Aaron Martinez

El Paso Times

A transgender woman, whose controversial arrest in El Paso on immigration charges made national headlines earlier this month, will be allowed to receive hormonal treatment as she awaits the outcome of her case.

Irvin Gonzalez Torres, 33, was arrested at the El Paso County Courthouse on suspicion of illegally re-entering the United States and has been in the county jail since Feb. 9.

Gonzalez had been denied hormonal treatment since her arrest because U.S. Marshals officials claimed last week that they needed her medical record from Mexico, the El Paso Times previously reported.

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U.S. Marshal officials also raised safety concerns, alleging she had been taking “street-level hormones" during a federal hearing on Monday.

Gonzalez’s lawyers, Alex Almanza and Andrew Steed, during the hearing said that an agreement had been reached with the U.S. Marshals to provide her with a minimum estrogen treatment that same day.

The minimum treatment agreement came after a general doctor said that it would be safe to do so, but U.S. Marshals officials are asking for a specialist to evaluate Gonzalez before increasing her treatment.

Almanza originally motioned the court to allow Gonzalez to continue the medical treatment she was getting before she was jailed.

U.S. Magistrate Judge Anne T. Berton ruled that Gonzalez must receive treatment and receive a medical evaluation, including a psychological exam, within 48 hours.

Federal prosecutors then asked that Berton rule that the U.S. Marshals did not violate any of Gonzalez’s rights and acted “appropriately” when dealing with her medical issues.

The prosecutors’ request comes after the El Paso Times reported that federal officials were contradicting precedence set in 2015 when the U.S. Department of Justice admonished the Georgia Department of Corrections on a similar case. In that case, the courts ruled that the corrections department allegedly violated a transgender woman’s constitutional rights by denying her medical treatment.

Berton agreed with prosecutors and ruled that "the U.S. Marshals acted appropriately and diligently" to ensure Gonzalez received safe treatment.

Gonzalez’s case gained national attention after U.S. Immigration and Customs Enforcement officers arrested her outside a courtroom in the El Paso County Courthouse after she had just received a protective order.

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The protective order alleges that Gonzalez is a victim of domestic violence.

El Paso County officials strongly condemned the ICE officers' actions.

Officials argued that federal agents arresting domestic violence victims at the courthouse could scare other undocumented victims from seeking protection from their abusers.

In the aftermath of the arrest, an investigation by county officials found conflicting information to what federal agents claimed in court documents.

In a sworn affidavit, U.S. Border Patrol Agent John P. Urquidi wrote that Gonzalez was arrested after she was spotted on the street outside the courthouse. The investigation by county officials included witness statements and surveillance video that showed agents detaining Gonzalez inside the courthouse.

The U.S. Border Patrol then referred the case for investigation for what appears to be to an examination of the sworn affidavit for any possible perjured testimony, the El Paso Times reported.

A trial date for Gonzalez on the immigration charge has not been set.

Aaron Martinez may be reached at 546-6249; aamartinez@elpasotimes.com; @AMartinez31 on Twitter.