Department of Justice aims to remove protections against sexual abuse for LGBTQ+ individuals in prisons

The United States Department of Justice has announced a move to remove safeguards that protect LGBTQ+ individuals from sexual abuse in correctional facilities, a change that advocates warn could result in a surge of assaults behind bars. A memo released by the department on Tuesday stated that, "effective immediately," prisons and jails will no longer be accountable for violations of policies intended to protect LGBTQ+ inmates from harassment, assault, and rape. The memo also instructed inspectors to cease evaluating facilities for compliance with these protections.

The directive pertains to rules under the Prison Rape Elimination Act (PREA), a federal law enacted in 2003 that requires officials to assess the risk of sexual assault for incarcerated individuals, considering their LGBTQ+ status when assigning housing. PREA applies to all correctional institutions and includes specific measures aimed at addressing the heightened vulnerability of transgender, gender-nonconforming, and queer people to sexual violence in prisons and jails.

Tammie Gregg, principal deputy director of the Bureau of Justice Assistance, issued the memo, indicating that the changes are intended to align PREA enforcement with one of former President Donald Trumps executive orders targeting transgender rights in prison. The order, issued on Trumps inauguration day, directed that transgender women be prohibited from housing in womens facilities and restricted access to gender-affirming care within federal prisons.

The memo instructed PREA auditors, who monitor compliance, to disregard LGBTQ+ protections in future inspections. Gregg noted that the Justice Department is currently revising PREA standards to reflect the presidential directive. Affected regulations include requirements to screen transgender, intersex, and gender-nonconforming inmates for victimization risk, protect against discriminatory searches, ensure respectful communication by staff, and investigate sexual assaults with consideration of whether the victims LGBTQ+ status motivated the crime.

Linda McFarlane, executive director of human rights organization Just Detention International, criticized the changes, stating they will likely increase violence in prisons, endanger staff and inmates, and allow perpetrators to act without consequences. She emphasized that the revisions undermine over a decade of work to implement rules aimed at preventing prisoner sexual assault.

Despite the shift in policy, PREA remains law, and constitutional protections against cruel and unusual punishment still apply. Lawyers representing transgender inmates condemned the memo, highlighting that it places prisoners in more dangerous conditions and complicates compliance for correctional facilities. The memo has raised concerns among advocates and auditors that it sends a message to officials that LGBTQ+ inmates can be targeted with less accountability.

Advocates urge that institutions continue to follow PREA standards to ensure the safety of LGBTQ+ individuals in custody, even as federal policy moves to relax specific protections.

Author: Jackson Miller