TITLE

Punishing the Innocent: How the Classification of Male-to-Female Transgender Individuals in Immigration Detention Constitutes Illegal Punishment Under the Fifth Amendment

AUTHOR(S)
Anderson, Laurel
PUB. DATE
May 2010
SOURCE
Berkeley Journal of Gender, Law & Justice;2010, Vol. 25, p1
SOURCE TYPE
Academic Journal
DOC. TYPE
Opinion
ABSTRACT
The author argues that the application of detention policies of the U.S. Immigration and Customs Enforcement (ICE) to male-to-female transgender immigrants constitutes illegal punishment under the Due Process Clause of the Fifth Amendment of the Constitution. He notes the high risk of sexual assault and harassment against male-to-female transgender detainees. He proposes the ICE to rework its gender classification system to reflect gender identity. He also proposes to limit the use of administrative segregation as a way to provide detainee safety.
ACCESSION #
52418013

 

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