Hundreds of transgender federal inmates are living in fear after a “roundup” that will send them to men's prisons following an executive order from President Donald Trump.
Now lawyers are desperately trying to find a way to fight the order, saying prisoners will have “a target on their backs” if they move in with hardened male inmates.
“It's going to be incredibly dangerous,” attorney Moira Meltzer-Cohen told DailyMail.com.
Meltzer-Cohen represents Donna Langan, a transgender woman who underwent gender reassignment in federal prison. She is serving a life sentence for bank robbery as a member of the neo-Nazi Aryan Republican Army.
Meltzer-Cohen said she fears a “bloodbath” will ensue if her client and other trans inmates are forced into men's prisons.
The order stated that the government will recognize only two genders: male and female. This means that all “intimate spaces designated for women, girls or women” will be defined by gender rather than gender identity.
DailyMail.com has reviewed an email from a federal public defender in Massachusetts that was sent to colleagues across the country.
It said one of her clients imprisoned in Minnesota, a transgender woman, was among those arrested and is “terrified” of what will happen if they are sent to men's prisons.
Donna Langan, a convicted neo-Nazi bank robber, underwent gender reassignment in federal prison. Her lawyer fears a “bloodbath” will ensue if trans inmates are moved to men's prisons
On the first day of Donald Trump's executive order, transgender Minnesota prisoners are being rounded up and sent back to men's prisons
The order stated that the government will recognize only two genders: male and female. This means that all 'intimate spaces intended for women, girls or women' will be defined by gender rather than gender identity
Public Defender Sandra Gant said her office was notified of the policy change by the federal Bureau of Prisons on Tuesday morning by the trans inmate's family and asked other public defenders to share information for a legal fight.
“Our office represents a trans client who has been in a women's institution for the entirety of her pre-trial detention and pre-trial detention,” Gant wrote in the alert sent Tuesday afternoon.
'Her family have been contacted in panic – as of this morning she, along with others at FCI Waseca, have been separated and told they are being transferred to a transfer center and then to a men's prison.
“She's terrified,” Gant explained.
'Is anyone willing to litigate this, or does anyone have any insight/advice on how to fight this? Or any contacts with ACLU, etc., who could file a lawsuit over this?” Gant asked.
Trump signed orders Monday rolling back protections for transgender people, ruling that the two “immutable genders” are “not mutable” and that federal prisons, along with shelters for migrants and rape victims, should be segregated by gender .
Federal money will also no longer be used to fund “transition services.”
The president also demanded that officials use the term “sex” instead of “gender.” Federal agencies were urged to cut funding to promote “gender ideology” and protect against “gender extremism” – representing major policy shifts from the Biden and Obama administrations.
Rhonda Fleming, 58, a female inmate who filed a lawsuit to get trans women out of her prison, welcomed the development after losing her case in court in Tallahassee, Florida, last week.
Fleming argued that she and other biological females live in constant fear of attack and stress from having to handle and undress in the presence of inmates with male genitalia.
Fleming alleged that several “heterosexual men” at her current prison, Carswell Federal Medical Center in Texas (pictured), faked their gender so they could serve their terms with women
Vice President J.D. Vance watched as President Trump threw a pen after signing a series of executive orders during the indoor inauguration parade on Monday
The changes, welcomed by conservative groups, have been met with fear and anger by the transgender community.
The Bureau of Prisons estimates there are approximately 1,500 transfemale inmates and 750 transmen in the federal prison system.
Rhonda Fleming, 58, a female inmate who filed a lawsuit to get trans women out of her prison, welcomed the development after losing her case in court in Tallahassee, Florida, last week.
She argued that she and other biological females live in constant fear of attack and stress from having to handle and undress in front of prisoners with male genitalia.
Her civil suit argued that women should not be forced to share intimate spaces such as bathrooms, showers and dormitories with trans women.
But the judge in the case disagreed and ruled against her complaint on January 15.
Fleming was furious when she spoke to DailyMail.com about the ruling, saying: 'What the judge did on Wednesday was a farce, it was a mockery of justice. He never intended for us to get a fair trial.
“It's like he's attacking the victim and telling the victim that you are in the wrong, not the perpetrator.”
She also alleged that several “heterosexual men” at her current prison, Carswell Federal Medical Center in Texas, faked their gender so they could serve their terms with women.
Now her wish for Trump to reverse this policy has come true with the January 20 executive order.
Langan – who was convicted under her birth name Peter Kevin Langan – is also currently in Carswell.
Moira Meltzer-Cohen (left) worked on Chelsea Manning's case and now represents trans inmate Donna Langan who underwent gender reassignment in federal prison
Tomas Ziupsnys' lawyer said the 42-year-old was terrified of returning to a men's prison after undergoing gender-affirming surgery
A lawyer for Tomas Ziupsnys, a 42-year-old serving five years at Carswell for fraud, said trans inmates “will not be targeted” if they are moved.
Trey Flynn said Ziupsnys, who surgically created female genitalia and has fought for follow-up surgeries to maintain her gender identity, is terrified of returning to a men's clinic.
“They will be the target of bullying, sexual violence and all kinds of mischievous actions from other inmates,” Flynn added.
But another attorney clarified that while the BOP is rounding up trans inmates, officials have yet to decide where to place inmates who have already undergone gender reassignment.
“The BOP plans to move transgender women to men's prisons, but there could be a separate arrangement for those who are post-surgery,” the attorney said.
“They have also separated those individuals, but there is no movement for them yet. The BOP is trying to figure out exactly what to do with those who are post-operatively, as these inmates may face additional security concerns in a male facility.”
The executive order was one of 26 Trump issued within hours of his inauguration. He also rescinded 78 executive actions of former President Joe Biden, such as combating climate change, gender discrimination and advancing racial equality.
But this does not mean that the order is guaranteed to remain in force. Trump will most likely have to fight a litany of legal battles with foes like the ACLU, which vowed to take his administration to court to defend LGBTQ rights.
Congress could also slow Trump's policies by using backdoor methods such as blocking his laws or cutting money from his programs — although that is unlikely because Republicans control both the Enate and the House of Representatives.
