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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 Executive Order (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

      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 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

      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 v. McHenry, 1:25-cv-286-RCL (D.D.C.).

      *See litigation note above*

      View Document
    • February 10, 2025

      2025.2.28 Jones et al. v. Bondi, 1:25-cv-00401-RCL (D.D.C.) - Amended Complaint

      On February 10, 2025, an incarcerated transgender woman filed a lawsuit in the D.C. District Court seeking to prevent her transfer from a women's to a men's unit of a Bureau of Prisons (BOP) facility and to enjoin enforcement of §§ 4(a) and 4(c) of EO 14168. She alleges that § 4(a) of the EO violates the Fifth Amendment's Due Process Clause, the Eighth Amendment, and § 503 of the Rehabilitation Act of 1973, which requires the BOP to provide reasonable accommodations for known inmate disabilities.

      On February 28, 2025, four additional plaintiffs were added in an amended complaint. Jones v. Trump, 1:25-cv-00401 (D.D.C.).

      *See litigation note above*

      View Document
    • February 20, 2025

      2025.02.20 Complaint, San Francisco AIDS Foundation v. Trump, 3:25-cv-01824 (N.D. Cal.)

      Nine LGBTQ+ advocacy organizations filed a lawsuit in the Northern District of California challenging EO 14168 and two anti-DEI EOs. The complaint contends that these EOs and agency implementation actions exceed presidential statutory authority, as well as violate the Fifth Amendment's Equal Protection and Due Process Clauses, and the First Amendment's Free Speech Clause. San Francisco AIDS Foundation v. Trump, 3:25-cv-01824 (N.D. Cal.).

      *See litigation note above*

      View Document
    • February 24, 2025

      2025.2.24 Jones v. Bondi, 1:25-cv-401-RCL (D.D.C.) - TRO Order

      D.C. District Court Judge Royce C. Lamberth granted Jones' motion for a TRO and preliminary injunction, thereby prohibiting the Trump Administration from enforcing § 4(a) of EO 14168 against one plaintiff in the lawsuit. Jones v. Bondi, 1:25-cv-00401-RCL (D.D.C.) (complaint filed sub nom. Jones v. Trump).

      *See litigation note above*

      View Document
    • March 19, 2025

      2025.3.19 - Doe v. Bondi, 1:25-cv-286-RCL (D.D.C.) - Order Granting Preliminary Injunction

      On March 19, 2025, D.C. District Judge Royce C. Lamberth issued a preliminary injunction, enjoining enforcement of § 4(a) and 4(c) of EO 01418 against two plaintiffs in the lawsuit. Doe v. Bondi, 1:25-cv-286-RCL (D.D.C.) (Previously Doe v. McHenry).

      View Document

Current Status

None

Original Trump Policy Status

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

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