NAPD Public Resources

The National Association for Public Defense (NAPD) has issued a statement in response to a recent memo from the U.S. Department of Justice (DOJ) which directs inspectors to stop evaluating prisons for compliance with standards that protect transgender, intersex, and gender-nonconforming individuals. This decision aligns with President Trump's Executive Order on 'gender ideology extremism' and has been condemned by the NAPD as a significant threat to the safety and rights of LGBTQIA incarcerated individuals. The statement emphasizes the constitutional obligation to protect all individuals in custody from cruel and unusual punishment, particularly highlighting the heightened risks faced by transgender and intersex individuals in correctional facilities, where they experience disproportionately high rates of sexual violence and abuse. The NAPD argues that the DOJ's directive undermines the protections established by the Prison Rape Elimination Act (PREA), which was designed to prevent sexual violence in prisons. The absence of PREA standards, which include specific protections for transgender and intersex individuals, poses a serious risk to their safety and well-being. The NAPD calls for the immediate rescindment of the DOJ's order, asserting that it tacitly endorses the ongoing victimization of vulnerable populations within the criminal justice system. The statement serves as a rallying cry for advocates to uphold the rights and dignity of all incarcerated individuals, particularly those who are most at risk.