For months, you’ve been calling on the Biden Administration to #KeepThemHome. People have signed petitions, protested, wrote their politicians and more. And for months, those pleas have fallen on deaf ears. But that changed yesterday.
The Biden Administration will let those released under the CARES Act stay home.
In a press release yesterday, the Biden Administration finally heard your calls. U.S. Attorney General Merrick Garland made the announcement. He said that the DOJ will let those released under the CARES Act stay home when the COVID-19 pandemic ends.
“Thousands of people on home confinement have reconnected with their families, have found gainful employment, and have followed the rules,” Garland said in a press release on the DOJ’s website.
“In light of today’s Office of Legal Counsel opinion, I have directed that the Department engage in a rulemaking process to ensure that the Department lives up to the letter and the spirit of the CARES Act.”
The opinion referenced by Garland is an opinion from the Office of Legal Counsel. In it, the DOJ concludes that the BOP does have the power to let CARES Act releasees stay in home confinement. Now, they have this power even after the pandemic ends.
Kevin Ring, FAMM’s President, announced the news on Twitter. “Attorney General Garland just called!!!! DOJ will be issuing a new OLC memo today, clarifying that people on CARES act home confinement don’t need to return to prison at the end of the pandemic,” he tweeted.
FAMM played a huge role in asking the Biden Administration to #KeepThemHome. So, it made a lot of sense that Ring was the one to announce the news.
The opinion and press release end fears that everyone could go back.
The opinion issued by the DOJ yesterday represents a complete reversal. At first, it looked like the DOJ would order everyone released under the CARES Act back to prison. This original plan was frustrating and confusing.
For instance, BOP officials told many CARES Act releasees that they would not have to go back if they followed the rules. For months, those promises seemed like lies. Those lies led to anger. Yesterday fixed that.
Everyone released under the CARES Act also felt confused. Some reports said that everyone must return. Other reports said some could apply for clemency. Yesterday fixed that, too.
Yesterday’s news isn’t perfect. But it’s a start.
The opinion issued by the DOJ yesterday is great news. But it’s not perfect. And it’s not a guarantee that everyone released under the CARES Act will be able to stay home.
Instead, it only gives the BOP discretion. They can decide to keep people in home confinement after the pandemic ends or not. This leaves it up to the BOP.
As you know if you or a loved one has been in BOP custody, leaving it up to the BOP isn’t a great plan. Look no further than First Step Act implementation for an example. But it’s better than nothing. And that, by itself, is good news.
