Injustice Happening Inside the Department of Justice
The Prison Rape Elimination Act, known as PREA, was created to prevent sexual violence inside prisons and detention centers and is upheld by justice workers—the places where people are entirely dependent on the state and those workers for their safety. For more than a decade, PREA standards have required facilities to identify inmates at high risk of sexual victimization, make housing decisions based on safety rather than anatomy alone, limit the use of solitary confinement as so-called “protection,” and train staff to prevent and respond to abuse. These protections were not symbolic. They were designed to save lives.
Under the Trump administration, those protections are being quietly hollowed out. Rather than repealing PREA outright, the Department of Justice has instructed prison auditors to stop enforcing PREA standards that protect transgender, intersex, and gender-nonconforming inmates. The administration has made no public announcement, offered no press briefing, and issued no explanation to the people affected. There has been no transparency—only silence. When protections disappear without public acknowledgment, it raises serious questions about the integrity of governance itself.
This change disproportionately impacts LGBTQ+ people in custody, particularly transgender women. PREA standards required prisons to assess risk and placement on a case-by-case basis, prioritizing safety over biological sex alone. That mattered—especially for trans people who are visibly or socially perceived as women and face heightened risk in men’s facilities. Removing enforcement of these standards strips away one of the few safeguards meant to prevent sexual violence in environments already plagued by abuse.
The Department of Justice has justified this move by citing a broad executive order signed by President Trump early in his second term. That order directs federal agencies to define sex as biological and binary, reject gender identity as a basis for federal policy, and review or revise any rules that rely on gender identity. In complying with that directive, the Department of Justice has chosen alignment with ideology over the safety of people in its custody.
While PREA still exists on paper, enforcement is what gives the law meaning. When auditors are told to ignore certain protections, facilities are no longer held accountable—and vulnerable inmates are left exposed. Advocates warn that this creates real, immediate danger inside prison walls, where violence is not hypothetical and help is often out of reach.
No one deserves to be subjected to sexual violence—not as punishment, not as policy, and not through bureaucratic neglect. The quiet dismantling of PREA protections reflects a broader pattern: rights removed not through open debate, but through silence. When the government chooses not to speak, it is often because it does not want the public to look too closely.
That should concern all of us.
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