Oscar Contreras Aguilar, a convicted former MS-13 gang member currently serving a 21-year sentence for his involvement in the abduction and murder of a 14-year-old, has taken legal action against the Trump administration. The lawsuit, filed in a federal court, alleges gender discrimination by the Bureau of Prisons (BOP). Aguilar, who identifies as transgender, claims that the BOP has denied him access to gender-affirming items and services, exacerbating his mental health issues.
The civil rights complaint, first brought to light by Reduxx, indicates that Aguilar has been refused items such as shaving supplies, makeup, and hair accessories, as well as social support. Tracing the origins of Aguilar's gender dysphoria to his early teenage years, the complaint recounts his upbringing surrounded by female influences and the comfort he found in feminine experiences.
Key to Aguilar's lawsuit, filed on June 20, is a temporary restraining order request to prevent male guards from performing strip searches on him. It also opposes an executive order that prohibits male convicts from being transferred to women's prisons. The executive order in question, titled "Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Government," is challenged on the grounds of sex discrimination. Aguilar contends that the order has limited access to female undergarments, cosmetic products, and hormone replacement therapy, potentially increasing the risk of self-harm or suicide.
Prior to the executive order, trans-identifying male inmates had access to female undergarments and cosmetics through commissary purchases, a practice that has ceased according to the complaint. This lawsuit forms part of a broader wave of legal challenges from trans-identifying inmates, addressing gender-affirming care and housing accommodations in the federal prison system.
No ruling has been issued on the case as of yet, and the Department of Justice has not publicly commented on the filing. The dispute underscores the ongoing debate over federal prison policies, the implications of executive directives, and the rights of transgender inmates. Legal experts highlight that federal prisons traditionally restrict certain services based on security needs and that executive orders hold significant sway over facility policies.
The case, intensified by Aguilar's history as a convicted MS-13 gang member, draws national focus to the complexities at the juncture of criminal justice, gender identity, and federal policy. Prison administrators and authorities are keeping a close eye on the proceedings, which may set precedents for the management of gender-affirming treatment and housing in federal prisons, potentially impacting inmate rights and operational policies across the United States.
