The U.S. Department of Justice has instructed certified prison auditors to pause the enforcement of LGBTQ specific safety standards, including long-standing protections for transgender, intersex, and gender-nonconforming inmates. The internal memo, reported by NPR, signals a major shift in how federal facilities will be evaluated for compliance with the Prison Rape Elimination Act, commonly known as PREA.
Under previous guidance, auditors were required to assess whether prisons were housing transgender inmates on a case-by-case basis that considered gender identity, vulnerability, and personal safety. They were also required to document whether sexual assaults or harassment inside facilities were motivated by bias against a person’s gender identity. These sections will now be marked “not applicable” until the DOJ completes its review and issues new regulations.
The move follows Executive Order 14168 issued earlier this year, which directed federal agencies to restrict the recognition of gender identity in government policy. The executive order instructed prisons to use sex assigned at birth for housing decisions and facility access. It also barred the use of federal funds for gender-affirming care inside correctional settings. The DOJ memo represents one of the first major shifts in compliance procedures connected to the order.
Advocacy groups warn that the decision puts transgender prisoners at greater risk. Just Detention International, an organization that works to end sexual abuse in detention, said the change will make facilities less safe for people who already face higher rates of violence. Research has consistently shown that LGBTQ inmates, and transgender women in particular, experience significantly elevated rates of harassment, assault, and placement in isolated housing.
Although current federal regulations still technically require prisons to evaluate each transgender inmate individually, advocates fear these standards will be ignored without mandatory audits. Historically, compliance has varied widely across states and facilities. Without audits, there are fewer mechanisms to hold prisons accountable when they fail to protect vulnerable populations.
Legal experts note that the rollback undermines the intent of PREA, which was created to protect all incarcerated people, especially those at the highest risk of abuse. Several facilities have long resisted implementing transgender-inclusive standards, and many civil rights groups worry the memo will encourage even broader noncompliance.
The changes also arrive during a period of legal uncertainty. Federal courts have blocked several parts of the administration’s executive order, including restrictions on medically necessary hormone therapy and attempts to require transgender women to be housed in men’s facilities. The suspension of audit requirements adds another layer of confusion for both incarcerated people and administrators who must interpret conflicting signals from courts and federal agencies.
For transgender prisoners, the memo represents more than a policy review. It represents a shift in the fragile protections that offered some measure of safety in an environment where abuse is already common. Families and advocates are urging the DOJ to restore full oversight and to reaffirm that the safety and dignity of incarcerated LGBTQ people remain a federal priority.
As the DOJ reviews its policies, thousands of transgender inmates are left waiting to learn whether the protections they relied on will remain in place or quietly disappear.
