The U.S. Department of Justice (DoJ) has announced an immediate suspension of several federal regulations aimed at safeguarding trans and intersex prisoners from sexual assault and rape, according to a memo obtained by the non-profit news outlet Prism. The memo, authored by DoJ official Tammie M. Gregg, instructs prison auditors nationwide to pause compliance determinations for key safety rules concerning LGBTQI+ inmates and to disregard these regulations.

The suspended regulations include provisions that require trans and intersex prisoners to have access to separate shower facilities, prohibit body searches solely to determine genital status, and mandate that prison staff consider the safety of these individuals when assigning them to male or female housing units. Some of the suspended clauses also apply to all LGBT+ individuals and extend to juvenile facilities, halfway houses, rehabilitation centers, and mental health facilities.

Gregg indicated that these changes are intended as a temporary measure while the Trump administration revises the regulations to align with an executive order issued by former President Donald Trump, which mandates that trans individuals be recognized solely by their birth sex under U.S. law. If implemented, the memo would effectively suspend numerous protections established under the 2003 Prison Rape Elimination Act (PREA) for trans and intersex individuals, who are statistically at a higher risk of experiencing sexual violence in prison.

The DoJ has not publicly commented on the leaked memo, which has been corroborated by NPR. Critics, including Linda McFarlane, executive director of the non-profit organization Just Detention, have expressed concern that these changes could facilitate sexual assaults against already vulnerable incarcerated populations, including children. McFarlane stated that the revisions are causing confusion among prison leaders who have worked for over a decade to implement effective measures to prevent prisoner rape.

Gillian Branstetter from the American Civil Liberties Union (ACLU) remarked that the decision to disregard the Prison Rape Elimination Act undermines efforts to eliminate sexual violence in correctional facilities. The memo was reportedly distributed to DoJ-certified PREA auditors, who are responsible for evaluating compliance with the law.

PREA was passed unanimously by Congress in 2003 and was updated in 2012 under the Obama administration to include specific protections for LGBT+ individuals. The memo claims that certain protections conflict with Trump's executive order but does not provide clarification on these conflicts. It instructs auditors to cease assessing compliance with specific clauses and to disregard relevant documentation.

Among the regulations suspended is one that requires facilities to train staff on respectful and minimally intrusive searches of trans and intersex individuals. Another mandates that staff consider the health and safety of trans or intersex prisoners when determining housing assignments. The memo also suspends a rule that prevents juvenile facility staff from using a prisoner's trans or intersex status as an indicator of potential sexual abuse.

Legal experts have noted that while the memo creates uncertainty regarding compliance with PREA, the standards established by the Obama administration remain legally enforceable. The National Association of PREA Coordinators has stated that the DoJ's memo allows facilities to either continue following existing regulations or to ignore them, thereby enabling local authorities to determine how best to address the needs of trans prisoners.