A federal appeals court on Friday reversed a lower court order that had blocked the Trump administration from housing transgender female inmates in men’s prisons, clearing the way for the policy to take effect.
The ruling erases a district court injunction that had prevented officials from enforcing President Trump’s executive order directing the Bureau of Prisons to house inmates according to their biological sex. The administration had argued the lower court overstepped by substituting judicial preference for clear executive authority over federal prison operations.
The Trump administration issued the underlying executive order in the first days of the new term, directing federal facilities to end the Biden-era policy of allowing inmates to transfer to facilities matching their gender identity. That Obama and Biden policy had drawn sustained criticism from women’s rights advocates and corrections officers, who raised safety concerns about housing biological males in female prisons.
A coalition of transgender inmates and advocacy groups challenged the order in federal court, winning a preliminary injunction from a district judge who found likely constitutional violations. The Justice Department appealed immediately.
Friday’s appeals court decision does not resolve the underlying constitutional questions, but it lifts the injunction, allowing enforcement to resume while litigation continues. The court found the lower court had not met the standard required to block executive policy.
The ruling lands as the broader debate over transgender inmates has intensified across state prison systems as well. Several state legislatures have passed laws mirroring the federal policy, while others have moved in the opposite direction.
