• Racial & Economic Justice > Criminalization & Incarceration

Transgender people in prison are sexually abused or assaulted at nearly 10x the rate of the general prison population; federal laws were put in place more than a decade ago to address sexual abuse

WASHINGTON, D.C. — A transgender woman filed a federal lawsuit today against the U.S. Department of Justice, challenging a December 2025 DOJ memorandum that unilaterally suspended longstanding federal regulations protecting incarcerated transgender people from sexual abuse. The complaint, filed in the U.S. District Court for the District of Columbia, asks the court to set aside the memorandum as procedurally invalid under the Administrative Procedure Act (APA).

The lawsuit asserts a fundamental principle: the federal government cannot ignore the law. Under the APA, duly promulgated regulations cannot be wiped out or contradicted by an internal memo. Substantive rule changes require public notice and an opportunity for comment. DOJ unlawfully skipped that process entirely.

Federal government data show that transgender people in prison are sexually abused or assaulted at nearly 10 times the rate of the general prison population. Multiple peer-reviewed and government studies have found that more than half of transgender women housed in men’s facilities have been sexually assaulted while incarcerated — many of them repeatedly. The suspended regulations were designed precisely to address this documented, disproportionate risk.

“The question is not whether these women will be sexually assaulted without these important protections put in place more than a decade ago by Congress—they will—the question is how many times,” said National Center for LGBTQ Rights Senior Staff Attorney Amy Whelan. “The Trump administration cannot issue a memo on a whim gutting these protections. They, like anyone else, must follow the law.”

The plaintiff, Paulina Poe, is a transgender woman who is currently incarcerated. She has been propositioned, groped, sexually harassed, and assaulted by men in her facility, and has been strip-searched by male officers — experiences the Prison Rape Elimination Act regulations were designed to prevent. She is not asking for special treatment. She is asking for the protections Congress determined more than a decade ago that every incarcerated person deserves.

“The federal government’s unlawful attempt to roll back binding Prison Rape Elimination Act regulations is an especially dangerous step in its ongoing campaign to strip transgender people of legal protections. The targeting of transgender incarcerated people is a deliberate choice to put vulnerable people in harm’s way simply because of who they are. The administration must be held accountable for this egregious and lawless action,” said GLAD Law Staff Attorney Sarah Austin.

The Government Must Follow the Law

On January 20, 2025, the President issued Executive Order 14168, which directed DOJ to amend the regulations implementing the Prison Rape Elimination Act (PREA) to align with the administration’s policy on transgender people. DOJ never amended the regulations as directed. Instead, on December 2, 2025, the agency issued a memorandum to PREA-certified auditors stating that, “effective immediately,” correctional facilities would no longer be held to any PREA regulation that references transgender individuals.

The memorandum itself acknowledged that the underlying regulations had not been legally changed. It nonetheless instructed auditors to advise facilities to disregard those rules, to refrain from making compliance determinations on them, and to release facilities from any ongoing corrective action. The complaint asserts this is not how rulemaking works under federal law: an executive order is not a license to disregard binding regulations or to rescind them without the public notice and comment the APA requires.

What the Prison Rape Elimination Act Regulations Actually Do

Congress passed the Prison Rape Elimination Act (PREA) unanimously in 2003 to establish a zero-tolerance standard for sexual abuse in U.S. prisons and jails. After nine years of research, study by a bipartisan national commission, and extensive notice-and-comment rulemaking, DOJ promulgated the implementing regulations in 2012. Among the protections the suspended provisions provide:

• Mandatory screening of incarcerated people, including for transgender status, to assess risk of sexual victimization.
• Individualized, case-by-case housing decisions — including whether to assign a transgender person to a male or female facility — that consider the person’s health and safety as well as any management or security concerns.
• The opportunity for transgender people to shower separately.
• A prohibition on searches or physical examinations conducted for the sole purpose of determining a person’s genital status.
• Staff training on professional, respectful, and least-intrusive search and communication practices.

These are vital safeguards developed for a population at proven, extreme risk of violent assault behind bars.

What the Lawsuit Asks For

The complaint asks the court to:

• Declare DOJ’s December 2, 2025, memorandum unlawful as final agency action issued without the notice-and-comment rulemaking required by the APA.
• Stay implementation of the memorandum and restore the PREA regulations to full force while the case proceeds.
• Permanently enjoin enforcement of the memorandum and require DOJ to notify all correctional facilities subject to PREA that the regulations remain binding.

The plaintiff is represented by attorneys at the National Center for LGBTQ Rights, GLBTQ Legal Advocates & Defenders (GLAD Law), Lowenstein Sandler LLP, and Wardenski P.C.

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The National Center for LGBTQ Rights (NCLR)is a national legal organization committed to advancing the human and civil rights of the lesbian, gay, bisexual, transgender, and queer community through litigation, public policy advocacy, and public education. Since its founding, NCLR has maintained a longstanding commitment to racial and economic justice and the LGBTQ community’s most vulnerable. www.nclrights.org

GLAD Law (GLBTQ Legal Advocates & Defenders) has been a leading force in LGBTQ+ rights for nearly 50 years. With deep roots in New England and impact nationwide, we use strategic litigation, legislation, and public education to fight discrimination based on gender identity, sexual orientation, and HIV status. GLAD Law’s bold strategy and precedent-setting victories have reshaped the legal landscape, advancing equality for all people facing discrimination and social barriers. www.gladlaw.org

Lowenstein Sandler LLP is a national law firm with around 400 lawyers based in New York, Palo Alto, Roseland, Salt Lake City, San Francisco, Washington, D.C., and Wilmington. The firm represents leaders in virtually every sector of the global economy, with particular emphasis on investment funds, life sciences, and technology. Recognized for its entrepreneurial spirit and high standard of client service, the firm is committed to the interests of its clients, colleagues, and communities.  

Wardenski P.C. is a civil rights law firm with offices in New York City and Washington, DC. The firm represents individuals and organizations around the country in lawsuits challenging discrimination in schools, housing, health care, and public accommodations, with a focus on advancing and protecting the rights of the LGBTQ+ community.