DOJ Reviewing Policies on Housing Transgender Federal Inmates

The Biden administration is reviewing its policies on housing transgender inmates in the federal prison system, reports The Associated Press.

The Trump administration rolled back protections for transgender prisoners, saying housing facilities would be assigned based on ”biological sex” with gender identity considered in ”rare cases.”

The Bureau of Prisons ”is in the process of reviewing the current version of its policy regarding transgender inmates,” a Department of Justice official told the AP Friday, adding that the agency is committed to making sure all inmates are in a safe environment, including ”providing gender-affirming housing where appropriate. BOP is in the process of reviewing the current version of its policy regarding transgender inmates.”

The report comes after a leader of an Illinois anti-government militia group, who identifies as transgender, was sentenced to 53 years in prison for the 2017 bombing of a Minnesota mosque.

Emily Claire Hari was sentenced Monday for the bombing of Dar Al-Farooq Islamic Center in Bloomington, Minnesota. Where she will be housed will be determined by the Bureau of Prisons’ Transgender Executive Council — a group of psychology and correctional officials.

About 1,200 inmates identify as transgender, according to the DOJ.

The prison transgender council, established in 2016, consists of about 10 people, including two psychologists, a psychiatrist and prison designation experts, a Justice Department official told the AP. The official was not authorized to speak publicly about the issue and spoke on condition of anonymity.

The council must consider an inmate’s health and safety, any potential history of disciplinary action and the security level of the federal prison where the inmate could be assigned. Other factors include staffing in prisons, and the programs or classes the inmate might need.

Information from The Associated Press was used in this story.

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