Trump Administration to Investigate California Over Trans Prisoner Policy

Despite few cases of transgender women transferring to women's prisons, the Department of Justice says it will look into "widely reported allegations" of abuse.

Mar. 27, 2026 at 12:03am

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The Trump administration is escalating its attack on California for recognizing transgender people, accusing the state of exposing female prisoners to violent assaults by allowing trans women to transfer to women's prisons. The federal government will investigate California's and Maine's practice of housing transgender women in women's prisons, citing "allegations of sexual assaults, rape, voyeurism and a pervasive climate of sexual intimidation." However, the state has denied more than 47 times as many transfer requests as it has approved, and the main driver of sexual abuse in prison is assault by staff, not by transgender inmates.

Why it matters

This investigation is part of the Trump administration's broader efforts to deny the legitimacy of transgender status and restrict transgender rights, including banning transgender individuals from the military and trying to prevent transgender women and girls from competing in women's sports. The administration's advocacy of keeping transgender women in men's prisons is seen as a violation of federal law requiring prisons to protect inmates from sexual assaults.

The details

Despite a 2021 California law allowing transgender inmates to request a transfer to a prison consistent with their gender identity, very few of those requests have been approved. As of last May, the state Department of Corrections and Rehabilitation had denied more than 47 times as many applications as it had approved. The Madera County district attorney charged one former prisoner who identifies as a transgender woman, Tremaine Carroll, with raping two other prisoners in 2024, but Carroll was sent back to a men's prison and has denied the charges.

  • In 2021, California passed a law allowing transgender inmates to request a transfer to a prison consistent with their gender identity.
  • As of last May, the state had denied more than 47 times as many transfer requests as it had approved.
  • In 2024, the Madera County district attorney charged Tremaine Carroll, a transgender woman, with raping two other prisoners.

The players

Tremaine Carroll

A transgender woman who was charged with raping two other prisoners in 2024, but was sent back to a men's prison and has denied the charges.

Scott Wiener

A California state senator who authored the 2021 law allowing transgender inmates to request a transfer to a prison consistent with their gender identity.

Bill Essayli

A former Republican state legislator and now an assistant U.S. attorney in Los Angeles, who criticized Wiener's law as not providing "Transgender Respect, Agency, and Dignity" to female inmates.

Terri Hardy

A spokesperson for the California Department of Corrections and Rehabilitation, who said the agency is committed to providing a safe, humane, and respectful environment for all incarcerated people.

Kamala Harris

The Democratic vice presidential candidate in 2024, who was criticized in a Trump campaign ad for supporting access to medical treatment for transgender inmates.

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What they’re saying

“The main driver of sexual abuse in prison' is 'assault by prison staff,'”

— Erik Mebust, Spokesperson for state Sen. Scott Wiener

“Wiener's law — titled the Transgender Respect, Agency, and Dignity Act — 'has provided none of these qualities to the female inmates of state prisons who have been forced to share space with biological men who are violent felons.'”

— Bill Essayli, Former Republican state legislator and assistant U.S. attorney

What’s next

The judge in the Tremaine Carroll case will decide on Tuesday whether or not to allow him out on bail.

The takeaway

This investigation is part of the Trump administration's broader efforts to deny the legitimacy of transgender status and restrict transgender rights, despite the lack of evidence of actual assaults by transgender prisoners. The state's policy of denying most transfer requests and the fact that staff assaults are the main driver of sexual abuse in prisons undermine the administration's claims.