Introduction to the Issue
Citing attacks from the Trump administration and overcrowding on Rikers Island, advocates for transgender people behind bars are pushing local lawmakers to codify how transgender detainees are identified and housed in gender-aligned units. In recent months, the White House has tried to force the federal Bureau of Prisons (BOP) to move transgender women back into male units and is forcibly transitioning people by not giving them access to gender-affirming hormone medication.
The Trump Administration’s Actions
The BOP also no longer bars pat-down searches of transgender women from male guards and has blocked transgender people from buying the underwear they prefer in order to get in line with Trump’s executive order signed Jan. 20. And on Wednesday, the Department of Justice ended funding for the Prison Rape Elimination Act Resource Center, The Appeal reported. The center has since 2010 trained law enforcement officials how to comply with the federal law and also shares information about audits into how local lockups are enacting the rules.
Impact on New York
In New York, advocates fear the Trump administration will threaten further cuts and put pressure on local policies. “There’s a big worry that either states will comply in advance and forcibly detransition people, or people will be mandated to be moved back where they are tremendously unsafe in men’s facilities,” said Rachel Golden, a member of a city task force on issues faced by Transgender, Gender Non-Conforming, Non-Binary, and Intersex (TGNCNBI) people in custody. At stake is the future of how jail officials treat transgender people, some of the most vulnerable, who have faced high rates of sexual assault and other violence behind bars.
Proposed Measure in the City Council
Under a proposed measure in the City Council, known as Intro. 625, detainees would always be given their gender-aligned choice and jail officials would not be able to move them out unless they provide a detailed explanation why someone should be transferred or ignored. Advocates say that measure would make it easier for transgender detainees to be placed in the right facility. “We’re all very concerned about what type of threats the federal government might make,” said Erin Harrist, the director of the LGBTQ+ Unit at The Legal Aid Society.
Maine’s Experience
In Maine, the feds yanked $1.5 million in grants to the state’s corrections department for housing a transgender woman in a women’s facility, according to U.S. Attorney General Pam Bondi. “We pulled all nonessential funding from the Department of Corrections in Maine, because they were allowing a man in a woman’s prison,” she told Fox News. This incident has raised concerns among advocates that similar actions could be taken against New York.
New York City’s Current Policy
In New York City, detainees can self-identify as transgender and ask to be moved into the female housing unit known as the Rose M. Singer Center. In 2014, the Department of Correction also opened a Transgender Housing Unit for transgender women at Rikers. The DOC has final say where detainees are placed. Privately, DOC officials have told advocates that there is no plan to change that policy. However, transgender rights advocates fear that Mayor Eric Adams, seemingly fleeing the Democratic party, will side with the Trump administration, as he has on immigration enforcement.
New York City Must Act Now
Approximately 50 transgender people are currently in the Rose Center or put in the specialized Transgender Housing Unit, according to DOC records posted online. Advocates believe that number is low and fails to capture transgender women who have been denied their gender-affirming status. As THE CITY reported in 2022, a task force convened by the Board of Correction found that the city jails system continually fails to identify, protect, and properly care for transgender, gender non-conforming, nonbinary, and/or intersex (TGNCNBI) people in custody.
Safety Debates
During a Council hearing in September, Francis Torres, the DOC’s first deputy commissioner, told lawmakers that the department has “serious concerns” about the proposed legislation. “As drafted, the bill will create an untenably high burden for making house determinations in the case an individual identifies as TGNBI,” she said. “It would allow for only one reason to deny an individual’s preferred housing placement which the bill describes as a current danger of gender-based violence against others.” The legislation would allow all new detainees to be transferred to a different facility “at-will any time simply by stating that they identify as TGNBI,” she said.
Hundreds of people packed into Foley Square to hold a vigil for Layleen Polanco, a 27-year-old transgender woman who died while being held in solitary confinement on Rikers Island, June 10, 2019. Credit: Ben Fractenberg/THE CITY Natalie Fiorenzo, a Corrections Specialist at New York County Defender Services, and other supporters of the legislation contend that the department’s security concerns are unfounded. “100 percent of my TGNCNBI clients that are not housed in a gender-aligned facility experienced physical violence, sexual violence or both,” she testified at the Council hearing.
Conclusion
The treatment of transgender people behind bars is a critical issue that requires immediate attention. The Trump administration’s actions have created a sense of urgency among advocates, who fear that the federal government will threaten further cuts and put pressure on local policies. The proposed measure in the City Council, Intro. 625, aims to protect the rights of transgender detainees and ensure that they are housed in facilities that align with their gender identity. It is essential that local lawmakers take action to safeguard the well-being of transgender individuals in custody.
FAQs
Q: What is the current policy for housing transgender detainees in New York City?
A: Detainees can self-identify as transgender and ask to be moved into the female housing unit known as the Rose M. Singer Center or the Transgender Housing Unit for transgender women at Rikers.
Q: What is the proposed measure in the City Council?
A: Intro. 625 would require jail officials to house detainees in facilities that align with their gender identity, unless they provide a detailed explanation for why someone should be transferred or ignored.
Q: Why are advocates pushing for this measure?
A: Advocates are concerned that the Trump administration will threaten further cuts and put pressure on local policies, and that the current policy is not sufficient to protect the rights and safety of transgender detainees.
Q: What is the experience of transgender people behind bars in New York City?
A: Transgender people behind bars in New York City face high rates of sexual assault and other violence, and are often not housed in facilities that align with their gender identity.
