Border Patrol agents and others operating under the umbrella of Customs and Border Protection (CBP) must now consider not only the sex of the criminal they are detaining, but the “gender identity” of the individual and how they feel and identify. The terms “illegal alien” or even “illegal immigrant” do not appear at all in a new 31-page instruction document. The new rules were published by CBP and according to the agency, “includes language on gender identity, which was not previously included in the individual component policies. Specifically, whenever feasible, officers and agents who conduct a search or are present at a medical examination must be of the same gender, gender identity, or declared gender as the individual being searched.”

A few highlights from the October 2015 National Standards on Transport, Escort, Detention, and Search are listed below:

Section 2.6: Ground Transportation and Escort Standards

Gender of Transporting/Escorting Officer/Agent

Whenever operationally feasible, transport/escort must be conducted by two officers/agents with at least one being of the same gender or gender identity as the detainee(s)

Section 3.4: Gender of Searching Officer/Agent

Whenever operationally feasible, officers/agents conducting a search or that are present at a medical examination, must be of the same gender, gender identity, or declared gender as the detainee being searched.

Section 4.2: At-Risk Detainee Determination Process

Before placing any detainees together in a hold room or holding facility, officers/agents shall assess the information before them to determine if the detainee may be considered an at risk detainee, or at risk of posing a threat to others. This assessment will include:

Whether the detainee has self identified as gay, lesbian, bisexual, transgender, intersex, or gender nonconforming;

Section 4.3: General Detention Procedures

Gender of Searching Officer/Agent:

Whenever operationally feasible, officers/agents conducting a search or that are present at a medical examination must be of the same gender, gender identity, or declared gender as the detainee being searched.

Gender Segregation: Male and female adult detainees will be segregated at all times when in hold rooms. Particular care should be afforded to at risk populations, including transgender and intersex detainees. Exceptions may be made on a case by case basis, based on family unity.

Section 5.1: General

At-Risk Populations:

Individuals in the custody of CBP who may require additional care or oversight, who may include: juveniles; UAC; pregnant individuals; those known to be on life sustaining or life saving medical treatment; those at higher risk of sexual abuse (including but not limited to gender nonconforming, intersex, and transgender); reported victims of sexual abuse; those who have identified mental, physical or developmental disabilities; those of advanced age; or family units.

Section 5.4: Transport

Gender of Transporting Officer/Agent

Whenever operationally feasible, the transporting of at risk detainees must be conducted by two officers/agents with at least one officer/agent of the same gender or gender identity as the detainee. When transporting at risk detainees of the opposite gender or gender identity, transportation staff must call in their time of departure and odometer reading, and then do so again upon arrival, according to the operational office’s policies and procedures.

Section 5.5: Search