Erosion of Protections for Transgender Immigrants in ICE Custody

The Trump administration has implemented significant modifications to contracts between Immigration and Customs Enforcement (ICE) and private prison companies, leading to the removal of protections for transgender individuals in immigration detention facilities. As of January 5, 2026, several facilities, including the Bluebonnet Detention Facility and El Valle Detention Facility in Texas, as well as the Eloy Detention Center in Arizona and the Torrance County Detention Facility in New Mexico, have halted safety measures and medical care for transgender prisoners. These changes align with Trump’s executive order aimed at "Defending Women From Gender Ideology Extremism," which rescinds existing guidance on the treatment of transgender detainees.

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Advocates highlight that many transgender individuals in ICE custody are fleeing severe persecution in their home countries, often having experienced extreme violence and discrimination. Bridget Crawford, director of law and policy at Immigration Equality, noted that the number of transgender individuals in ICE detention is likely to increase as the administration pursues aggressive deportation policies. As of January 8, 2026, there were approximately 68,990 individuals detained by ICE, a record high.

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The conditions for transgender detainees have been described as inhumane, with reports indicating that they face the highest rates of sexual assault among all detainee populations. Historical guidance from ICE, established in 2015, aimed to provide a safe environment for transgender individuals, including access to hormone therapy and mental health care. However, these measures have largely failed to protect detainees, as evidenced by the deaths of transgender asylum seekers Roxana Hernández and Johana Medina León in ICE custody.

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Critics argue that the revocation of protections for transgender detainees is not only a reflection of ideological biases but also a financially motivated decision benefiting private prison companies like CoreCivic and GEO Group. These companies have reported substantial revenue increases, suggesting that the detention of vulnerable populations is profitable. Isa Noyola from the Transgender Law Center emphasized that the best way to ensure the safety of transgender individuals is to release them from detention, as their detention contradicts U.S. asylum laws.

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Despite the serious implications of these changes, ICE and the private prison companies involved have not provided detailed responses to inquiries about the number of transgender detainees or the specific nature of the revoked protections. The lack of transparency has raised concerns among advocates regarding the treatment of transgender individuals in ICE custody.

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• “They’ve endured just the most horrific persecution you can imagine,” — Bridget Crawford, Director of Law and Policy, Immigration Equality

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• “There’s no way to safely and humanely detain trans people.” — Isa Noyola, Advocate, Transgender Law Center

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• “The structure, the homophobia, the transphobia, all the stigmatization, they want to train ICE officers on pronouns, but that’s not going to really improve the quality of life.” — Anonymous Advocate

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There is a lack of reliable data on the number of transgender individuals in ICE custody, as the Trump administration has excluded this demographic from regular statistical reports. Advocates have noted that the reported figures may not accurately reflect the true number of transgender detainees, as not all individuals self-identify.

The American Prospect

The ongoing changes in policy and the lack of oversight raise significant concerns about the treatment of transgender individuals in immigration detention, highlighting the urgent need for reform and accountability within ICE and its contracted facilities.

The American Prospect