Advocates for transgender individuals incarcerated in New York City’s jails are urging local lawmakers to establish clear guidelines on how transgender detainees are identified and housed in facilities that align with their gender identity. This push comes in response to recent actions by the Trump administration, including pressure on the federal Bureau of Prisons (BOP) to revert transgender women back into male correctional units, along with denying them access to gender-affirming hormone medications.
In addition to these policies, the BOP has recently rescinded regulations aimed at protecting transgender women from being subjected to pat-down searches by male guards and has restricted their ability to acquire undergarments that align with their gender identity. The Department of Justice has also moved away from funding the Prison Rape Elimination Act Resource Center, which has played a crucial role in training law enforcement on compliance measures since 2010.
A spokesperson from the DOJ stated that the agency is prioritizing other initiatives, emphasizing efforts to combat crime and drugs instead of funding diversity-focused programs. This shift has raised concern among advocates, who fear that local policies will be threatened by potential further cuts and pressures from the federal government.
Rachel Golden, a member of a city task force focused on the concerns of Transgender, Gender Non-Conforming, Non-Binary, and Intersex (TGNCNBI) individuals in custody, expressed deep worry that states may comply with such federal directives, forcibly detransitioning individuals or moving them back to potentially dangerous male facilities.
In response to this growing anxiety, the City Council has proposed legislation known as Intro. 625. This measure aims to ensure that detainees are always given their preferred gender-aligned housing and that corrections officials cannot arbitrarily transfer them without a justified rationale. Advocates believe that such legislation would facilitate housing transgender detainees in appropriate environments, enhancing their safety while in custody.
Erin Harrist, the director of the LGBTQ+ Unit at The Legal Aid Society, highlighted the potential ramifications of not acting swiftly, stating, “We’ve witnessed what has transpired in Maine. Are they going to implement similar measures in New York?” In Maine, federal authorities reallocated $1.5 million in grants over the state’s decision to house a transgender woman in a women’s facility.
In New York City, protocols currently allow detainees to self-identify as transgender and request relocation to the female housing unit known as the Rose M. Singer Center. The Department of Correction (DOC) opened a Transgender Housing Unit for transgender women at Rikers Island in 2014, yet the department retains the ultimate authority over housing placements.
Despite assurances from DOC officials that there are no plans to alter existing protocols, advocates remain skeptical. There is increasing concern that Mayor Eric Adams, who has been seen as distancing himself from the Democratic party, might acquiesce to the Trump administration’s stance on issues, including immigration enforcement.
After federal prosecutors opted to withdraw corruption charges against Mayor Adams, his office took steps to allow U.S. Immigration and Customs Enforcement (ICE) agents back onto Rikers. This has led to a lawsuit by the City Council, asserting that this action violates city laws regarding conflicts of interest. A judge has temporarily halted the plan pending further review.
Currently, there are approximately 50 transgender individuals housed in either the Rose Center or the Transgender Housing Unit, according to DOC records. However, advocates deem this figure inadequate, alleging it doesn’t accurately reflect the actual number of transgender individuals who have been denied recognition of their gender identity within the correctional system.
A task force previously convened by the Board of Correction in 2022 found that the city’s jail system consistently fails to adequately identify, protect, and care for TGNCNBI individuals. Among the task force’s alarming findings, it was noted that transgender women are often subjected to typical male jail intake procedures, leading to extended periods of insecurity. Many individuals report experiencing threats of relocation to male housing if they don’t comply with standard rules, and access to fundamental medical care can be delayed for months.
Furthermore, investigations revealed that in the majority of cases, individuals were placed in units at odds with their self-identified gender. The increasing population within the jail system has also led to some men being discreetly transferred into female facilities like the Rose Center, resulting in resource strain and increased tension within those spaces, as indicated by an anonymous DOC staff member.
Despite potential risks from federal encroachment, advocates emphasize the importance of the proposed City Council legislation to mitigate adverse effects stemming from the Trump administration’s directives. “I think the City Council really has the power right now to effect this change,” Golden stated, underscoring the critical need for reform.
In March, a coalition of public defenders, civil rights advocates, and LGBTQ+ organizations sent a letter imploring the City Council to hasten the passage of the proposed legislation, reinforcing that “New York City must act now.” They argue that the messaging from the Trump administration signifies a chilling effect, suggesting that the existence and safety of transgender individuals are considered disposable.
Concerns about safety also dominated discussions during a City Council hearing held in September, where Francis Torres, the first deputy commissioner of the DOC, voiced serious reservations about the proposed legislation. She claimed it would create excessive burdens for properly determining housing for individuals identifying as TGNCNBI and maintain that proper safety measures would be compromised.
Opponents of the DOC’s position argue that its fears are grounded in transphobia, suggesting an inherent disbelief in the authenticity of transgender identities, particularly concerning the potential threat transgender women may pose to cisgender women. Legal advocates maintain that such assertions are baseless given the documented experiences of TGNCNBI individuals who are not housed in gender-aligned facilities.
Natalie Fiorenzo, a Corrections Specialist at New York County Defender Services, noted that all her TGNCNBI clients housed improperly have faced significant instances of both physical and sexual violence throughout their incarcerations. The punitive nature of moving a cisgender woman to a male facility, based on charges or incidents in custody, is described as unconscionable, revealing serious flaws within the treatment of transgender women in jails and aligning with breaches of New York City and State’s Human Rights Law.
The tragic circumstance surrounding Layleen Polanco, a 27-year-old transgender woman who died in solitary confinement at Rikers in 2019, has become a catalyst for calls against the isolation of detainees for extended durations. Polanco’s death was determined to be a result of neglect, as she was denied proper medical care and proper oversight despite known health complications including epilepsy, highlighting systemic failures regarding the treatment of transgender people behind bars.
From the state correctional perspective, the challenges related to recognizing and adequately accommodating the transgender population persist. An estimated 274 individuals identified as transgender or “gender diverse” are currently held within the state’s jurisdiction, with spokesperson Thomas Mailey noting that they are housed in 35 of the corrections department’s 42 facilities in accordance with their preferred gender expression.
In light of the pronounced cuts by the Trump DOJ and shifting executive orders, state lawmakers are also encouraged to enact robust measures. Michele Deitch, director of the Prison and Jail Innovation Lab at the University of Texas at Austin, emphasized the urgency for states to act in bolstering oversight and protections for the incarcerated. As federal oversight continues to crumble, advocates recognize this as a pivotal moment for reform and advocacy at the state level.
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