DOJ Sued Over Memo Suspending Transgender Prisoner Protections Under PREA
A transgender woman in federal prison has sued the U.S. Department of Justice, arguing the agency unlawfully suspended federal sexual-abuse protections for transgender incarcerated people.
Paulina Poe filed the lawsuit May 6 in federal court in Washington, D.C. The complaint challenges a December 2025 DOJ memorandum that allegedly told Prison Rape Elimination Act auditors that facilities would no longer be held to PREA regulations referencing transgender, intersex, or gender-nonconforming prisoners.
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The case is framed as an Administrative Procedure Act challenge. Poe argues DOJ cannot effectively set aside binding regulations through a memo without going through required rulemaking.
The practical stakes are prison safety and federal oversight. PREA rules require individualized safety assessments for transgender and intersex inmates, serious consideration of their own safety concerns, and separate shower access.
The lawsuit adds another front to the national fight over transgender prisoners under Trump administration policy.
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