman,” Iglesias said. “It’d be like putting sheep in a hyenas’ den.”
Her lawsuit not only secured her transfer to a female facility but also established a precedent for other transgender inmates seeking similar accommodations. Before Trump’s executive order, federal prisons housed 2,198 transgender inmates, yet only 22 trans women had been transferred to female facilities. A 2014 Department of Justice report found that transgender inmates were ten times more likely than other prisoners to report incidents of sexual assault.
Iglesias’ legal battle also highlighted the medical necessity of gender-affirming care. Court filings documented her repeated assessments for suicide risk, multiple suicide watch placements, and an attempt at self-castration in 2009. Her attorneys successfully argued that delaying medically necessary treatment violated constitutional protections against cruel and unusual punishment.
Legal and Social Implications
Civil rights advocates argue that Trump’s policy shift is rooted in political opportunism rather than constitutional or ethical considerations. Michelle García, deputy legal director of the ACLU of Illinois, criticized the administration’s targeting of trans inmates as “cruel, unnecessary, and illogical.”
“They’re not assessing the constitutional rights of people,” García said. “They’re making choices because this is a vulnerable community that they can rally people behind to hate.”
Despite these setbacks, Iglesias remains committed to advocating for transgender rights. She continues to speak out against policies that, in her view, endanger the lives and dignity of trans individuals in prison.
“Just because you commit a crime doesn’t mean you deserve to have violence against you,” she emphasized.
The ongoing legal battles over transgender rights in the prison system could set a precedent for future cases, determining how the U.S. government addresses the intersection of incarceration, healthcare, and gender identity in the years to come.
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