Federal regulations are forcing juvenile detention centers to house transgender inmates based on gender identity rather than biological sex, raising significant concerns about the safety of young female inmates.

At a Glance

• Obama-era regulations prevent states from housing juvenile inmates based on biological sex, potentially placing transgender males with young girls
• States risk losing federal funding if they don’t comply with these regulations, even in conservative states
• A study found that 12% of youths in detention identify as transgender or gender-nonconforming
• Advocates argue current policies prioritize transgender accommodation over female inmate safety
• Trump’s executive orders aim to protect women’s spaces but may not automatically override juvenile detention standards

Federal Regulations Create Housing Dilemmas

Obama-era regulations issued in 2012 under the Prison Rape Elimination Act (PREA) have created a complex situation in juvenile detention facilities nationwide. These rules prevent states from housing juvenile inmates based solely on biological sex, requiring case-by-case assessments for transgender youth.

While intended to prevent sexual assault, these regulations have raised serious concerns about potentially housing biological males with young female inmates. States face losing federal funding if they don’t comply with these mandates, creating difficult decisions for facility administrators, especially in conservative states.

“Kids in juvenile are extremely vulnerable, and to add mixed sex housing into it, that’s creating a totally unnecessary hurdle to have to jump over. It’s setting them up for failure, and it’s just robbing them of any kind of normalcy or ability to focus on healing.”, said Amie Ichikawa.

The PREA standards specifically require that housing decisions for transgender inmates consider their safety and personal views rather than just anatomy. This has created a situation where detention facilities must either follow these federal mandates or risk financial penalties. PREA audits confirm that juvenile facilities must comply with transgender housing guidelines, even in states whose political leadership might oppose such policies.

This federal pressure has limited states’ ability to make independent determinations about housing based on biological sex.

Challenges In Managing Transgender Youth

Juvenile detention centers across the country report being ill-equipped to handle the unique needs of transgender teens. Many facilities lack proper training, resources, and clear protocols, leading to inappropriate placements and increased vulnerability for these youth.

In some cases, transgender teens face bullying, sexual assault, depression, and even suicide attempts. The lack of standardized best practices has resulted in inconsistent and sometimes harmful treatment, with some facilities resorting to isolation or other problematic measures.

“There are many systems that are basically clueless as to what the best practice should be, and they end up mistreating transgender girls particularly, just placing them in hallways or handcuffing them to desks,”, said Flor Bermudez.

Data shows that transgender youth are overrepresented in juvenile detention, with one study finding that 12% of detained youth identify as transgender or gender-nonconforming—a much higher percentage than in the general population.

Despite this significant presence, there is a concerning lack of data tracking assaults or suicides among transgender juvenile inmates. This information gap makes it difficult to assess the true impact of current housing policies. The situation is further complicated by overcrowding and understaffing in many juvenile systems, contributing to inadequate care.

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Policy Conflicts and Proposed Solutions

The Biden administration has generally supported policies that facilitate housing transgender inmates according to their gender identity, while the Trump administration took steps to prevent males from being housed in female detention facilities.

Trump’s executive orders aimed at protecting women’s spaces, but there is uncertainty about whether these directives affect juvenile detention standards, as they fall under a different section of federal code. This has created a confusing patchwork of policies across different states and facilities.

“As we see these challenges and the litigation, the more we see that going through the courts, the more important it’s going to be to do regulation. We need to be able to have something that has the force of law. Executive orders are very, very weak in terms of law.”, said Lauren Adams.

Advocates are pushing for amendments to federal code that would explicitly allow prisons to make housing decisions based on biological sex. They argue that current regulations create a situation where female safety concerns are bypassed in favor of accommodating transgender inmates’ preferences. Some jurisdictions, like Santa Clara County, California, and Massachusetts, have adopted what they consider fair policies for transgender youth, including access to transition-related treatments and regular housing reviews. However, critics maintain that these approaches often fail to adequately protect vulnerable female inmates.