The US Department of Justice has moved to eliminate rules protecting LGBTQ+ people from sexual abuse in prisons, a shift advocates say is “reckless and dangerous” and will lead to increased assaults behind bars.
A justice department memo issued on Tuesday said “effective immediately”, prisons and jails will no longer be held responsible for violations of standards meant to shield LGBTQ+ people from harassment, abuse and rape. It also directed inspectors to stop auditing facilities for compliance with those protections. The justice department is in the process of seeking formal updates to the rules, the memo said.
The directive relates to regulations under the Prison Rape Elimination Act (Prea), a longstanding federal law which says incarcerated people should be screened for their risk of facing sexual assault when officials place them in housing and that assessments must consider LGBTQ+ status.
Prea, passed unanimously by Congress in 2003, includes standards aimed at addressing the high levels of violence that transgender, gender-nonconforming and queer people face in jails and prisons across the US. Prea applies to all correctional facilities.