Justice Department Directs Halt To Enforcement Of Certain LGBTQ+ Protections Under PREA
The U.S. Department of Justice has issued a memo directing that prisons and jails no longer be held accountable, effective immediately, for specific Prison Rape Elimination Act (PREA) protections designed to shield LGBTQ+ people from sexual abuse, harassment and discriminatory searches. The memo, circulated by Tammie Gregg, principal deputy director of the Bureau of Justice Assistance, also instructs PREA auditors to stop evaluating facilities for compliance with those protections while the department pursues formal revisions.
What The Memo Changes
Gregg’s guidance says the DOJ is updating PREA standards to align enforcement with President Donald Trump’s executive order on “restoring biological truth.” The affected PREA provisions include rules that require screening individuals—especially transgender, intersex and gender-nonconforming people—for their risk of victimization when officials assign housing, protections against discriminatory pat-downs and invasive genital examinations, standards for respectful staff communication, and requirements that investigators consider whether a sexual assault was motivated by a victim’s LGBTQ+ status.
“The proposed revisions to the PREA standards will lead to increased chaos and violence inside prisons and jails, placing staff and incarcerated people in greater danger,” said Linda McFarlane, executive director of Just Detention International. “It will allow rapists to act with impunity.”
Reactions From Advocates, Lawyers And Auditors
Human rights groups, civil liberties lawyers and PREA trainers sharply criticized the directive. Advocates say removing federal enforcement of these protections eliminates a critical oversight mechanism that correctional institutions have relied on for more than a decade, and that the change will heighten risk for already vulnerable incarcerated people—particularly transgender women and gender-nonconforming people.
Attorneys who have litigated on behalf of incarcerated trans people called the memo dangerous and confusing for facility leaders. They emphasized that constitutional protections against cruel and unusual punishment still apply and that facilities remain liable if assaults occur as a result of policy changes.
At least one court has blocked parts of the executive order in litigation, and some trans women who were moved between facilities have been ordered returned to placements consistent with court rulings. Still, advocates say many people in custody remain housed in facilities that do not align with their gender identity and are therefore at increased risk.
What’s Next
The DOJ says it is formally updating PREA standards to reflect the administration’s policies. In the meantime, PREA remains the federal law passed unanimously by Congress in 2003 that calls for screening and protections meant to reduce sexual violence in custody. Civil rights groups urge correctional institutions to continue honoring PREA best practices despite the directive and warn that ignoring protections may lead to legal exposure and greater harm inside facilities.
Department Response: The Department of Justice and the Bureau of Prisons did not immediately respond to requests for comment. Advocates and legal experts continue to monitor the effect of the memo on audits, institutional practices and the safety of incarcerated LGBTQ+ people.
