Behind Bars and Beyond Binaries: Examining the Ongoing Oppression and Abuse of Transgender Detainees in ICE Custody

Faculty Mentor

Judy Rohrer

Document Type

Oral Presentation

Start Date

10-5-2023 10:45 AM

End Date

10-5-2023 11:05 AM

Location

PUB 321

Department

Gender, Women’s & Sexuality Studies

Abstract

In 2011, Immigration and Customs Enforcement (ICE) first recognized transgender detainees as a vulnerable population (Santos, 2017). While on paper, this identification seems like progress, studies have revealed the ongoing systematic oppression and abuse experienced by transgender persons in detention centers because ICE standards of care are often violated and fail to account for the unique, intersectional identities and care needs of transgender detainees. Violations of these standards reinforce cisnormativity, a system of power that supports binary gender classifications, and ultimately affect trans peoples’ experiences and treatment in detention centers that maintain similar sex and gender binaries resulting in sexual abuse, inaccurate detention placement, solitary confinement, an absence of basic needs, and psychological trauma. This paper argues that ICE fails transgender detainees because their detention standards do not adequately account for the unique needs of transgender persons and existing standards vaguely addressing transgender vulnerabilities are not being enforced. I support this argument by examining the shortcomings of the 2019 ICE National Detention Standards in addressing transgender vulnerabilities, the prevalence of violations resulting in experiences of abuse, and the role of institutionalized cisnormativity in perpetuating these issues. Finally, I assess the impacts of this abuse on the well-being of trans persons, and evaluate reforms suggested from advocacy organizations.

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May 10th, 10:45 AM May 10th, 11:05 AM

Behind Bars and Beyond Binaries: Examining the Ongoing Oppression and Abuse of Transgender Detainees in ICE Custody

PUB 321

In 2011, Immigration and Customs Enforcement (ICE) first recognized transgender detainees as a vulnerable population (Santos, 2017). While on paper, this identification seems like progress, studies have revealed the ongoing systematic oppression and abuse experienced by transgender persons in detention centers because ICE standards of care are often violated and fail to account for the unique, intersectional identities and care needs of transgender detainees. Violations of these standards reinforce cisnormativity, a system of power that supports binary gender classifications, and ultimately affect trans peoples’ experiences and treatment in detention centers that maintain similar sex and gender binaries resulting in sexual abuse, inaccurate detention placement, solitary confinement, an absence of basic needs, and psychological trauma. This paper argues that ICE fails transgender detainees because their detention standards do not adequately account for the unique needs of transgender persons and existing standards vaguely addressing transgender vulnerabilities are not being enforced. I support this argument by examining the shortcomings of the 2019 ICE National Detention Standards in addressing transgender vulnerabilities, the prevalence of violations resulting in experiences of abuse, and the role of institutionalized cisnormativity in perpetuating these issues. Finally, I assess the impacts of this abuse on the well-being of trans persons, and evaluate reforms suggested from advocacy organizations.