"A newly unveiled DOJ memo revises the standards of the 2003 Prison Rape Elimination Act (PREA) in light of the president's January executive order denying any federal recognition of non-cisgender identities. During this revision, the memo says, PREA audits will no longer evaluate jail, prison, and detention center standards to protect LGBTQ+ and intersex people."
"As a result, auditors will no longer review whether trans inmates get housed according to their gender identity nor will they consider whether instances of sexual violence were motivated by victims' LGBTQ+ identities."
"Usually, revisions to federal legislation must go through a formal rule-making process to enact changes, and until that process is completed, federal agents must comply with current federal law. However, the DOJ memo instructs PREA auditors to mark trans-related standards as "not applicable" during the revision process (possibly violating federal law)."
A DOJ memo instructs revising PREA standards after the president's January executive order that denies federal recognition of non-cisgender identities. The memo directs PREA audits to stop evaluating jail, prison, and detention center protections for LGBTQ+ and intersex people. Auditors will no longer review whether trans inmates are housed according to gender identity or whether sexual violence was motivated by victims' LGBTQ+ identities. PREA audits are among the few federal mechanisms to ensure detention facilities follow rules to prevent rape, harassment, and retaliation. The memo advises marking trans-related standards as "not applicable," while PREA coordinators say facilities may choose to follow or ignore trans-inclusive rules.
Read at LGBTQ Nation
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