The United States Department of Justice said Thursday it has opened investigations into prison policies in California and Maine, focusing on whether housing biological men in women’s facilities violates the constitutional rights of female inmates. The move was outlined in formal notices sent to Gavin Newsom and Janet Mills.
Federal officials will examine conditions at specific institutions, including the California Institution for Women, the Central California Women’s Facility, and the Maine Correctional Center. The department is looking into whether practices in those facilities amount to a “pattern or practice” of rights violations under federal law.
“Keeping men out of women’s prisons is not only common sense – it’s a matter of safety and constitutional rights,” said Attorney General Pamela Bondi. “The Trump Administration will not stand by if governors are facilitating the abuse of biological women under the guise of inclusion.”
The inquiry will review reported claims involving potential violations of the First, Eighth, and Fourteenth Amendments. Allegations cited include sexual assault, harassment, voyeurism, and what officials described as a climate of intimidation tied to the presence of male inmates in women’s facilities. Authorities say these claims will be assessed, but no conclusions have been reached yet.
In California, the investigation will also look at the state’s policy allowing inmates to request transfers based on gender identity. Under current law, some male prisoners, including those convicted of violent offenses, can be housed in women’s prisons if they identify as transgender. The department says it will assess how that policy is applied and whether it affects the rights of female inmates.
“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,” said Assistant Attorney General Harmeet K. Dhillon. “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.”
Officials in Maine are being examined over a case involving a biological male inmate housed with women despite complaints of alleged misconduct. Federal prosecutors said they will review whether state practices adequately protect inmates.
“Incarcerated individuals can be particularly susceptible to having their rights violated,” said Andrew B. Benson. “The U.S. Attorney’s Office is committed to protecting the civil rights of all Maine citizens, no matter where they live, and will work with our colleagues in the Civil Rights Division to ensure that this vulnerable population is protected from harm while housed in state custody.”
The investigations are being conducted under the Civil Rights of Institutionalized Persons Act, which allows federal authorities to examine systemic rights violations in correctional systems. Additional review in California will be conducted under the Religious Land Use and Institutionalized Persons Act.
“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,” said Bill Essayli. “Our Constitution protects women from having their civil rights violated by harmful state legislation wrapped in the language of ‘equity’ and ‘progress.’”
The Justice Department said it is seeking information from the public as part of the review and noted that the California inquiry is separate from another ongoing federal investigation into alleged staff abuse at the same facilities.
