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Transgender troops ask federal judge for temporary restraining order against Trump administration

judges gavel in front of military uniform camouflage alongside person wearing transgender pride flag cape and green hat
Africa/Shutterstock; Marc Bruxelle/Shutterstock

A federal judge is considering a temporary restraining order to protect trans troops from negative consequences.

The Department of Justice has until Tuesday morning to assure Judge Ana Reyes that trans troops aren't being professionally impacted.

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At an emergency hearing held over Zoom on Monday afternoon, Washington, D.C., U.S. District Judge Ana Reyes made clear she is prepared to issue temporary restraining orders to protect transgender service members if the federal government fails to provide concrete assurances by Tuesday morning. The Trump administration’s enforcement of its renewed ban on transgendermilitary service, as Reyes considers whether to enforce a preliminary injunction she issued last week, is already causing serious harm, plaintiffs say—and Reyes signaled she agrees.

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The hearing followed a tense, nearly two-hour session on Friday during which Reyes slammed the Department of Justice’s last-minute efforts to dissolve her preliminary injunction blocking the ban. At issue Monday: five individual plaintiffs who say they are facing career-ending consequences right now despite the court’s previous order, according to documents filed with the court.

At issue Monday were five individual plaintiffs who say they are facing immediate, irreparable harm, despite the court’s prior ruling. DOJ attorney Jean Lin told the court that at least some of the plaintiffs — including Master Sgt. Jamie Hash and Senior Airman Vera Wolf — were not currently barred from career advancement and could be accommodated in the future. She argued that Hash could finish her Georgetown seminar course later in the year and that Wolf’s request to transfer to a linguist position was not necessarily denied.

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Related: Federal judge dismantles Trump's trans military ban in explosive hearing

But Reyes wasn’t convinced, demanding written confirmation from the government by 9 a.m. Tuesday that Hash can complete her course, that Wolf is actively being considered for the linguist slot, and that Lt. Col. Ashley Davis will retain her standing as the top candidate in her unit for Air War College.

Reyes said she is particularly inclined to grant emergency relief for Air Force Academy cadet Hunter Marquez and Officer Candidate School trainee Samuel Ahearn. Both say they have been sidelined from core training experiences and placed in statuses that imply disciplinary or substandard performance. Lin claimed that Ahearn is serving “in his preferred sex” while in the transitional group, but Reyes pushed back, questioning why he remains isolated in a unit for those deemed unfit.

“These are people whose daily lives are being affected in extraordinarily serious ways,” GLAD Law’s Jennifer Levi told the court. GLAD Law and the National Center for Lesbian Rights represent the plaintiffs in the case.

Related: Fireworks in D.C. courtroom as judge hears DOJ request to undo block on trans military ban

Earlier on Monday, lawyers added 12 plaintiffs to the case, making the total 32 transgender people who are serving in or are in the process of joining the U.S. military.

Speaking to The Advocate after the hearing, NCLR legal director Shannon Minter sounded confident. He said the judge “recognizes the harm that’s happening” and the injustice of the ban. “We’re just going to keep trying everything we can to get these plaintiffs as much relief as we can,” he added.

A ruling on the administration’s broader request to lift the injunction is expected later this week. An appeal to the D.C. Circuit is likely to follow, with the court first deciding whether to keep Reyes’s preliminary injunction in place or to stay it.

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