EO 14168 §§ 4(a), 4(c): detention housing by birth sex; defunding of gender-affirming care in custody

Executive orderDOJ

Date
Actor
President Trump (directives to the Attorney General and Secretary of Homeland Security)
Agency
Department of Justice (DOJ)
Type
Executive order
Section
PRISONS, DETENTION, AND IMMIGRATION (BOP, DHS/ICE, EOIR, ASYLUM)

Summary

Section 4(a) of EO 14168 ("Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government," 90 Fed. Reg. 8615) directs the Attorney General and DHS Secretary to "ensure that males are not detained in women's prisons or housed in women's detention centers," with "male" defined by reproductive cell at conception; section 4(b) directs rescission of inconsistent DOJ regulations and guidance (including the PREA-implementing framework for transgender placement); section 4(c) directs that no federal funds be expended "for any medical procedure, treatment, or drug for the purpose of conforming an inmate's appearance to that of the opposite sex." These provisions supplied the sole stated basis for every BOP and ICE action cataloged below. (Full EO coverage: see section 1.)

Status

In effect except as enjoined: § 4(c) enjoined classwide as to BOP by Kingdom v. Trump (D.D.C., renewed June 17, 2026, on appeal); § 4(a) enjoined only as to the individual plaintiffs in the consolidated Doe litigation (June 7, 2026 injunction, on appeal). Fully operative in ICE detention. Update, Sept. 23, 2026: On Sept. 18, 2026, a per curiam D.C. Circuit panel (Wilkins, Walker, and Garcia, JJ.) dismissed as moot the government's motion to stay the district court's since-expired June 17, 2026 injunction and denied its motion to stay the district court's (Lamberth, J.) August 26, 2026 reissued injunction against BOP Program Statement 5260.01 (D.C. Cir. Nos. 26-5236 and 26-5310, consolidated), holding the government had not shown a likelihood of success on its arguments that the policy was arbitrary and capricious, that the injunction violated the PLRA, or that classwide relief was improper (Walker, J., dissenting); the clerk was directed to set a merits briefing schedule, and the reissued injunction remains in effect.

As recorded in the data of . Check the sources for anything newer.

Related litigation

Sources

Cite this action

Exec. Order No. 14,168, 90 Fed. Reg. 8615 (Jan. 30, 2025).

Short form: Exec. Order No. 14,168, 90 Fed. Reg. at 8615.