Original Date Announced

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]

Subsequent Trump and Court Action

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**

Subsequent Trump and Court Action

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*

Subsequent Trump and Court Action

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*

Subsequent Trump and Court Action

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*

Subsequent Trump and Court Action

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*

Subsequent Trump and Court Action

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).

Subsequent Trump and Court Action

2025.03.27 Reported: ICE Is Erasing Rules That Protected Trans Immigrants - The Intercept

The Intercept reports that U.S. Immigration and Customs Enforcement (ICE) has altered contracts with multiple detention centers to remove all transgender care requirements. Such requirements were removed from contracts with Akima Global Services for the management of the Buffalo Service Process Center and with GEO Group for the Broward Transitional Center. In March, the agency also uploaded an undated IGSA with the Calhoun County Sheriff's Office in Battle Creek, Michigan, that deleted transgender care requirements for civil immigration detainees held at the jail.

Subsequent Trump and Court Action

2025.07.15 Reported: Trump administration stops abuse protection for transgender detainees in ICE custody - Advocate

The Advocate reports that ICE has rolled back protections for transgender people in immigration detention. ICE no longer recognizes their gender identity and instead houses detainees by sex assigned at birth. The change repeals ICE's 2015 Transgender Care Memorandum, a policy that required individualized custody plans, specialized medical and mental health care, privacy accommodations, and respectful treatment by staff. ICE has also stopped releasing figures regarding transgender individuals in detention, removed requirements for staff training on transgender sensitivity, and is now permitting hormone therapy only if it began before detention and is deemed medically necessary.

Subsequent Trump and Court Action

2026.08.20 Reported: Trans Migrants in ICE Detention Are Losing Their Rights and Medical Care - New York Times

The New York Times states that DHS has halted specialized medical care for transgender detainees in at least 10 detention centers. DHS has also deleted from its website information regarding the 2015 Transgender Care Memorandum. Some transgender detainees report that they have been denied hormone therapy, despite having received the treatment for years before detention. In an email to The New York Times, DHS stated: "We are NOT wasting U.S. taxpayer dollars to provide hormone therapy to illegal aliens seeking to change their sex."