Federal Judge Extends Injunction Blocking Transgender Women Transfers to Men’s Prisons

U.S. District Judge Royce C. Lamberth renewed the preliminary injunction in *Doe v. Blanche* on Tuesday, reaffirming the ban on transferring the transgender women plaintiffs to men’s prisons and preserving gender-dysphoria treatment. The order, first issued in February 2025, stays in force pending appellate review.

The Advocate

In January 2025, three incarcerated transgender women sued after the Trump administration’s Executive Order 14168 required the attorney general to ensure “males are not detained in women’s prisons” and to stop federal funding for gender-affirming care, reassigning them to male facilities. Judge Lamberth blocked the order in February 2025, citing a probable Eighth Amendment violation.

The Advocate

The complaint alleges abuse in men’s prisons. Plaintiff “Amy” says she endured repeated gang rapes and assaults at every facility. Plaintiff “Carla” reports targeted physical attacks and placement in protective custody with a dangerous male inmate, leading to further assault. Plaintiff “Donna” describes a brutal rape, sexual harassment, groping, threats, and the taunt “If you want to be a woman, you can be a woman with me.”

The Advocate

Last month, the D.C. Circuit partially vacated Lamberth’s injunction, requiring each plaintiff to show individualized risk rather than a categorical unconstitutionality claim. The panel set a formal mandate deadline of June 8, 2025, creating a gap during which the Justice Department argued the district court lacked jurisdiction to renew the injunction and said it would not voluntarily halt transfers.

The Advocate

Judge Lamberth rejected the jurisdiction argument and cancelled the emergency hearing, preserving the injunction. Government attorneys argue the appeal remains pending and the district court should not issue a new injunction without final appellate guidance.

The Advocate

Civil-rights groups warn the appellate demand for individualized proof could let the Bureau of Prisons resume transfers, exposing transgender women to increased violence, extortion, and psychological trauma. They also cite reports of male-guard pat-downs, denial of gender-affirming care, and isolation.

The Advocate

The district court found that transfers likely violate the Eighth Amendment, while the appellate panel says a categorical claim is insufficient without specific evidence of danger. The Justice Department’s jurisdictional claim remains unresolved, creating uncertainty about authority to enforce transfers before the June 8 deadline.

The Advocate

• “males are not detained in women’s prisons” — Executive Order 14168, Trump administration

The Advocate

• “If you want to be a woman, you can be a woman with me.” — Inmate (plaintiff Donna’s filing)

The Advocate

• “According to Tuesday’s order, the Justice Department would not agree to refrain from transferring the plaintiffs during that interim period.” — Justice Department

The Advocate

• “Government attorneys also argued the district court lacked jurisdiction to renew the injunction while the appeal technically remained pending.” — Government attorneys

The Advocate

The litigation proceeds to the D.C. Circuit’s formal mandate on June 8. After that date, the Bureau of Prisons may seek to implement the transfer policy unless further judicial relief is granted.

The Advocate