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Further Guidance Regarding the Care of Transgender Detainees <br />Page 3 of 18 <br />.Do you identify as a man, a woman, or as transgender? <br />If the detainee indicates he or she self - identifies as transgender, or has a gender identity <br />different from his or her biological sex, ERO personnel shall record the initial <br />determination in the appropriate data systems. <br />d. If the individual identifies that he or she is transgender, the same should also be noted on <br />the Form I -213 and the Form I -213 should indicate any other information he or she <br />disclosed related to his or her gender identity. <br />e. When processing an individual who identifies as transgender, ERO personnel should be <br />aware that he or she may: <br />i. Exhibit a gender expression (i.e., external and objective manifestations of gender, <br />such as, but not limited to, one's preferred name, pronouns, clothing, makeup, <br />haircut, behavior, voice, or body characteristics) that appear to indicate a gender <br />different from the sex listed on the detainee's identity documentation. <br />ii. Carry official documentation, including medical documentation, recognized by ICE <br />officials or a government entity (local, state, or federal) that indicates a gender <br />identity different from the detainee's biological sex or lists the detainee's gender <br />identity as transgender. <br />iii. Possess prescription medication (e.g., hormones), as verified by a qualified medical <br />professional, that indicates a gender identity different from the detainee's biological <br />sex. <br />f. The detainee shall not be disciplined for refusing to answer any gender identity- related <br />questions during processing, for not disclosing complete information in response to <br />questions asked about gender identity, or for falsely reporting that he or she is not <br />transgender. <br />g. If at any time during initial processing ERG personnel determine additional privacy is <br />needed to further address issues, questions, or answers referenced above with the <br />detainee, the FOD, to the extent practicable, shall ensure ERO personnel make <br />appropriate accommodations (such as using an office or unoccupied holding cell) to <br />converse with the detainee in private. <br />h. Pursuant to the DHS PREA Standards, the FOD shall ensure sensitive information, such <br />as a detainee's gender identity, is not used to the detainee's detriment by ICE personnel <br />or detention facility staff or other detainees, is not shared with other detainees, and is not <br />shared with others who do not have a need to know the information. <br />65A -9 <br />