This article examines how the Prison Rape Elimination Act helps Lesbian, Gay, bisexual and transgendered (LGBT) immigrants in detention.
Findings suggest that while DHS's Prison Rape Elimination Act standards are a an overall positive step forward to improve conditions for detained LGBT immigrants, standards are only as effective as their implementation. It remains to be seen how effective these standards will be, especially in the case of contract facilities. Furthermore, while the PREA standards are a good first step, additional measures are still needed to protect LGBT immigrants in DHS custody from sexual abuse. In order to effectively protect these individuals, they should be released or placed in alternatives to detention whenever possible. Detention should be limited to circumstances in which it is mandatory under the law, not circumstances in which facilities want to fulfill congressional quotas. Endnotes