Restore Sexual Abuse Protections for Transgender Detainees and Prisoners

I am writing to urge you to take immediate action to restore critical protections against sexual abuse for transgender people in immigration detention and federal prisons. The Trump administration has eliminated these safeguards through revised guidance at ICE facilities and a Department of Justice memo suspending enforcement of Prison Rape Elimination Act standards for LGBTQ+ people. The data makes clear why these protections are essential. According to a 2014 Obama administration finding, approximately 40% of transgender prisoners reported experiencing sexual abuse in ICE detention facilities, compared to 14% of gay, lesbian, and bisexual prisoners and just 3.1% of non-LGBTQ+ people. This means transgender detainees face sexual abuse at more than twelve times the rate of the general detained population. At least six ICE detention facilities, most run by private prison companies, have stripped away these safeguards since January 5. Facilities in Arizona, New Mexico, Georgia, and Texas have revoked safety measures and halted medical care for transgender prisoners. A CoreCivic facility in Laredo, Texas now has contract language stating "all transgender guidance provided here is hereby rescinded." These changes affect people who, as Bridget Crawford of Immigration Equality notes, often fled their home countries after enduring "incredibly high levels of sexual assault," repeated beatings, and attempted murder. The Prison Rape Elimination Act passed Congress unanimously in 2003 specifically to address high levels of violence against LGBTQ+ people in correctional facilities. The Justice Department's December memo directing auditors to stop tracking compliance with PREA protections for LGBTQ+ people undermines this bipartisan congressional mandate. Linda McFarlane of Just Detention International warns that these changes "will lead to increased chaos and violence inside prisons and jails, placing staff and incarcerated people in greater danger. It will allow rapists to act with impunity." I urge you to introduce or co-sponsor legislation requiring ICE detention facilities and federal prisons to maintain protections against sexual abuse for all detainees regardless of gender identity, and to publicly oppose any further weakening of PREA standards.