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5h ago

DOJ Memo Tells Prison Auditors to Suspend LGBTQ PREA Safeguards During Rule Rewrite

The move creates an oversight gap that advocates say heightens danger for transgender and intersex people in custody.

Donald Trump signs executive orders in the Oval Office of the White House in Washington, D.C., on January 20, 2025. A Department of Justice memo dated December 2, 2025, says certain standards under the Prison Rape Elimination Act do not align with an anti-trans executive order that Trump signed on January 20.
Trans prisoners are significantly more likely to be sexually abused. (Getty)
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Overview

  • An internal directive obtained by NPR instructs PREA auditors to mark standards tailored to protect transgender, intersex and gender-nonconforming people as not applicable during audits.
  • Justice Department officials say the revisions seek to align auditing practices with President Trump's Jan. 20 executive order recognizing only two sexes.
  • Targeted provisions include risk screenings, case-by-case housing decisions, and considering gender-identity bias in incident reviews, with additional changes flagged for searches, shower access and staff training.
  • The National Association of PREA Coordinators says the existing regulations technically remain in effect, leaving agencies free to keep following them or to set them aside under the memo.
  • Advocates and PREA professionals warn of increased risk and operational confusion for facilities, citing data showing LGBTQ prisoners suffer far higher rates of sexual victimization.