In a surprising legal move, an imprisoned MS-13 gang member, now identifying as a woman, is suing former President Donald Trump and the Bureau of Prisons. The lawsuit, filed by Oscar Contreras Aguilar, who changed his name to Fendi G. Skyy, claims discrimination based on gender identity while he serves a 21-year sentence for the brutal murders of two teenagers.
Aguilar, incarcerated since 2017 at the Coleman Correctional Facility in Florida, alleges that the federal government has refused to acknowledge his self-identified gender, which he claims has subjected him to harsher treatment compared to other male inmates. The lawsuit, filed last month, asserts that men identifying as women face more degrading treatment in prisons. The Bureau of Prisons, when approached for comment, stated they do not discuss ongoing litigation.
The crimes that led to Aguilar’s imprisonment are particularly heinous. In 2016, he was involved in the murders of 17-year-old Edvin Mendez and 14-year-old Sergio Arita Triminio. Aguilar and his gang lured Mendez to a park under the pretense of friendship, only to kill him because they suspected he was affiliated with a rival gang. Triminio met a similar fate, murdered because the gang believed he was cooperating with law enforcement.
Interestingly, prior to his gender identity claims, Aguilar had filed several complaints about threats to his life from other gang members, asserting that his past as an informant for the FBI made him a target. In a previous civil action against former U.S. Attorney General Merrick Garland, Aguilar argued that his prison sentence was a result of his cooperation with law enforcement, a claim that was dismissed in 2024.
MS-13, the gang to which Aguilar belonged, is notorious for its extreme violence and criminal activities. The U.S. Department of Justice describes MS-13 as a well-organized group heavily involved in illegal enterprises, often using brutal tactics to achieve their goals. This context raises questions about the implications of Aguilar’s lawsuit and its broader impact on discussions regarding gender identity and the treatment of incarcerated individuals.
Aguilar’s case is not isolated; it reflects a growing trend in the legal system concerning the rights of transgender inmates. In December 2024, the American Civil Liberties Union (ACLU) of Washington filed a petition for Bryan Kim, a trans-identifying inmate convicted of murdering his parents, who sought to return to a women’s prison after being transferred to a men’s facility. The ACLU argued that Kim’s transfer was unconstitutional, highlighting ongoing debates about the treatment of transgender individuals in correctional settings.
Advocates for women’s rights in prisons, like Amie Ichikawa, have voiced concerns about policies allowing male inmates who identify as female to be housed in women’s facilities. Ichikawa, a former inmate, has shared her experiences of feeling unsafe when housed with male prisoners after California’s Senate Bill 132 was enacted, which permits inmates to be placed according to their gender identity.
As these cases unfold, they prompt critical discussions about justice, safety, and the rights of all individuals within the prison system. The intersection of criminal justice and gender identity continues to be a contentious topic, raising questions about how society balances these complex issues.
For more on the implications of gender identity in the justice system, you can check out resources from the American Civil Liberties Union and the U.S. Department of Justice.
As these legal battles continue, society must grapple with the evolving definitions of identity and justice, seeking solutions that uphold the dignity and safety of all individuals, regardless of their past actions or identities.