BOP designates transgender women in women's prisons for transfer to men's facilities

BOP began implementing § 4(a) categorically. The Marshall Project reported that BOP then housed 22 transgender women in federal women's prisons (fewer than 0.02% of federal prisoners) and that by February 21, 2025 more than a dozen had received notice of impending transfer to men's facilities — including at least one who had undergone gender-confirmation surgery. After the February 4 TRO limited relief to three named plaintiffs, a DOJ appointee instructed BOP officials to "start the process of designating and moving" all other transgender inmates to facilities matching birth sex, with no exceptions beyond the protected plaintiffs. BOP separately circulated guidance on February 21, 2025 acknowledging the EO "does not supersede or change BOP's obligation to comply with Federal law and regulations."