Overview
- An internal Dec. 2 memo from Tammie M. Gregg at the Bureau of Justice Assistance instructs DOJ‑certified PREA auditors to mark LGBTQ‑specific standards as not applicable or to pause compliance determinations during audits.
- The directive applies to audits of federal and state prisons and jails, juvenile detention centers, immigration detention facilities, and community confinement settings.
- PREA standards remain in effect until any revisions are finalized, but the National Association of PREA Coordinators says the memo effectively lets facilities either continue following or ignore those provisions, creating operational confusion.
- Advocacy groups including Just Detention International and the ACLU warn the rollback heightens danger for transgender and intersex people, citing DOJ data showing far higher rates of sexual victimization for these populations.
- The memo ties the planned revisions to the president’s Jan. 20 executive order asserting a binary definition of sex, even as courts have blocked efforts to withhold gender‑affirming care and attorneys warn facilities still face constitutional liability for assaults.