Government agrees to house immigrants based on gender preference

LGBT advocates insist transgender immigrants need alternative options to federal detention, similar to those offered to pregnant women, children, and the severely disabled.

“In practice, this could become a double standard for transgender individuals,” Jessica Vaughn of the Center for Immigration Studies told me via email. She said segregating transgendered people from detention centers is not only unprecedented, but could lead to trouble.

The office of Immigration Customs and Enforcement (ICE) detains more than 31,000 illegal immigrants per year. Of those, an estimated 60 identify as transgender. Even with such a small minority, advocates insist it is too dangerous to continue current protocol.

“There are certain populations of people for whom detention isn’t just unpleasant, but it’s dangerous,” said Aaron Morris, legal director for Immigration Equality. He said there is no safe option for detaining transgendered immigrants because they are 13 times more likely to be sexually assaulted while awaiting a court date.

Last week, 35 U.S lawmakers endorsed a letter to Department of Homeland Security Secretary Jeh Johnson, written by Reps. Mike Honda, D-Calif., and Raúl Grijalva, D-Ariz., demanding transgender immigrants not be detained, because 1 in 3 will be sexually abused within 12 months.

In response, ICE released on Monday a memorandum updating current procedure for transgender detainees. In the future, officers will ask detainees what gender they identify with, rather than just what they are biologically. Housing assignments will correlate with identity, not biology.

“To me that is a complete invasion of and a danger to the privacy and security of the people in those facilities,” said Hans von Spakovsky, a senior legal fellow at the Heritage Foundation. He said most women would have a problem sharing shower facilities with a man who identifies as a woman.

Spakovsky noted America’s detention centers are extremely high quality and security is very good. He said it’s a waste of time to focus on an issue that affects so few of people.

“This is typical of the Obama administration,” Spakovsky said. “They seem to be completely and totally obsessed with sex.

The Associated Press contributed to this report.