DOJ opened civil-rights investigations into California and Maine for housing transgender women with female inmates

The U.S. Department of Justice announced on March 26, 2026 that it is investigating whether California and Maine violate female inmates' constitutional rights by housing transgender women with them at three correctional facilities. Assistant Attorney General Harmeet Dhillon framed the action as protecting incarcerated women, while Maine's governor's spokesman called it "a politically motivated, predetermined investigation designed to target states that stand up to the Trump Administration."

On March 26, 2026, the U.S. Department of Justice notified California Governor Gavin Newsom and Maine Governor Janet Mills that it was opening federal civil- rights investigations into both states' practices of housing transgender women with female inmates. The investigation targets the California Institution for Women (San Bernardino County), the Central California Women's Facility (Madera County), and the Maine Correctional Center in Windham, Maine—all facilities subject to state laws or policies requiring housing consistent with gender identity. Assistant Attorney General Harmeet K. Dhillon, head of the Civil Rights Division, announced the investigations under the Civil Rights of Institutionalized Persons Act (CRIPA), claiming the policies exposed female inmates to "unconstitutional risks of harm from male inmates." Maine Governor Janet Mills' spokesman Ben Goodman dismissed the probe as "another politically motivated, predetermined investigation designed to target states that stand up to the Trump Administration and its abuses." The California Department of Corrections and Rehabilitation stated that any policy mandating all transgender women be housed in men's facilities would violate federal law. The investigations follow a 2025 move by Attorney General Pam Bondi to revoke federal funding from Maine's Department of Corrections over a related transgender-housing dispute, situating this probe within the administration's broader campaign to use federal enforcement mechanisms against states maintaining transgender-inclusive correctional policies.

Updates

2026-04-03 — Maine inmate filed federal civil lawsuit over transgender housing policy [3]

Katie Mountain, an inmate at the Maine Correctional Center in Windham, filed a federal civil lawsuit against Maine Department of Corrections Commissioner Randall Liberty, Warden Ben Beal, and transgender inmate Andrea Balcer, alleging repeated sexual assault and staff retaliation after she filed grievances about Balcer's housing. The lawsuit claimed violations of the Eighth Amendment, equal protection, and free speech guarantees, and sought injunctive relief and damages.

2026-05-27 — Three more inmates joined civil lawsuit; expanded complaint added retaliation claims [4, 5]

Three additional women — Jennifer Albert, Michaela Sargent, and Danielle Foster — joined Mountain's lawsuit. The expanded complaint alleged that women who refused to affirm Balcer's gender identity were placed in solitary confinement, denied hygiene supplies and medication, and had early-release eligibility revoked. Plaintiffs sought a permanent injunction against Maine's 2021 gender-identity housing law and the Department of Corrections policies derived from it.

2026-07-01 — Maine AG filed motion to block DOJ subpoena for transgender inmate records [6, 7]

The DOJ subpoenaed Maine's Department of Corrections for all grievances filed against the transgender inmate, investigative materials, housing decisions, and records related to inmates who had complained. Maine's Attorney General filed a motion in federal court to block the subpoena, invoking Maine's statute protecting inmate medical, administrative, and PREA investigative records and seeking a confidentiality order if the court were to compel production. No ruling had been issued as of early July 2026.

The DOJ opened civil-rights investigations into California and Maine targeting their gender-identity-based inmate-housing policies, using the Civil Rights of Institutionalized Persons Act as a vehicle to pressure politically adversarial Democratic-led states. The investigation framing—condemning policies already upheld under federal anti-discrimination law—reflects the administration's pattern of weaponizing civil-rights enforcement machinery against states that protect transgender individuals, making this a documented instance of politicized investigation and targeting of marginalized communities.

  1. Justice Department Notifies California and Maine of Investigations into Whether Housing Biological Men in Women's Prisons Violates ConstitutionU.S. Department of Justice primary accessed March 26, 2026
  2. Justice Department probes California and Maine over housing transgender women with female inmatesNewsday / Associated Press primary accessed March 26, 2026
  3. Inmate at Women's Prison Files Suit Over Housing of Transgender PrisonerSun Journal secondary accessed July 27, 2026
  4. Three More Women Join Lawsuit Against Maine Department of Corrections Over Transgender PolicyMaine Public secondary accessed July 27, 2026
  5. Windham, Maine Transgender Inmates Lawsuit ExpandsBangor Daily News secondary accessed July 27, 2026
  6. Maine Fights DOJ Subpoena for Transgender Inmate RecordsSun Journal secondary accessed July 27, 2026
  7. Maine Fights Back After Trump's DOJ Demands Confidential Records of Trans InmateLGBTQ Nation secondary accessed July 27, 2026