Federal Lawsuit Challenges DOJ Memo Suspending Transgender Prison Protections

On Wednesday, the National Center for LGBTQ Rights filed Poe v. U.S. Department of Justice in federal court in Washington, D.C. on behalf of Paulina Poe, a transgender woman housed in a men’s federal prison. The complaint targets a December 2025 Justice Department memorandum that instructed prisons and PREA auditors to ignore portions of the Prison Rape Elimination Act (PREA) regulations that specifically protect transgender inmates. The suit alleges the memo directs facilities to “disregard” those protections and bypasses the Administrative Procedure Act, which governs how agencies may amend or rescind regulations.

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Congress passed the bipartisan PREA in 2003, mandating national standards to prevent sexual abuse in correctional settings. Regulations finalized in 2012 explicitly recognized transgender people as a vulnerable population. The 1994 Supreme Court decision Farmer v. Brennan held that prison officials can be liable for knowingly exposing inmates to serious danger. In his first day back in office, President Donald Trump issued Executive Order 14168, directing agencies to recognize only sex assigned at birth and ordering the Bureau of Prisons to transfer transgender women to men’s facilities and to end gender-affirming medical care for incarcerated trans people.

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• Paulina Poe – transgender woman incarcerated in a men’s federal prison, plaintiff.

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• National Center for LGBTQ Rights (NCLR) – civil-rights organization filing the suit.

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• Shannon Minter – NCLR legal director, primary spokesperson in the filing.

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• U.S. Department of Justice – issued the contested memorandum.

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• President Donald Trump – signed Executive Order 14168 shaping the policy environment.

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The complaint cites research indicating transgender inmates are approximately ten times more likely to experience sexual violence than other prisoners. The PREA Resource Center classifies transgender status as a known risk factor and requires case-by-case housing decisions, separate shower access, and bans invasive searches solely to determine genital anatomy.

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If upheld, the memo could remove the only federal safeguard that obliges prisons to assess individual safety needs for transgender people, potentially increasing assault risk and undermining decades of PREA enforcement. The outcome will also clarify the limits of executive authority to suspend existing regulations without formal rulemaking.

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The plaintiffs argue the memorandum is unlawful because it circumvents the Administrative Procedure Act’s required notice-and-comment process. Federal judges in Washington, D.C. have already temporarily blocked related transfers and restrictions on gender-affirming care, signaling judicial skepticism of the administration’s approach. The Justice Department has not issued a public response within the sources.

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NCLR contends the administration’s actions represent a systematic effort to erase federal recognition of transgender people, noting the memo “just act as though these don’t exist.” Critics argue that ignoring established protections disregards the heightened vulnerability of transgender inmates and contravenes established legal precedent.

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The sources provide no direct statement from the DOJ regarding the memo’s legality or implementation. Details on how many facilities have altered practices in response remain unspecified, leaving the actual scope of compliance unclear.

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• “One thing we really haven’t conveyed, but that is important, is how longstanding and well-established these protections are for incarcerated transgender people,” — Shannon Minter, NCLR legal director

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• “It’s no accident that it was a transgender plaintiff who brought that suit because transgender people are, as we know, 10 times more likely to experience sexual violence in prison,” — Shannon Minter, NCLR legal director

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• “Trump ordered DOJ to go through the official process of amending those regulations to wipe out any mention of transgender people and to wipe out any protection for transgender people,” — Shannon Minter, NCLR legal director

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• “just sent a memo to all federal prisons saying, ‘Just act as though these don’t exist.’” — Justice Department memo (as described by Minter)

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• “Most transgender women are not in women’s facilities, and the PREA protections are so important for them because they are just so vulnerable,” — Shannon Minter, NCLR legal director

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• “You can’t just bypass the required process for a federal regulation that’s on the books.” — Shannon Minter, NCLR legal director

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The district court will consider whether to invalidate the memorandum and restore nationwide PREA enforcement for transgender inmates. A ruling could set precedent on the executive branch’s ability to suspend existing regulations without formal rulemaking, influencing future policies affecting transgender individuals in federal custody.

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