Trump Administration Suspends Protections Against Prison Rape for Trans and Intersex Individuals, Leaked Memo Reveals

The U.S. Department of Justice has reportedly directed an immediate suspension of federal rules designed to protect transgender and intersex inmates from sexual assault, according to documents obtained by the news organization Prism.

The leaked memo, issued by DoJ official Tammie M. Gregg, instructs prison auditors nationwide to "immediately pause" compliance evaluations for critical safety measures for LGBTQI+ prisoners. These measures include allowing trans and intersex inmates access to separate showers, prohibiting searches solely to determine genitalia, and requiring staff to consider safety when placing prisoners in male or female units.

Some suspended regulations affect all LGBT+ prisoners and extend to juvenile detention centers, halfway houses, rehabilitation facilities, and mental health institutions. Gregg indicated that the changes serve as a temporary measure while the Trump administration revises the rules to align with a January executive order stating that trans individuals must be treated according to their birth-assigned sex under federal law.

The memo effectively diminishes protections established under the 2003 Prison Rape Elimination Act (PREA), which federal data shows is particularly crucial for trans and intersex inmates, who face elevated risks of sexual violence in custody.

Critics have condemned the move. Linda McFarlane of the non-profit Just Detention warned that the suspension signals a green light for predators to assault incarcerated individuals, including children, who are already at high risk. Similarly, Gillian Branstetter from the ACLU highlighted that ignoring PREA safeguards is tantamount to endorsing abuse.

PREA, passed by Congress in 2003 and updated in 2012, provides specific protections for LGBT+ inmates. Greggs memo, reportedly sent on December 2 to all DoJ-certified PREA auditors, directs them to disregard certain LGBT+ protections while the department revises the rules to comply with the executive order, a process described as complex and lengthy.

Targeted provisions include training staff to conduct respectful and minimally intrusive searches of trans and intersex prisoners, teaching effective communication with LGBTQ+ inmates, evaluating safety when assigning prisoners to male or female units, and considering the inmates status in incident reviews. One regulation specifically barred using a juveniles trans or intersex status as an indicator of potential abusive behavior, which is also suspended.

Shana Knizhnik, senior attorney with the ACLUs LGBTQ and HIV Project, said the memo has caused confusion among correctional facilities. PREA remains law, she emphasized. This directive essentially instructs personnel to ignore it, though state and local rules may still provide additional protections.

Author: Logan Reeves