A Monitoring Guide
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purposes. Such segregation measures can be double-edged, as they
can create resentment among other refugees and bring undesired
visibility to LGBT persons, while at the same time not necessarily
providing sufficient security; however they also may embolden
other LGBT migrants to seek support92.
Good practice (I)
Specific guidance regarding the care of transgender
detainees in immigration detention
The guidance also includes an obligation, during the initial medical
screening, to inquire into the detainee’s self-identification and history
of transition-related care, with a view to ensuring continuation of treatment, including hormone therapy and mental health care.
The document also includes positive provisions regarding searches,
training, and liaison officers. However, it has been criticized for not excluding the possibility of placing detainees in “protective segregation”,
which can be used “only as a last resort and when no other temporary
housing option exists.”
There is a high risk that authorities resort to isolation and segregation as forms of protective custody because they have not devised a
92
See in particular Gitta Zomorodi, SOGI-Related Forced Migration in East Africa: Fleeing Uganda after the Passage of the Anti-Homosexuality Act, the Global Philanthropy Project, July 2015.
93
U.S. ICE, Further guidance regarding the care of transgender detainees, US Department of Homeland
Security, 19 June 2015.
Chapter V
The United States Immigration and Customs Enforcement agency adopted in 2015 a memorandum93 providing specific guidance on the placement and care of transgender detainees. The document includes provisions regarding the right to self-identification, including as regards
housing decisions, which may not be based solely on identity documents and the physical anatomy of the person. Additional privacy is
also required for initial screenings to ensure confidentiality of interviews and guarantee safe disclosure of the person’s gender identity. According to the guidance, sensitive information, including the detainee’s
gender identity, must not be shared either with other detainees or with
staff members “who do not have a need to know the information”.
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