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Further Guidance Regarding the Care of Transgender Detainees <br />Page 4 of 18 <br />i. Pursuant to the DHS PREA Standards, searches shall be conducted in a professional and <br />respectful manner, and in the least restrictive manner possible, consistent with security <br />needs. At no time shall any search be conducted solely for the purpose of determining a <br />detainee's biological sex. <br />3. Initial Placements <br />a. When a detainee identifies as transgender, ERO shall make individualized placement <br />determinations to ensure the detainee's safety. <br />b. In determining the appropriateness of a facility to house the detainee, FRO should <br />consider: <br />i. Facilities within the Field Office's Area of Responsibility (AOR) that have <br />incorporated the "ICE Detention Facility Contract Modification for Transgender <br />Care," (See Attachment 2) and, therefore, maintain a functioning Transgender <br />Classification and Care Committee (TCCC); <br />ii. Facilities within the AOR that operate a Protective Custody Unit (PCU) for <br />transgender detainees; or <br />iii. Facilities within the AOR that demonstrate best practices in the care of Lesbian, Gay, <br />Bi- sexual, Trausgender, or Intersex (LGBTI) detainees, to include, but not limited to: <br />(1) the availability of medical personnel who have experience providing care and <br />treatment to transgender detainees (to include the delivery of hormone therapy) and <br />(2) detention facility staff who have received LGBTI Sensitivity and Awareness <br />Training. <br />c. If placement into a facility described in Sections 3.b.i -iii above is not practicable, the <br />FOD shall ensure the facility chosen for placement within his or her AOR is able to <br />appropriately care for the individual. FODs are reminded that placement into segregation <br />should occur only when necessary and in compliance with applicable detention standards. <br />In particular, placement into administrative segregation due to a detainee's identification <br />as transgender should be used only as a last resort and when no other temporary housing <br />option exists. If the facility is unable to meet these requirements, or if the detainee <br />expresses concerns regarding his or her placement or conditions of confinement, the <br />POD, in consultation with his or her Office of Chief Counsel, shall examine options for <br />transfer of the detainee to a different facility. Attachment 3 lists DHS PREA and <br />Performance Based National Detention Standards 2008 and 2011 (PBNDS) requirements <br />related to transgender detainees. <br />4. Transfers: Transfers shall comply with ICE Policy 1.1022.1: Detainee Transfers (Jan. 4. <br />201Q. In addition, FODs should consider any transfer request made by the detainee related <br />to his or her transgender identification. Should FODs need guidance on initial placement or <br />subsequent transfer decisions, they are encouraged to reach out to the National ERO LGBTI <br />Coordinator and ERO Field Operations. <br />65B -10 <br />