Washington, DC (Jan 22, 2025) – The National Association of Criminal Defense Lawyers (NACDL) and the NACDL Foundation for Criminal Justice (NFCJ) strongly condemn the recent executive order directing federal prisons to house transgender women in men’s facilities. This order also dangerously removes crucial anti-rape protections for transgender individuals within the federal prison system by instructing the federal government to remove protections for transgender people from Prison Rape Elimination Act (PREA) guidelines under Part 115.41 of title 28, Code of Federal Regulations.
“This order endangers the lives of transgender individuals and undermines the fundamental principles of human dignity and the rule of law,” stated Lindsay Lewis, co-chair of the Women in Criminal Defense Committee of NACDL, an NACDL Board Member, and a partner with Dratel & Lewis in New York. “This cruel, inhumane order creates an even more dangerous and discriminatory environment within federal prisons by removing even the pretense that these individuals will be given safe housing, appropriate healthcare, and crucial anti-rape protections. A February report by the Vera Institute of Justice and Black and Pink National has already confirmed that transgender prisoners face high levels of violence and sexual assault. Key findings included that 31% of surveyed trans prisoners cited violence from other inmates as their primary safety concern, and more than 50% reported experiencing sexual assault during their current incarceration. This data highlights the severe safety and security risks faced by transgender individuals within the prison system.”
Sonya Pfeiffer, co-chair of the Women in Criminal Defense Committee, a Trustee on the NACDL Foundation for Criminal Justice Board of Trustees, and a partner with Pfeiffer Rudolf in Charlotte, North Carolina, emphasized the urgent need to protect transgender individuals from violence and discrimination within the carceral system. “The national defense bar emphasizes the urgent need to protect transgender individuals from violence and discrimination within the carceral system,” stated Pfeiffer. “This order is in contravention of the Universal Declaration of Human Rights, Article I of the United Nations founding charter, and puts transgender individuals at an increased risk of sexual assault, physical violence, and psychological harm. It evinces a blatant disregard for their safety and well-being. We must uphold the principles of human dignity and ensure that all individuals, regardless of their gender identity, are treated with respect and afforded basic respect and protections that everyone deserves.”
Contacts
Jonathan Hutson, NACDL Senior Director of Public Affairs and Communications, 202-480-5343 or jhutson@nacdl.org
The National Association of Criminal Defense Lawyers is the preeminent organization advancing the mission of the criminal defense bar to ensure justice and due process for persons accused of crime or wrongdoing. A professional bar association founded in 1958, NACDL's many thousands of direct members in 28 countries – and 90 state, provincial and local affiliate organizations totaling up to 40,000 attorneys – include private criminal defense lawyers, public defenders, military defense counsel, law professors and judges committed to preserving fairness and promoting a rational and humane criminal legal system.
