Oppose DOJ Directive Eliminating LGBTQ+ Protections Under Prison Rape Elimination Act

I am writing to urge you to take immediate action against the Department of Justice directive issued on Tuesday by Tammie Gregg, principal deputy director of the Bureau of Justice Assistance, which eliminates protections for LGBTQ+ people under the Prison Rape Elimination Act. This directive instructs correctional facilities to stop enforcing standards that shield LGBTQ+ incarcerated individuals from harassment, abuse and rape, and orders inspectors to cease auditing facilities for compliance. The Prison Rape Elimination Act was passed unanimously by Congress in 2003 specifically because LGBTQ+ people face disproportionately high levels of sexual violence in correctional facilities. The regulations being eliminated include critical protections such as screening transgender, intersex and gender-nonconforming people for risk of victimization, preventing discriminatory pat searches and invasive genital examinations, and requiring investigations to consider whether perpetrators were motivated by a victim's LGBTQ+ status. Linda McFarlane, executive director of Just Detention International, stated that she has never met a trans person in detention who has not experienced sexual abuse or harassment while incarcerated. Even with these protections in place, incarcerated trans people have struggled with abuse. Removing these safeguards will lead to increased violence and allow rapists to act with impunity. This directive contradicts federal law. As attorney Kara Janssen noted, it puts facilities in an impossible position by telling them not to comply with their own laws. Constitutional protections against cruel and unusual punishment remain in effect, and facilities will face liability when people are assaulted as a result of these changes. I ask that you publicly oppose this directive, demand that the Department of Justice restore full enforcement of Prison Rape Elimination Act protections, and use your oversight authority to ensure correctional facilities continue following the law. LGBTQ+ incarcerated people deserve safety and dignity, and Congress passed Prea unanimously to provide exactly that protection.