Attorney General Bonta Files Amicus Brief in Support of Challenge to Trump Administration’s Attempt to Remove PREA Protections

OAKLAND – California Attorney General Rob Bonta today, as part of a multistate coalition of 13 attorneys general, filed an amicus brief in Jane Doe, et al. v. Pamela Bondi, et al., in support of a challenge to the Trump Administration’s executive order targeting protections under the Prison Rape Elimination Act (PREA) and access to healthcare for transgender individuals in federal prisons. In their brief, the attorneys general urge the U.S. Court of Appeals for the District of Columbia Circuit to affirm the district court’s decision granting the plaintiffs’ motion for a preliminary injunction.  

“The Trump Administration’s attempt to strip away protections under PREA not only undermines the progress we’ve made to safeguard the rights and wellbeing of individuals in our correctional facilities but also increases the risk of harm for vulnerable individuals,” said Attorney General Bonta. “These protections are crucial to preventing sexual assault and ensuring that we foster safer environments for incarcerated individuals and our staff in these correctional facilities.”

In 2003, Congress enacted PREA to ensure that all incarcerated individuals, including those who are transgender, are better protected in correctional facilities. Protections implemented under PREA reduce the risk of sexual assault, promote the safety and security of prisons housing transgender incarcerated individuals, improve the safety of those transgender incarcerated individuals, and further the goal of effective prison administration. In January 2025, President Trump issued the Gender Ideology EO which (1) prohibits transgender individuals from being detained based on their gender identity in prisons or detention centers, (2) prohibits the Bureau of Prisons from recognizing transgender identity, and (3) ends federal fund use for gender affirming care in prisons.

In the amicus brief, the coalition urges the U.S. Court of Appeals for the District of Columbia Circuit to affirm the district court’s preliminary injunction arguing that:

• PREA protections are essential to the safety and well-being of all incarcerated individuals and protect all incarcerated individuals, especially transgender individuals, from sexual assault.
• The Bureau of Prisons blanket policy undermines public safety as it prevents discretion in housing determinations making it more difficult to effectuate PREA’s purpose of eliminating sexual assault in prisons.
• Amici States’ experiences demonstrate that case-by-case housing assessments consistent with PREA are effective at ensuring the safety of all those who are incarcerated, including incarcerated individuals who are transgender. 

In filing the amicus brief, Attorney General Bonta joins the attorneys generals of Massachusetts, Hawaii, New York, Illinois, Rhode Island, Vermont, Maine, Minnesota, Oregon, Delaware, Maryland, and the District of Columbia.

A copy of the brief can be found here.