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Further Guidance Regarding the Care of Transgender Detainees Page 2 of 18 ICE ERO will provide a respectful, safe, and secure environment for all detainees, including those individuals who identify as transgender. Discrimination or harassment of any kind based on a detainee's actual or perceived sexual orientation or gender identity is strictly prohibited. Moreover, ICE ERO reaffirms its commitment to provide effective safeguards against sexual abuse and assault for all individuals detained in ERO custody. 1. Data Systems and Form 1 -213 a. ERO Law Enforcement Systems and Analysis (LESA), in consultation and collaboration with other relevant ICE and ERO components, is directed to update, to the extent practicable, all appropriate data systems (including, but not limited to, EAGLE, FARM, and other systems that receive data from ERO- related data systems for statistical, medical, or other purposes) to: (1) capture a detainee's `Biological Sex" or "Sex" (See Attachment 1: Definitions) as Male, Female, Intersex, or Unknown (Note: data systems should not use the category or header of "Gender" to capture and record a detainee's "Sex "); and (2) add a data field, which may be in the form of a check -box, to record if the detainee identifies as "Transgender." ERO LESA should also ensure that the identification of "Transgender" appears conspicuously on the Form I -213 "Record of Deportable/Inadmissible Alien" when printed. 2. Initial Processing a. During the initial processing of an individual taken into ERO custody, the FOD, or his/her designee, shall ensure ERO personnel record a detainee's `Biological Sex" or "Sex" as Male, Female, Intersex, or Unknown on the Form I -213 and within applicable data systems. b. In those circumstances during initial processing when a detainee: (1) self - identifies as transgender or otherwise identifies with a gender different from that which corresponds with his or her biological sex (e.g., a biological male who identifies as a woman); or (2) responds affirmatively during Risk Classification Assessment (RCA) module screening that he or she may be at an elevated risk in a detention setting because of his or her actual or perceived gender identity and/or gender expression, the FOD shall ensure ERO personnel ask if the detainee would like to formally disclose his or her gender identity. c. The following script is appropriate, but not required, for use by ERO personnel in these circumstances and should be communicated in a language and manner the detainee can understand: 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)? If the detainee answers affirmatively, ERO personnel should then ask: L. W