Transgender people are much more likely than the population at large to be imprisoned at some point in their lives. They are at high risk of police discrimination and abuse; many transgender women have been searched or arrested on suspicion of prostitution based on little more than their appearance. Transgender people also face widespread employment discrimination, and many turn to illegal activities to support themselves.

When they are in custody, transgender people face disproportionate risks. According to a 2011-12 survey by the Bureau of Justice Statistics, 39.9 percent of transgender prison inmates and 26.8 percent of transgender jail inmates reported unwanted sexual activity with other inmates or sexual activity with prison staff members, which is always considered nonconsensual under the law, in the previous year — 10 times higher than for the general prison and jail populations. An analysis of sexual assault in immigration detention by the Government Accountability Office found that three of the 15 confirmed cases between October 2009 and March 2013 involved a transgender victim, a disturbing number given that less than 1 percent of people in immigration detention are transgender.

Transgender inmates who are assaulted or harassed are often placed in solitary confinement, which, though intended for their protection, is in fact a severe punishment. Isolation takes an enormous psychological toll on inmates, and can put them at increased risk of assault by guards. It deprives them of access to group therapy and educational programs that could improve employment prospects upon release. And immigration detainees, who often have no clear timeline for release, can face the frightening prospect of solitary confinement with no end in sight.

Correctional facilities also frequently deny transgender inmates access to hormone therapy, with serious physical and psychological consequences. Ashley Diamond, a transgender woman who was incarcerated in Georgia and has since been released, attempted suicide and self-castration after being denied hormone treatment.