DOJ to Investigate California Over Housing Trans Inmates in Women's Prisons

Probe launched into allegations of sexual assault, harassment, and civil rights violations at two state women's prisons.

Mar. 26, 2026 at 10:42pm

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The U.S. Department of Justice has announced an investigation into two California women's prisons, the Central California Women's Facility and the California Institution for Women, over allegations that they have unconstitutionally housed 'biological male prisoners' and subjected female inmates to sexual assault, rape, voyeurism, and a 'pervasive climate of sexual intimidation.' The DOJ said the probe is part of a new 'single sex prisons initiative' to look for potential civil rights violations.

Why it matters

This investigation highlights ongoing tensions and legal battles over transgender rights, particularly the housing of transgender inmates in prisons that match their gender identity. Opponents argue this puts cisgender women at risk, while advocates say denying transgender inmates the right to be housed according to their gender identity is discriminatory.

The details

In a letter to Gov. Gavin Newsom, the DOJ's Civil Rights Division said it will look into 'widely reported allegations of deprivation of female prisoners' rights' at the two California prisons. The DOJ also notified Maine's governor of a similar investigation into allegations that the state has allowed a 'biological male inmate' to remain housed with women despite complaints of assault and harassment. The investigations come after a 2021 lawsuit challenging a California law that gives transgender, nonbinary and intersex inmates the right to be housed at facilities matching their gender identity.

  • The DOJ announced the investigations on March 26, 2026.
  • In 2020, California Gov. Gavin Newsom signed into law Senate Bill 132, which gives transgender, nonbinary and intersex inmates the right to be housed at either men's or women's facilities.
  • In 2021, opponents of SB 132 filed a lawsuit alleging the law was unconstitutional and created an unsafe environment for women in female facilities.

The players

Gavin Newsom

The governor of California who signed into law Senate Bill 132 in 2020, giving transgender, nonbinary and intersex inmates the right to be housed at facilities matching their gender identity.

Harmeet Dhillon

The Assistant Attorney General who heads the Justice Department's Civil Rights Division and announced the investigations into the California and Maine prisons.

Bamby Salcedo

The president and CEO of the TransLatin@ Coalition, which co-sponsored Senate Bill 132 in California.

Elspeth Cypher

The board president of the Women's Liberation Front, which filed the lawsuit challenging SB 132 in 2021.

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What they’re saying

“Every day incarcerated women suffer from sexual harassment and abuse by the admission of men who say they are women.”

— Elspeth Cypher, Board President, Women's Liberation Front

“The way they wrote (the complaint) is saying that trans women are men and they are putting men in women's prisons, which is completely false. They're making a claim that is not accurate and not respectful towards trans women specifically.”

— Bamby Salcedo, President and CEO, TransLatin@ Coalition

What’s next

The DOJ said its investigation is just getting underway and that it 'has not reached any conclusions regarding allegations in these matters.' If the DOJ finds civil rights violations, it could take legal action to force the states to change their policies.

The takeaway

This investigation highlights the ongoing debate over transgender rights, particularly the housing of transgender inmates, and the competing concerns of protecting the rights and safety of both transgender and cisgender women in the prison system.