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A look at Trump's claim that he performed “transgender surgeries against illegal immigrants”

During the presidential debate on Tuesday, former President Donald Trump criticized Vice President Kamala Harris for her support of taxpayer-funded healthcare for transgender people.

“Now she wants to perform transgender surgeries on illegal immigrants who are in prison,” Trump said. “This is a radical left-wing liberal who would do something like that.”

The comment was the only mention of the LGBTQ+ community on the debate stage.

Trump's comments appear to be a reference to a 2019 American Civil Liberties Union questionnaire that then-Senator Harris filled out during her first presidential run.

The questionnaire asked: “As President, will you use your executive authority to ensure that transgender and nonbinary people who rely on federal health care, including those in prisons and immigration detention, have access to comprehensive gender transition-related care, including any necessary surgical procedures? If so, how will you do this?”

In this undated stock photo, someone holds up a transgender flag.

Photo archive/Getty Images

She said yes, but added: “It is important that transgender people who rely on state care receive the treatment they need. This includes access to treatment related to gender reassignment.”

She pointed out that as Attorney General of the State of California, she supported the decision of the California Department of Corrections and Rehabilitation to allow gender reassignment surgery for the state's inmates.

In 2015, when Harris was attorney general, California and the Transgender Law Center reached a historic settlement, agreeing to transfer an incarcerated transgender woman to a women's reformatory and provide her with medical care typically available to transgender women that was deemed medically necessary by multiple doctors and psychiatrists, according to the settlement agreement.

LGBTQ activists welcomed the case, saying it would have implications for incarcerated transgender people across the country.

In her response to the ACLU questionnaire, Harris added that she supports the policy of allowing federal prisoners to receive “medically necessary care for gender reassignment” while in prison.

“I will direct all federal agencies responsible for providing basic health care to implement transitional care,” she wrote.

Harris campaign communications director Michael Tyler told Fox News that the 2019 questionnaire was neither what the vice president was proposing nor part of her platform. They did not provide any new details about their current stance on the issue.

ABC News has reached out to the Harris team for further comment.

Vice President and Democratic presidential candidate Kamala Harris speaks during a presidential debate with former President and Republican presidential candidate Donald Trump in Philadelphia, September 10, 2024.

Michael Le Brecht II/ABC NEWS

Harris and Trump’s policy on gender-affirming care

The Harris-Walz campaign has not yet released any official policy proposals or promises related to gender-affirming health care. However, Minnesota Governor Tim Walz signed an executive order in May that protects and supports access to gender-affirming health care for LGBTQ people in the state.

In his order, Walz points out that numerous medical organizations, including the American Medical Association, the American Academy of Child and Adolescent Psychiatry, and the Centers for Disease Control and Prevention, have stated that access to gender-affirming care is critical to the health and well-being of gender-diverse people.

Studies conducted by researchers at Boston Children's Hospital and Massachusetts General Hospital and published by the American Psychological Association have shown that gender-affirming treatment for transgender and nonbinary children and adolescents can be life-saving and positively promote mental and physical health and well-being.

The order comes amid a wave of bills introduced by conservative politicians that have resulted in at least 26 states adopting policies restricting gender-affirming care for transgender youth.

Proponents of a ban on transgender care argue that children and their families should wait until they are older to make decisions about their gender and health.

This photo combination shows Republican presidential candidate and former President Donald Trump, left, and Democratic presidential candidate Vice President Kamala Harris during an ABC News presidential debate in Philadelphia on September 10, 2024.

Alex Brandon/AP

The Biden-Harris administration also signaled its support for transgender Americans by lifting a Trump-era ban on transgender military service and revising Title IX to include gender identity protections in the law.

In a statement to the nonprofit news organization The 19th, the White House said gender reassignment surgery should be limited to adults – as is usually the case – but supports gender reassignment treatments for minors.

Trump has announced that he wants to ban taxpayer funding for gender reassignment surgery – which would include gender reassignment treatment for prisoners – and ban schools from “promoting gender reassignment surgery.”

He also stated that he would reverse Title IX's changes regarding gender identity.

LGBTQ issues are at the forefront of policy at both the national and state levels. According to the ACLU, more than 500 bills affecting the LGBTQ community were considered in the United States this year.

LGBTQ advocacy group GLAAD criticized the lack of attention given to LGBTQ issues on the debate stage.

“The debate only mentioned LGBTQ Americans once, an anti-transgender slander that went unchallenged,” Sarah Kate Ellis, GLAAD president and CEO, said in a statement. “As Americans begin returning their ballots and lining up for early voting, reporters must remember that the next president of the United States will have a profound impact on the LGBTQ community and all marginalized people. We urge reporters to ask politicians how they will specifically ensure we are always welcome and safe.”