The U.S. Department of Justice announced Thursday it is launching a civil rights investigation into two California women’s prisons, the Central California Women’s Facility in Madera County and the California Institution for Women in San Bernardino County. The probe will examine allegations of rights violations stemming from the housing of transgender and gender-nonconforming inmates, specifically concerns that the presence of individuals assigned male at birth in women’s facilities has created an unsafe environment. A parallel investigation was too announced in Maine, focusing on similar allegations. The move signals a broader federal effort to scrutinize policies surrounding incarcerated transgender individuals, a contentious issue at the intersection of prison safety and civil rights.
Assistant Attorney General Harmeet Dhillon, head of the Justice Department’s Civil Rights Division, detailed the concerns in a letter to California Governor Gavin Newsom. The letter cited “widely reported allegations of deprivation of female prisoners’ rights” and a “pervasive climate of sexual intimidation” as justification for the investigation. The Justice Department said in a news release that allegations include sexual assaults, rape, and voyeurism. Dhillon, in a video posted to X (formerly Twitter), framed the investigations as part of a “single-sex prisons initiative” aimed at protecting female inmates.
The investigations come in the wake of California’s Senate Bill 132, signed into law by Governor Newsom in 2020. The law allows transgender, nonbinary, and intersex inmates to request housing based on their gender identity, rather than their assigned sex at birth. While proponents hailed the bill as a matter of basic dignity and safety for a vulnerable population, opponents argued it would jeopardize the safety of women in prison. A lawsuit challenging the law was dismissed earlier this week, but the plaintiffs, represented by the Women’s Liberation Front, have indicated they will appeal.
The core of the debate centers on differing interpretations of safety and fairness. Advocates for transgender rights argue that denying transgender women housing consistent with their gender identity is discriminatory and can lead to increased violence. They point to data showing that transgender inmates are disproportionately targeted for assault while incarcerated. A 2007 UC Irvine study, which included interviews with 39 transgender inmates, found that the rate of sexual assault is 13 times higher for transgender people, with 59% reporting experiencing such encounters. The study highlighted the extreme vulnerability of this population within the prison system.
However, concerns raised by groups like the Women’s Liberation Front focus on the potential for male inmates to exploit the law to gain access to women’s facilities, posing a threat to the safety of cisgender women. Elspeth Cypher, board president of the Women’s Liberation Front, called the Justice Department investigation “welcome and long overdue,” expressing hope that it would “provide the women in prison with some hope that finally someone is listening.”
The California Department of Corrections and Rehabilitation (CDCR) has released data showing the impact of SB 132. As of March 4, 1,028 inmates housed in male prisons had requested transfers to women’s facilities, with 47 requests approved and 132 denied. Another 140 applicants “changed their minds,” according to the CDCR. Conversely, 84 inmates sought transfers from women’s facilities to men’s facilities, with only seven approved. The CDCR reports that 2,405 inmates currently identify as nonbinary, intersex, or transgender.
The Justice Department’s investigation will likely focus on the CDCR’s screening and assessment processes for inmates requesting transfers under SB 132. Bamby Salcedo, president and CEO of the TransLatin@ Coalition, which co-sponsored the bill, acknowledged that instances of abuse may occur but emphasized the CDCR’s responsibility to ensure the safety of all incarcerated individuals. “They should be able to not just follow the law, but also to be able to screen people appropriately,” Salcedo said. She also characterized the investigation as part of a broader political effort to restrict the rights of transgender people.
The investigation in Maine mirrors the concerns raised in California. The Justice Department is examining allegations that a male inmate housed in a women’s facility has assaulted and harassed other inmates. Dhillon stated in her video that the Justice Department is “very determined to ensure that no woman who’s incarcerated in the United States is subject to potential rape, sexual assault or other violations of her civil rights.”
Today, DOJ notified California &. Maine of investigations into whether their policies regarding the housing of biological males in women’s prisons violate the civil rights of female inmates. We will ensure that female inmates are not exposed to sexual assault & other harm. https://t.co/wJ9wJq9w9q
— Assistant Attorney General Harmeet Dhillon (@AAGDhillon) March 21, 2024
The Justice Department has emphasized that the investigations are preliminary and that no conclusions have been reached. However, Dhillon indicated a willingness to pursue litigation if the states are found to be violating the civil rights of female inmates. The outcome of these investigations could have significant implications for prison policies nationwide, shaping the debate over how to balance the rights and safety of all incarcerated individuals.
The next step in the California investigation will be a fact-finding phase, where the Justice Department will gather evidence and interview relevant parties. A timeline for the completion of the investigation has not been announced. Updates will be available on the Department of Justice website.
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