A December 2nd DOJ memo seeks to undercut administrative enforcement of the 2003 Prison Rape Elimination Act as it pertains to protection of trans and intersex prisoners. Although passed by Congress, the act leaves it up to administrative agencies to develop their own standards for its implementation, which are often lax at best.
Under the DOJ memo, trans and intersex prisoners are no longer to be given protective housing assignments or any other special consideration in assessment of their vulnerability to sexual assault. This may also remove their ability to shower separately from other prisoners. A 2024 survey of 300 trans prisoners reported that over half had experienced sexual assault during their present incarceration.
