Justice Department Changes Standards for Protecting LGBTQ and Intersex Inmates
The U.S. Department of Justice has announced a significant shift in how detention facilities will be audited regarding the treatment of LGBTQ and intersex inmates, sparking concerns from human rights activists. An internal memo obtained by NPR indicates that these centers will no longer be evaluated based on standards aimed at safeguarding these vulnerable populations from sexual violence.
This alteration in policy comes amidst ongoing concerns about the safety of transgender and intersex individuals in correctional settings, which have already been highlighted by alarming statistics reflecting their heightened risk of sexual assaults while incarcerated.
Key Developments
- The DOJ has decided that while it revises federal standards tied to the 2003 Prison Rape Elimination Act (PREA), detention centers undergoing audits will not be assessed on their compliance with protections for LGBTQ and intersex individuals.
- This decision is part of the DOJ’s efforts to align with President Trump’s executive order, which emphasizes a binary view of gender.
- Human rights organizations are voicing strong opposition, stating that this change will exacerbate the danger faced by vulnerable inmates.
- Auditors, responsible for evaluating the conditions of detention facilities, will now disregard critical assessments regarding housing policies for transgender individuals and motivations behind sexual violence incidents related to gender identity.
Full Report
Change in Audit Standards
An internal memo from the DOJ highlights a shift in policy that will affect federal, state, and local detention centers. These changes follow a directive to stop the use of specific standards meant to protect transgender and intersex inmates during PREA audits, which are designed to prevent sexual abuse and harassment. Auditors, who are generally hired by state and local corrections agencies, have been instructed not to evaluate these facilities based on protections meant for LGBTQ and intersex people.
Concerns From Advocacy Groups
Linda McFarlane, executive director of Just Detention International, has criticized the DOJ’s new policy, asserting that it will endanger already vulnerable incarcerated populations. She emphasized that when environments become less safe for marginalized individuals, such conditions can permeate to the general inmate population as well.
The memo explicitly states that auditors should no longer review housing assignments for transgender inmates or account for assaults driven by gender-identity bias. Existing data from organizations such as Black and Pink indicates that LGBTQ inmates are statistically at a greater risk of sexual assault compared to their heterosexual counterparts, pointing to systemic issues within the prison system.
Administrative Changes and Confusion
Adding to the confusion, Kenneth L. James, a PREA auditor, mentioned that the memo complicates the auditors’ work, potentially leading to discrepancies in compliance evaluations. It also raises questions about how the DOJ plans to enforce these newly laid-out standards while balancing its broader administrative objectives.
Funding Cuts and Their Impact
Earlier this year, the DOJ implemented substantial cuts to funding for crime-victim advocacy programs, including those that support the PREA initiative. While some funds were later restored due to public backlash, these cuts reflect a broader strategy to reallocate resources according to the administration’s priorities, as stated by the DOJ.
Context & Previous Events
The DOJ’s recent policy change marks a continuation of actions by the Trump administration that aim to strip legal protections for transgender individuals. During his presidency, Trump expedited several measures undermining the rights of trans individuals, including an executive order limiting their participation in the military and restricting access to gender-affirming healthcare for minors. These moves have faced considerable opposition in courts and amongst advocacy groups dedicated to LGBTQ rights.
