The United States Department of Justice announced on Mar. 26 that it has notified California Governor Gavin Newsom about a federal investigation into whether two state women’s prisons have violated the constitutional rights of female inmates by housing biological male prisoners and giving them preferential treatment.
The investigation concerns the California Institution for Women in San Bernardino County and the Central California Women’s Facility in Madera County. The Justice Department said it will examine if there is a pattern or practice of violating female prisoners’ rights under federal law, including the Civil Rights of Institutionalized Persons Act (CRIPA) and the Religious Land Use and Institutionalized Persons Act (RLUIPA).
First Assistant United States Attorney Bill Essayli said, “California’s 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. Our Constitution protects women from having their civil rights violated by harmful state legislation wrapped in the language of ‘equity’ and ‘progress.’”
Assistant Attorney General Harmeet K. Dhillon said, “Under my leadership, the Civil Rights Division will not allow women incarcerated in jails or prisons to be subject to unconstitutional risks of harm from male inmates. These investigations will uncover whether the dangerous national trend of housing men in women’s prisons has resulted in violations of women’s constitutional rights.”
According to widely reported allegations cited by federal officials, female prisoners may have been deprived of First Amendment protections such as freedom of speech and religion, Eighth Amendment protection against cruel punishment, and Fourteenth Amendment equal protection guarantees due to incidents like sexual assaults or intimidation involving male inmates housed at these facilities.
Since January 2021, under California's Transgender Respect, Agency, and Dignity Act, men—including those convicted for violent sex crimes—can request transfer to women's prisons based on self-identification as transgender. The Justice Department stated that it has not reached any conclusions regarding these allegations but will investigate further under its authority granted by CRIPA.
The U.S. Attorney's Office for the Central District of California supports community outreach through programs focused on victim assistance and public education according to its official website. It serves more than 19 million residents across seven counties according to its official website, focusing on prosecuting federal criminal cases and handling civil matters for the government according to its official website. E. Martin Estrada has held the position of United States Attorney for this district according to its official website.
Officials encouraged individuals with relevant information about men housed in women's jails or prisons nationwide to contact authorities through designated channels listed online. This new inquiry is separate from an existing investigation into alleged abuse by prison staff at CCWF and CIW.
The broader implications could affect how correctional systems across America address issues related to gender identity policies within incarceration settings while balancing inmate safety concerns.
