DOJ curbs LGBTQ protections in PREA audits
An internal DOJ memo obtained by NPR instructs PREA auditors to stop evaluating detention facilities on standards tailored to protect transgender, intersex and gender‑nonconforming people, pending revisions to align with President Trump’s Jan. 20 executive order recognizing only two sexes. The change applies to federal and state prisons and jails, juvenile facilities, and immigration detention, and includes halting review of gender‑identity‑based housing decisions and whether sexual assaults were motivated by gender‑identity bias.
đź“Ś Key Facts
- DOJ memo tells PREA auditors to stop using LGBTQ‑specific safety standards during audits while standards are revised.
- Linked to Trump’s Jan. 20 executive order on 'gender ideology extremism' that recognizes only two sexes.
- Applies to federal/state prisons and jails, juvenile detention, and immigration detention facilities.
- Auditors will no longer review gender‑identity‑based housing practices or consider gender‑identity bias motives in assault reviews.
- DOJ certifies and can decertify PREA auditors; DOJ did not comment to NPR.
đź“Š Relevant Data
The National Inmate Survey found that 35 percent of transgender inmates held in prisons and 34 percent held in jails experienced one or more incidents of sexual assault.
Transgender inmates more likely to be victims of sexual assault — United States Congress
Federal data shows that transgender prisoners are 10 times as likely to report being sexually victimized as other prisoners.
Trump Bars Transgender Women From U.S. Prisons for Female ... — The New York Times
Approximately one in six transgender Americans have been incarcerated at some point in their lives, compared to about 3% of the total U.S. population.
6 facts about the mass incarceration of LGBTQ+ people — Prison Policy Initiative
Nearly half of Black transgender people have been incarcerated at some point, compared to one in six transgender people overall.
6 facts about the mass incarceration of LGBTQ+ people — Prison Policy Initiative
About 2,000 transgender people are incarcerated in federal prisons, representing a tiny fraction of the federal prison population of approximately 154,655 inmates.
3 Things to Know About Prison Violence Against Transgender People — The Marshall Project
đź“Š Analysis & Commentary (1)
"The author contends the Trump administration’s recent DOJ and agency moves constitute a long‑overdue repudiation of the 50‑year‑old disparate‑impact doctrine — a welcome corrective that replaces outcome‑focused enforcement with neutral, individual‑based rules and curbs what he views as coerced DEI practices."