Story at a glance
- A transgender woman incarcerated in Texas could become the first inmate to receIve gender-affirming surgery.
- A federal court late last month ordered the federal Bureau of Prisons to evaluate Cristina Nichole Iglesias — a transgender woman — for gender-affirming care. It will deliver its recommendation by Jan. 24.
- Despite identifying as a woman since she was first incarcerated in 1994, Iglesias has been held in men’s facilities for more than two decades. In May, she became one of the few transgender inmates to be moved to a federal prison that aligns with her gender identity.
In a first of its kind ruling, a federal court late last month ordered the federal Bureau of Prisons (BOP) to evaluate a transgender inmate in Texas for gender-affirming surgery.
Cristina Nichole Iglesias — a transgender woman — could become the first incarcerated person to receive gender-affirming surgery after being held in a federal men’s facility for more than two decades. BOP officials have been aware that Iglesias, who was assigned male at birth, has identified as a woman since she was first incarcerated in 1994, according to the ACLU of Illinois, which is representing her.
Iglesias, 47, experienced “severe” physical and sexual violence while housed in men’s prisons, according to the ACLU, and in May she became one of just a handful of transgender inmates to be moved to a federal prison that aligns with her gender identity. She has been seeking gender-affirming care since at least 2016.
“For years, Cristina has suffered greatly from the denial of appropriate healthcare and the constant threats to her life while in BOP detention,” John Knight, of the ACLU of Illinois, said in a statement late last month. “Cristina has fought for years to get the treatment the Constitution requires. The Court’s order removes the unnecessary hurdles and delays BOP has repeatedly constructed to prevent her from getting the care that she urgently needs.”
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According to a court order issued Dec. 27, BOP must determine whether to recommend Iglesias for gender-affirming treatment by Jan. 24. If BOP’s Transgender Executive Council does not recommend Iglesias for surgery, a detailed explanation must be filed.
The court found that Iglesias “suffers daily and is at risk of self-mutilation and suicide” due to her gender dysphoria and is “running out of time.”
“The public has the ‘highest’ interest in ensuring that Iglesias’s constitutional rights are not violated by Defendants,” federal judge Nancy Rosenstengel wrote in the court order.
Roughly 1,200 transgender prisoners are currently being held in federal custody, according to the ACLU. Should Iglesias be recommended for surgery, Knight said he believes it will make it easier for other transgender people in BOP custody to receive the critical care they deserve.
“We hope that the order directing BOP to move forward will result in medically necessary and long overdue healthcare for Cristina—and, in time, for the many other transgender people in BOP’s custody who have also been denied surgery and other much-needed gender-affirming care,” Knight said.
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