Issues related to noncitizens usually fly under the radar. They ordinarily have more of a difficult time navigating the BOP, especially when there are language and literacy barriers. And now, we hear that ICE detainees without criminal charges may be mixed with “designated” prisoners (pre-trial or sentenced) – causing all sorts of other problems.
An example of a common problem faced by noncitizens in the BOP is the abrupt removal of First Step Act credits shortly before their release date. Noncitizens can earn and receive time credits under the FSA unless a final deportation order has been issued. It appears that the BOP is indeed awarding the time credits (up to the maximum 365 days), then rescinding them when it receives an “expedited removal order” from ICE. It is simply cruel to award the credits, then yank them.
Some individuals will get a hearing while in BOP custody at certain prisons that have the Institution Hearing Program “IHP.”
The list of federal prisons with the IHP was from the BOP Central Office in 2021:
LSCI Allenwood
FCI Aliceville (female)
Big Spring Air Park CH Correctional Center
FCI Allenwood
Big Spring Flight Line Correctional Center
USP Allenwood
FCI Waseca
D. Ray James Correctional Facility
FCI La Tuna
Giles W. Dalby Correctional Facility
FCI Oakdale II
Moshannon Valley Correctional Center
FCI Pollock
Reeves County Detention Center
USP Pollock
FDC SeaTac
FCI Victorville I
FCI Victorville II
USP Victorville
From an advocacy perspective, there are two issues to be aware of: Documented, FSA-eligible individuals who wish to return to their home country should be allowed the full credits, so they can begin deportation process early. This should also be true for undocumented individuals. Likewise, noncitizens who desire asylum and have a valid claim or a direct federal appeal underway should also be eligible for FSA credits, with RRC (halfway house) or home detention available on a case-by-case basis.
That leads to the second point of advocacy. The current policy on halfway house placement was written prior to the Second Chance Act of 2007. At that time, noncitizens could be considered for halfway house placement, but the BOP did not exercise that right. After the SCA was made law, the BOP’s Office of General Counsel issued a memorandum stating that aliens should not be automatically excluded from RRC benefits. Likewise, under the FSA, people with immigration detainers are eligible to transfer to an RRC or home detention on a case-by-case basis. Yet noncitizens are being categorically denied reentry services. Currently, we are supporting a permanent legal resident who is during a direct appeal. Even though ICE requested the BOP to remove the detainer, the person is being told he is ineligible.
These are the kinds of technical issues PERA can assist with!