Bureau Of Prisons Limits First Step Act Credits For Non-Citizens
When Congress passed the First Step Act in 2018, it marked a bipartisan effort to reform the federal criminal justice system by promoting rehabilitation and reducing recidivism. A key feature of the law was the creation of a new system of “earned time credits.” Under this system, eligible federal inmates can earn ten to fifteen days of credit for every thirty days of successful participation in approved educational or vocational programs. Once an inmate accrues enough credits, those credits must be applied toward either prerelease custody, such as a halfway house or home confinement, or early transfer to supervised release.
The language of the statute is direct and mandatory. Section 3632(d)(4)(C) of Title 18 of the United States Code states that the Bureau of Prisons (BOP) “shall transfer eligible prisoners… into prerelease custody or supervised release.” Congress did not leave that decision to the Bureau’s discretion. It identified a single immigration-related limitation: individuals who are subject to a ‘final order of removal’ are not eligible to apply their credits. A detainer from Immigration and Customs Enforcement—essentially a notice that immigration authorities intend to review an individual’s case—is not a final removal order.
