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Prison Rape Elimination Act

U.S. Customs and Border Protection (CBP) has a zero tolerance policy prohibiting all forms of sexual abuse and assault. CBP ensures effective procedures for preventing, reporting, responding to, investigating, and tracking incidents or allegations of sexual abuse or assault against individuals in CBP holding facilities. CBP is committed to safety and security in all of its holding facilities.

CBP Zero Tolerance Policy on Sexual Abuse and Assault

  • CBP has a zero tolerance policy prohibiting all forms of sexual abuse and assault of individuals in CBP custody, including in holding facilities, during transport, and during processing.

DHS Standards to Prevent, Detect, and Respond to Sexual Abuse and Assault in Confinement Facilities (6 CFR Part 115)

  • Sets Department of Homeland Security (DHS) standards to prevent, detect, and respond to sexual abuse and assault in DHS confinement facilities. The DHS Standards effectuate the Prison Rape Elimination Act (PREA) of 2003, 42 U.S.C. § 15601 et. seq. Subpart B - Standards for DHS Holding Facilities Coverage - covers all CBP holding facilities.

CBP National Standards on Transport, Escort, Detention, and Search

  • An agency-wide policy that sets forth the first nationwide standards which governs CBP’s interaction with detained individuals.

Annual Reports Assessing CBP Efforts to Prevent, Detect, and Respond to Sexual Abuse in Holding Facilities

  • CBP presents its Sexual Abuse and Assault in CBP Holding Facilities Reports as required by the DHS Standards (6 CFR § 115.188(c)).

Reporting Allegations of Sexual Abuse and Assault

  • CBP provides multiple ways to report sexual abuse and/or assault, retaliation for reporting sexual abuse and/or assault, or staff neglect or violations of responsibilities that may have contributed to such incidents.

Investigative Protocols for Allegations of Sexual Abuse and/or Assault

  • CBP has established a protocol to ensure that each allegation of sexual abuse or assault in investigated by the agency, or referred to an appropriate investigative authority.

Audits and Compliance

  • CBP presents its reports of audits conducted at CBP holding facilities to assess compliance with Subpart B of the DHS Standards (6 CFR §§ 201-205).
Last modified: 
November 7, 2019