U.S. Immigration and Customs Enforcement (ICE) issued new guidance on Monday requiring officials to ensure they provide a safe and caring detention experience for transgender detainees.
The guidance allows immigrants detained by ICE to say whether they are “male, female, intersex or unknown.”
The 18-page document requires ICE officers to try to identify transgender immigrants and ensure they are appropriately housed in light of their gender identity. The rules are to be carried out by ICE’s Removal Operations division, or ERO.
“ICE ERO will provide a respectful, safe, and secure environment for all detainees, including those individuals who identify as transgender,” it said.
“Discrimination or harassment of any kind based on a detainee’s actual or perceived sexual orientation or gender identity is strictly prohibited,” it said. “Moreover, ICE ERO reaffirms its commitment to provide effective safeguards against sexual abuse and assault for individuals detained in ERO custody.”
Thomas Homan, executive assistant director of ERO, said the goal is to make sure ICE officials “have the tools and resources available to learn more about how to interact with transgender individuals and ensure effective standards exist to house and care for them throughout the custody cycle.”
Under the guidance, officials must ask immigrants if they are transgender. It offers a proposed script for asking this question.
“Do you wish to disclose your gender identity (please note you are not required to disclose information about your gender identity which you are not comfortable sharing)?” it said.
ICE officers can’t punish detainees if they don’t answer, but if they say they are transgender, ICE must ensure they are properly housed. ICE officials will be trained to deal with these issues, and medical caregivers will have to be available to help transgender detainees.
ICE will also be tasked with considering how to properly clothe and conduct searches of transgender people.
Read the guidance here:
