A federal appeals court sitting in Washington DC has on Friday, 17 of April, 2026 erased a lower court ruling that had barred the administration from keeping transgender female prisoners in men’s prisons, delivering a significant legal victory for the Trump administration in its ongoing effort to enforce a sweeping executive order on prison housing.
The ruling temporarily lifts protections that had been put in place by a district court judge, allowing federal authorities to proceed with transfers at least for now while litigation continues.
The legal battle stems from a January 2026 executive order signed by President Trump directing the Bureau of Prisons to house all inmates based on their biological sex at birth.
The order directed the federal government to only recognize two biologically distinct sexes and house transgender women in men’s prisons, while also ordering the Bureau to stop spending money on medical procedures or drugs intended to conform an inmate’s appearance to that of the opposite sex.
Critics and civil liberties groups challenged the policy in multiple courts, with some transgender women reporting they were living in constant fear of sexual assault and other violence after being moved to male prisons.
Advocacy groups have vowed to continue fighting the policy. The ACLU, ACLU of DC, and the Transgender Law Center filed a class action lawsuit on behalf of approximately 2,000 transgender people incarcerated in federal prisons, arguing the policy violates the equal protection clause of the Fifth Amendment, the Administrative Procedure Act, and the Rehabilitation Act.
The broader legal fight over housing and gender-affirming care for transgender inmates is expected to continue through the courts, with the ultimate outcome remaining uncertain.
