Trans Ban 2.0? Pentagon sends new transgender recommendations to Mattis

A Pentagon panel has delivered its recommendations to Defense Secretary James Mattis for the future policy regarding transgender individuals joining and serving in the military, according to Pentagon spokesperson Major Dave Eastburn.

This is the first milestone toward a new trans military policy since the White House released a memo in August calling for a review of the existing policy. The memo directed Secretary Mattis to report his recommendations for a new policy to President Donald Trump by Feb. 21.

On Tuesday, a federal judge in Maryland filed an order stating that Justice Department lawyers informed him they "cannot now comply" with a previous ruling against the president's proposed trans military ban, because the department will be "defending" a new policy that will be disclosed on Feb. 21. A Defense Department official, however, denied there is a plan to release a new policy to the public on Feb. 21.

RELATED: Meet transgender military members: 

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Transgender members of the military

Nevada Army National Guard Sergeant Sam Hunt, an electrician with G Company, 2/238th General Support Aviation Battalion poses for a photo on the flight line at the Army Aviation Support Facility in Stead, Nevada, U.S. May 12, 2017. Hunt is the first openly transgender soldier of the Nevada National Guard. 

(Tech. Sgt. Emerson Marcus/Nevada Joint Force Headquarters Public Affairs/Handout via REUTERS)

Former US Army Colonel and transgender Sheri Swokowski talks with reporters on July 27, 2017 in DeForest, Wisconsin, the day following US President Donald Trumps announcing of a ban on transgender military members.

(DEREK R. HENKLE/AFP/Getty Images)

Transgender former US Air Force member Vanessa Sheridan poses for a photo after talking with reporters in Chicago, Illinois on July 26, 2017. Trump announced that transgender people may not serve 'in any capacity' in the US military, citing the 'tremendous medical costs and disruption' their presence would cause.

(DEREK R. HENKLE/AFP/Getty Images)

Kristin Beck, a former U.S. Navy SEAL, speaks during a same-sex marriage rally to celebrate the 10th Circuit Court of Appeals decision in Salt Lake City, Utah, June 25, 2014. The U.S. appeals court ruled on Wednesday that conservative Utah may not ban gay couples from marrying, a decision that capped a day of victories for same-sex nuptials and nudges the issue closer to the U.S. Supreme Court.

(REUTERS/Jim Urquhart)

Alaina Kupec poses for a portrait at Logo's 'Trailblazer Honors' on June 23, 2016, in the Cathedral of St. John the Divine in New York City.

(Photo by Ungano & Agriodimas /Getty Images Portrait)

Transgender military pilot Shane Ortega arrives at IDENTITY: Timothy Greenfield-Sanders The List Portraits exhibition opening at the Annenberg Space for Photography on September 22, 2016 in Century City, California.

(Photo by Amanda Edwards/WireImage)

Former US Army Colonel and transgender Sheri Swokowski carries her uniform July 27, 2017 in DeForest, Wisconsin, the day following US President Donald Trumps announcing of a ban on transgender military members.

(DEREK R. HENKLE/AFP/Getty Images)

Former US Army Colonel and transgender Sheri Swokowski raises the American flag at her home on July 27, 2017 in DeForest, Wisconsin, the day following US President Donald Trumps announcing of a ban on transgender military members.

(DEREK R. HENKLE/AFP/Getty Images)

Transgender former US Air Force member Vanessa Sheridan poses for a photo after talking with reporters in Chicago, Illinois on July 26, 2017. Trump announced that transgender people may not serve 'in any capacity' in the US military, citing the 'tremendous medical costs and disruption' their presence would cause.

(DEREK R. HENKLE/AFP/Getty Images)

Transgender Retired US Army Colonel Sheri Swokowski prepares her uniform on July 1, 2016, at her home in DeForest, Wisconsin. Transgender personnel will no longer be barred from serving openly in the US military, the Pentagon announced on June 30, 2016. Lifting the ban on transgender service members is 'the right thing to do, and it's another step in ensuring that we continue to recruit and retain the most qualified people,' US Defense Secretary Ashton Carter told reporters.

(DEREK HENKLE/AFP/Getty Images)

Hayden Brown with his girlfriend Mia Scott at home on July 28, 2017 in Altoona, Pennsylvania. The transgender solider says he was told, days after President Trump banning transgender people from the military, that he must carry out the rest of his military career as a woman if he wants to keep his job. Hayden Brown says that just days after Donald Trump tweeted he was to ban all transgender people from the military, he received a call from his unit telling him he must revert back to female to continue his service. The 23-year-old from Pennsylvania has been in the armed forces for four and a half years, initially identifying as a woman.

(Ruaridh Connellan/Barcroft Ima/Barcroft Media via Getty Images)

Collect image of Hayden Brown with his military comrades at the presidential inauguration briefing at the Washington Redskins stadium on January 20, 2017 in Washington DC. A TRANSGENDER solider says he was told, days after President Trump banning transgender people from the military, that he must carry out the rest of his military career as a woman if he wants to keep his job. Hayden Brown says that just days after Donald Trump tweeted he was to ban all transgender people from the military, he received a call from his unit telling him he must revert back to female to continue his service. The 23-year-old from Pennsylvania has been in the armed forces for four and a half years, initially identifying as a woman.

(Barcroft Images / Barcroft Media via Getty Images)

Hayden Brown with his girlfriend Mia Scott at home on July 28, 2017 in Altoona, Pennsylvania. The transgender solider says he was told, days after President Trump banning transgender people from the military, that he must carry out the rest of his military career as a woman if he wants to keep his job. Hayden Brown says that just days after Donald Trump tweeted he was to ban all transgender people from the military, he received a call from his unit telling him he must revert back to female to continue his service. The 23-year-old from Pennsylvania has been in the armed forces for four and a half years, initially identifying as a woman.

(Ruaridh Connellan/Barcroft Ima/Barcroft Media via Getty Images)

Navy Petty Officer 1st Class Brock Stone, who is based at Fort Meade and has served in the Navy for 11 years, including a nine-month deployment to Afghanistan, speaks to reports federal court with his team from the ACLU on November 9, 2017 in Baltimore, Maryland. Brock Stone is challenging President Trump's policy banning transgender people from serving in the military.

(Photo by Jason Andrew for The Washington Post via Getty Images)

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Several LGBTQ advocacy groups released statements critical of the president after the court order was first reported by Buzzfeed.

"President Trump's transgender ban is senseless, unconstitutional, and bad for the country. Trans Ban 2.0 is sure to also be senseless, unconstitutional, and bad for the country," Mara Keisling, executive director of the National Center for Transgender Equality said in a statement sent to NBC News. "No matter how the administration re-brands, any policy that singles people out because they are transgender cannot pass the smell test."

A 2016 report conducted by the RAND Corporation and commissioned by the Defense Department estimated there are between 1,320 and 6,630 active-duty transgender service members in the U.S. military.

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