DOJ Revokes LGBTQ Safety Standards for Prisons Amid DOJ Review

The Department of Justice has instructed inspectors to stop evaluating prisons and jails using standards designed to protect transgender, intersex, and gender-nonconforming people from sexual violence, according to an internal memo obtained by NPR. The memo explains that the DOJ is in the process of revising federal standards related to the 2003 Prison Rape Elimination Act (PREA) in order to align with President Trump's executive order on "gender ideology extremism." The Jan. 20 executive order asserts that the United States recognizes only two sexes: male and female. Detention centers that undergo PREA audits will no longer be evaluated using the current standards, which were specifically designed to address the unique vulnerabilities of LGBTQ and intersex inmates. The change is expected to put these individuals at a higher risk of sexual violence and other forms of abuse. "This is a devastating blow to the safety and dignity of LGBTQ and intersex people in detention," said Kris Hayashi, executive director of the Transgender Law Center. "The Department of Justice is essentially telling these individuals that their safety is not a priority." The PREA standards were enacted in 2003 to address the widespread problem of prison rape and other forms of sexual violence in correctional facilities. The standards require detention centers to implement policies and procedures to prevent, detect, and respond to sexual abuse, including providing training for staff and ensuring that inmates have access to confidential reporting mechanisms. The current standards also require detention centers to provide separate housing for transgender and intersex inmates, as well as to provide access to medical care and other services tailored to their specific needs. The revision of the PREA standards is part of a broader effort by the Trump administration to roll back protections for LGBTQ and intersex individuals. The executive order on "gender ideology extremism" asserts that the United States recognizes only two sexes: male and female, and that any attempt to recognize or acknowledge the existence of other sexes or genders is "extreme" and "radical." The order has been widely criticized by advocates for LGBTQ and intersex rights, who argue that it is a thinly veiled attempt to erase the identities and experiences of these individuals. The revision of the PREA standards is expected to be completed in the coming months, although the exact timeline is unclear. In the meantime, detention centers will no longer be evaluated using the current standards, which means that inmates will not have the same level of protection and support that they currently have. "This is a dark day for the safety and dignity of LGBTQ and intersex people in detention," said Hayashi. "We urge the Department of Justice to reconsider this decision and to prioritize the safety and well-being of these individuals."