Introduce Legislation to Protect Transgender and Intersex Prisoners from Sexual Violence

I am writing to urge you to introduce legislation that restores and strengthens protections for transgender and intersex prisoners against sexual violence. The Trump administration has recently removed protections that have been in place for 13 years under the Prison Rape Elimination Act standards, leaving vulnerable inmates at severe risk. According to an internal memo from Tammie M. Gregg, principal deputy director of the Bureau of Justice Assistance, the Department of Justice is eliminating PREA protections for transgender and intersex inmates in alignment with Executive Order 14168. All PREA auditors have been instructed to ignore existing policies on transgender and intersex inmates until standards are formally updated. This directive removes case-by-case placement considerations, requirements that prison officials consider gender identity during searches and communications, and assessments of whether sexual abuse incidents were motivated by gender identity. The Prison Rape Elimination Act, passed by Congress in 2003, was designed to reduce sexual violence in correctional facilities through federal standards and yearly audits. States that fail to comply face a 5% reduction in federal funding for their correctional systems. The Obama administration expanded these protections in 2012 to address issues faced by LGBTQ+ inmates, and these policies remained in place throughout Trump's first administration. Without federal protections, transgender and intersex prisoners face heightened risk of both psychological harm through forced detransition and physical abuse from inmates and guards. Six states have already passed laws completely banning gender-affirming care for inmates, and 19 states have laws restricting transgender bathroom access, with three imposing criminal penalties including jail time. These changes affect not only current inmates but any transgender person who might be arrested in the future. I urge you to introduce legislation that codifies PREA protections for transgender and intersex prisoners, ensuring case-by-case placement decisions, respectful treatment by staff, and proper investigation of sexual violence. These are fundamental human rights protections that should not be subject to administrative whim.