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2.0

EO 14168 § 4(a) directs DOJ and DHS to ensure males are not held in women's prisons or detention centers

  1. Original Date Announced

    January 20, 2025

    Section 4(a) of Presidential EO "Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government" directs the Attorney General and Secretary of Homeland Security to "ensure that males are not detained in women’s prisons or housed in women’s detention centers," which may include amending, as necessary, 28 C.F.R. § 115.41 ("Screening for risk of victimization and abusiveness") and interpretation guidance regarding the Americans with Disabilities Act.

    Trump 2.0 [ID #1422]

    2025.01.20 EO 14168: "Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government"
  2. Effective Date

    January 20, 2025
  3. Subsequent Trump and Court Action(s)

    • January 30, 2025

      2025.01.30 Doe v. McHenry, 1:25-cv-286 (D.D.C.) - Complaint

      On January 30, 2025, the National Center for Lesbian Rights sued Trump administration officials on behalf of three transgender women in BOP custody, alleging that Section 4(a) of EO 14168 unconstitutionally discriminates based on a person's transgender status, in violation of the Equal Protection Clause and the Eighth Amendment's prohibition of cruel and unusual punishment. Doe et al. v. McHenry, 1:25-cv-286-RCL (D.D.C.).

      **Litigation entries are limited to initial complaints and major substantive rulings. For pleadings and additional information, use name and docket number to search  Civil Rights Clearinghouse and CourtListener or visit Just Security Litigation Tracker**

      View Document
    • February 4, 2025

      2025.02.04 Doe v. McHenry, 1:25-cv-286-RCL (D.D.C.) - Temporary Restraining Order

      On February 4, 2025, D.C. District Court Judge Royce C. Lamberth granted a Temporary Restraining Order (TRO) prohibiting the Trump administration from implementing Section 4(a) of EO 14168. Doe et al. v. McHenry, 1:25-cv-286-RCL (D.D.C.).

      *See litigation note above*

      View Document

Current Status

None

Original Trump Policy Status

Trump Administration Action: Presidential Orders
Subject Matter: Detention
Agencies Affected: AG DHS

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