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Trans Immigrants Denied Medical Care in ICE Detention

Transgender immigrants in ICE detention are being denied hormones and gender-related medical care, according to federal records cited by the New York Times. At least 10 detention centers have stopped providing that care. With the internal grievance system also dismantled, detainees have almost no way to fight back from inside.

Yesterday·3 min read
Trans Immigrants Denied Medical Care in ICE Detention

What if you are a transgender immigrant already in ICE detention — does the law still protect your right to medical care? The short answer is yes, legally it does. But federal records cited by the New York Times show that in practice, ICE has stopped providing hormones and other gender-related treatments to transgender detainees in at least 10 detention centers nationwide.

What is happening inside detention

The New York Times report centers on Ms. Toro de Paula, a transgender migrant held in ICE custody who was denied gender-related care. Federal records confirm that ICE officials "no longer consistently provide" hormones or other gender-related medical treatment to trans detainees. Advocates say this is part of a broader crackdown on transgender rights under the Trump administration. Separately, a new investigation by NPR found that the grievance system inside immigration detention — the formal process detainees use to report abuse or mistreatment — has been functionally dismantled, removing one of the few channels people inside have to raise concerns.

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Deaf detainees and civil rights oversight also gutted

Transgender detainees are not the only group losing access to basic protections. A Mother Jones investigation found that Deaf people in ICE detention and immigration proceedings face a severe lack of language assistance — including sign language interpreters. That problem grew worse after the Trump administration eliminated DHS's Office for Civil Rights and Civil Liberties in March last year, the office that was supposed to handle exactly these complaints. With the grievance system dismantled and civil rights oversight gone, detainees have fewer ways than ever to report mistreatment or seek help.

Other immigration news this week

Twenty people — mostly from Cuba and Venezuela — were deported to Liberia this week as part of a federal deal for that West African nation to accept 1,200 migrants. Mexico has now filed 20 formal complaints with U.S. authorities over the deaths of 17 Mexican nationals in ICE custody. In New York, more than 10 people detained at Delaney Hall are pursuing U visas (visas for victims of crime) as a legal strategy that may protect them from deportation. And a New York City resident named Victor Hernandez says he lost thousands of dollars to what turned out to be an AI-generated fake immigration attorney — a warning to anyone seeking legal help online.

What to do

  • If you or someone you know is a transgender immigrant in ICE detention, contact an immigration attorney or a legal aid organization immediately. Organizations like the National Immigrant Justice Center and the ACLU have handled cases involving medical care in detention.
  • If you are in detention and your grievance is being ignored, ask your attorney to document the denial in writing and file complaints with outside oversight bodies, since the internal grievance system may no longer be functioning.
  • If you are Deaf and in immigration proceedings, you have a legal right to an interpreter. Ask your attorney to formally request one and put that request on the record with the immigration court.
  • Before hiring any immigration attorney, verify their bar license on your state's official bar association website. Never pay someone who cannot show you a valid license — AI-generated scam profiles are now targeting immigrants online.

Related: our step-by-step guide — “Deportation Defense”.

Attorney's Advice on This Topic
Илья Фишкин — иммиграционный адвокат
Ilya Fishkin

Immigration attorney, 20+ years of experience

Fishkin Law Firm, New York

Transgender detainees retain constitutional rights under the Eighth Amendment, which prohibits deliberate indifference to serious medical needs — and courts have repeatedly held that hormone therapy for gender dysphoria qualifies as a serious medical need. If ICE is denying that care, an attorney can seek a temporary restraining order in federal district court to force treatment while the case proceeds. Do not wait for the internal grievance process; consult an immigration or civil rights attorney as soon as possible.

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Frequently Asked Questions

Does a transgender immigrant in ICE detention have a legal right to hormone therapy?

Federal courts have ruled that denying medically necessary treatment — including hormone therapy — to detainees can violate the Constitution. That legal standard still exists, even if ICE is not following it in practice. An attorney can go to federal court to enforce that right.

What is a U visa, and can it stop deportation?

A U visa is a special visa for immigrants who are victims of certain crimes and who have cooperated with law enforcement. Applying for a U visa does not automatically stop deportation, but it can be used as part of a legal defense strategy. An immigration attorney can advise whether you qualify.

If the grievance system in detention is gone, how can detainees report abuse?

Detainees can still report abuse through outside channels: their attorney, legal aid organizations, members of Congress, and in some cases directly to federal courts. Documenting everything in writing — and getting that information to someone outside the facility — is the most important step.

How do I verify that an immigration attorney is real and not a scam?

Check the attorney's name on your state bar association's official website. Every licensed attorney in the US has a public record there. If someone cannot give you a bar number you can verify, do not pay them anything.

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