Trans Immigrants Denied Medical Care in ICE Detention
Transgender immigrants held in ICE detention are being denied hormones and gender-related medical care at facilities across the country. Federal records confirm the cutoff is happening in at least 10 detention centers. For trans immigrants already in custody — or at risk of arrest — the question is urgent: what rights remain, and who can help?
What if you or someone you love is a transgender immigrant in ICE detention right now — and the facility has stopped providing hormones or medical treatment? That is not a hypothetical. Federal records cited by the New York Times confirm that specialized care for transgender detainees has been halted in at least 10 ICE detention centers. Authorities are no longer consistently providing hormones or other gender-related treatments.
What Is Happening Inside Detention
The New York Times report centers on Ms. Toro de Paula, a trans migrant held in ICE custody who lost access to her medical care after the policy shift. The broader crackdown is part of the Trump administration's rollback of trans rights across federal agencies. At the same time, a separate investigation published by NPR found that the grievance system inside immigration detention has been functionally dismantled — meaning detainees have lost one of the few channels they had to report abuse or demand care.
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Immigrant rights, appeals and protective measures
Deaf immigrants in detention face a related crisis. A Mother Jones investigation found that deaf people in ICE detention and immigration proceedings are being denied language assistance — a problem made worse after the Trump administration eliminated DHS's Office for Civil Rights and Civil Liberties in March last year. That office was the main body handling civil rights complaints inside the immigration system.
In court, a judge appointed two independent monitors to track whether children in detention are receiving legally required standards of care, following widespread reports of inhumane conditions. Mexico has now filed 20 formal complaints with U.S. authorities over the deaths of 17 Mexican nationals in ICE custody. And in Colorado, the state sued GEO Group — the private company that operates the Aurora immigration detention center — to force it to cooperate with a tuberculosis investigation at the facility.
What to Do
- If a detained person is being denied medical care, their attorney or a family member can contact a local immigration legal aid organization immediately — groups like the ACLU or local immigrant rights nonprofits can file emergency motions in immigration court.
- Detainees have the right to request medical care in writing. Lawyers recommend documenting every denied request with dates and names of staff involved, as this record can support a legal challenge.
- If you are a trans immigrant not yet in detention and you are in removal proceedings, ask your immigration lawyer about protections under the Convention Against Torture or asylum based on persecution — these may apply to your situation.
- If you believe a detained person's civil rights are being violated, contact the DHS Office of Inspector General directly, since the Office for Civil Rights and Civil Liberties no longer functions as it did before March last year.
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Denial of medically necessary care in immigration detention can violate the Fifth Amendment's due process protections and the government's own detention standards. A detainee or their representative can file an emergency motion in immigration court or a habeas corpus petition in federal district court to compel access to treatment. Document every denial in writing — that record is your strongest tool. If you or someone you know is in this situation, consult an immigration attorney with detention experience as soon as possible.
Frequently Asked Questions
Can ICE legally stop providing hormones to transgender detainees?
This is actively disputed in courts. Detainees have constitutional rights under the Fifth Amendment, and withholding medically necessary care can be challenged legally. Several lawsuits are ongoing. An immigration attorney can advise on filing an emergency motion specific to a detainee's situation.
What can a family member do if their relative in ICE detention is denied medical care?
Contact an immigration legal aid organization or a private immigration attorney immediately. They can file emergency motions in immigration court or a federal habeas corpus petition. Also contact the DHS Office of Inspector General to report the denial.
Can a trans immigrant use fear of persecution to apply for asylum or other protection?
Possibly. Trans people who face persecution based on their gender identity may qualify for asylum, withholding of removal, or protection under the Convention Against Torture. Each case depends on the country of origin and individual facts. An immigration lawyer can assess your specific situation.
What happened to the DHS office that handled civil rights complaints in detention?
The Trump administration eliminated DHS's Office for Civil Rights and Civil Liberties in March last year. That office was the main body for handling civil rights complaints inside the immigration system. Complaints can now be directed to the DHS Office of Inspector General.