Sarah Toce
Trump’s U.S. Department of Justice opened civil rights investigations Thursday into California and Maine to determine whether their policies allowing transgender women to be housed in women’s prisons violate the constitutional rights of female inmates, federal officials announced.
The investigations will examine conditions at specific facilities, including the California Institution for Women in San Bernardino County, the Central California Women’s Facility in Madera County and the Maine Correctional Center in Windham.
“Despite the Department of Justice’s claims, this is yet another politically motivated, predetermined investigation designed to target states that stand up to the Trump Administration and its abuses,” Ben Goodman, a spokesman for Maine Gov. Janet Mills, said in a statement.
Federal officials said the probes will focus on whether the states engage in a “pattern or practice” of violating inmates’ rights under the Constitution. Assistant Attorney General Harmeet K. Dhillon said in a statement that the Justice Department “will not allow women incarcerated in jails or prisons to be subject to unconstitutional risks of harm from male inmates.”
The announcement follows reports and allegations cited by federal officials, including claims of harassment and sexual misconduct involving transgender inmates housed in women’s facilities.
California and Maine both have policies that generally allow incarcerated individuals to be housed according to their gender identity, with some exceptions based on safety or management concerns. State officials have previously said such policies are designed to comply with federal standards, including requirements under the Prison Rape Elimination Act, and to reduce the risk of harm to transgender individuals.
California Gov. Gavin Newsom’s office referred requests for comment to the California Department of Corrections and Rehabilitation. The California Department of Corrections and Rehabilitation said in an email that it is committed to providing a safe, humane and respectful environment for all inmates.
“Any suggestion that all transgender women be assigned to men’s institutions as a matter of policy is a suggestion to violate federal law,” the department said.
The investigations are part of a broader federal effort to challenge policies related to transgender rights in areas including prisons, education and athletics.
