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D.C. Circuit Lifts Block on Transfers of Transgender Women to Men's Prisons

The case returns to a trial judge for inmate-by-inmate rulings on immediate risk.

Overview

  • A federal appeals panel vacated Judge Royce Lamberth’s injunctions in a 2-1 decision, clearing the way for the Bureau of Prisons to transfer some transgender women to men's facilities.
  • The court sent the case back to the district court, and the inmates must now seek individual orders by showing they face immediate danger if moved.
  • Plaintiffs’ counsel Shannon Minter said they will return to the trial court to build the fact record needed for case-by-case protection.
  • The dispute traces to President Donald Trump’s 2025 order directing the attorney general to house trans women in men’s prisons.
  • Advocates warn of acute safety risks, citing federal data that about 37% of incarcerated trans people report sexual assault compared with roughly 3% of the general prison population.