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    NAPD Blog Posts December 10, 2025

    When The Prison Rape Elimination Act Stops Applying To Trans People: Critical Info For Advocates

    From the NAPD Team

    Written by kp.friess

    What Just Happened

    On December 4, 2025, NPR reportedly obtained an internal DOJ memo instructing inspectors to cease evaluating prisons and jails in the US on adherence to Prison Rape Elimination Act (PREA) standards that specifically address the needs of transgender, intersex, and gender-nonconforming incarcerated people, in order to align with President Trump’s Executive Order on “gender ideology extremism.” On December 10th 2025, NAPD released a statement strongly opposing this unconstitutional instruction and demanding its reversal. 

    Why We Oppose It

    Transgender, intersex, and gender-nonconforming incarcerated people experience unconscionably high levels of sexual violence in US jails and prisons, even as compared to the already elevated levels of sexual violence in the general prison population. Removing any enforcement or oversight of these specific standards is tacit approval for increased sexual violence against LGBTQIA incarcerated people and a blatant violation of their Eighth Amendment constitutional rights. 

    The PREA standards which specifically address the needs of transgender, intersex, and gender-nonconforming people are summarized below: 

    • § 115.15(a) No cross-gender strip searches or cross-gender visual body cavity searches (meaning a search of the anal or genital opening) except in exigent circumstances or when performed by medical practitioners.
    • § 115.15(e): No physical examinations or searches specifically for the purpose of determining someone’s genitals
    • § 115.15(f): Searches of transgender incarcerated people must be conducted professionally and respectfully in the least intrusive manner possible consistent with security needs
    • § 115.31(a)(9): Agencies shall train employees on how to communicate effectively and professionally with incarcerated people, including lesbian, gay, bisexual, transgender, intersex, or gender nonconforming people
    • § 115.41(d)(7): Whether the incarcerated person is or is perceived to be gay, lesbian, bisexual, transgender, intersex, or gender nonconforming shall be included as a factor when screening for their risk of sexual abuse during intake or facility transfers
    • § 115.42(c): In deciding whether to assign a transgender or intersex incarcerated person to a facility for male or female inmates, and in making other housing and programming assignments, the agency shall consider on a case-by-case basis whether a placement would ensure the person’s health and safety, and whether the placement would present management or security problems.
    • § 115.42(d): Placement and programming assignments for each transgender or intersex person shall be reassessed at least twice each year to review any threats to safety experienced by that individual. 
    • § 115.42(e): A transgender or intersex incarcerated person’s own views with respect to their own safety shall be given serious consideration.
    • § 115.42(f): Transgender and intersex incarcerated people shall be given the opportunity to shower separately from others.
    • § 115.42(g): The agency shall not place lesbian, gay, bisexual, transgender, or intersex people in dedicated facilities, units, or wings solely on the basis of such identification or status, unless such placement is in a dedicated facility, unit, or wing established in connection with a consent decree, legal settlement, or legal judgment for the purpose of protecting such people.
    • § 115.86(d)(2): In reviewing sexual abuse incidents, the review team shall consider whether the incident or allegation was motivated by race; ethnicity; gender identity; lesbian, gay, bisexual, transgender, or intersex identification, status, or perceived status; or gang affiliation; or was motivated or otherwise caused by other group dynamics at the facility;

    What You Can Do

    • Read & Share Our Press Release – Help us share our opposition to this move by the DOJ far and wide, and encourage other legal professionals and organizations to speak out as well. 
    • Remember Your Duty – As a public defender, you have an obligation to protect the constitutional rights of your clients at every stage of the criminal legal system – and that includes their right to be free from cruel and unusual punishment in a prison system which systematically subjects trans prisoners to sexual violence. 
    • Gain LGBTQIA Competency – As prisons and jails become more hostile toward LGBTQIA people than ever before, now is not the time to still be struggling with your clients’ name and pronouns. Look up LGBTQIA 101 resources, know your clients’ preferences for being addressed privately and publicly in court and prison settings, practice referring to your client correctly, and try to broaden your understanding of their unique positionality in the criminal justice system. We’ve included some resources below:
    • Communicate With Your Incarcerated LGBTQIA Clients – If you have incarcerated LGBTQIA clients, check in with them regularly about their needs and circumstances, line up resources and support where appropriate, advocate for transfers at your clients’ request, and know what they would want from you in an emergency. Further, advocate for them in the courts in alignment with their own wishes with regard to the unique and pervasive dangers involved in being LGBTQIA in prison in our current political era. 
    • Know The Facts & Repeat Them – Knowledge is power and sharing that knowledge with those around you is a key part of growing vocal opposition to these inhumane rollbacks on behalf of incarcerated LGBTQIA people. We included some stats on sexual violence against trans prisoners in our public statement, but you can read more below:
    • Support The Work Of LGBTQIA Prisoner Advocates – Organizations like Black & Pink, Sylvia Rivera Law Project, Transgender Law Center, Advocates For Trans Equality (Formerly The National Center for Transgender Equality), and the Transgender, Gender Variant, and Intersex Justice Project are working directly every day to address the needs of incarcerated LGBTQIA people and advocate for their humanity. Familiarize yourself with the resources and services they offer to your LGBTQIA clients and support their continued work. They need your awareness, your donations, and your signal boost to further their impact!