Judge weighs bid to block or reverse transfers of transgender inmates into a segregated prison unit

U.S. District Judge Royce Lamberth voiced significant concern Wednesday that the Trump administration has violated a court order by transferring incarcerated transgender women to a segregated prison unit. The judge questioned the Justice Department's actions, stating, "You're violating my order, aren't you?"

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You're violating my order, aren't you?

An attorney for the inmates, Alexander Shalom, urged the judge to enforce his previous order, arguing that housing the plaintiffs in a segregated unit infringes upon their constitutional rights against cruel and unusual punishment. Shalom described the transfers as a "backdoor attempt to implement the executive order," noting that the conditions in the segregated unit are "not in any way comparable to a women's facility." He added that the transfers exacerbate the inmates' gender dysphoria, a condition linked to depression and suicidal thoughts.

Ten transgender women are currently held in the segregated unit at a prison in Fort Worth, Texas. Eight of them are plaintiffs in a lawsuit challenging an executive order signed by President Donald Trump last year. This order directs the federal Bureau of Prisons to house inmates based on their biological sex and to halt gender-affirming care.

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No, your honor. Based on the words of your order, there was no violation.

Government attorneys, led by Jared Littman, argued that the transfers do not violate the injunction. They claim the judge did not require plaintiffs to be housed alongside cisgender female inmates or share common spaces. Littman also asserted that it is premature for the plaintiffs to challenge the transfers in court before exhausting the prison system's administrative complaint process, stating, "The plaintiffs don't get to jump right into court and air their grievances."

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This is a backdoor attempt to implement the executive order. The conditions are not in any way comparable to a women's facility.

Judge Lamberth, nominated by President Ronald Reagan, had previously ruled on June 7 that officials must house the lawsuit's plaintiffs in women's prisons or halfway houses. He enjoined prison officials from enforcing parts of Trump's executive order. The judge did not issue a ruling from the bench on the inmates' request to return to general population and block further transfers.

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Defendants minimize this harm, but they can't deny it's occurring.