A Horrible Limbo
By Ann Espuelas
Imagine being in prison for years. Now imagine if one day, the staff told you to pack your bags, that you were being released to home confinement for the rest of your sentence. You gather what little you have, you say goodbye to the friends you’ve made, and with huge relief and gratitude you walk through those prison gates. Maybe your family is waiting for you on the other side. Your kids can’t stop hugging you, and they ask you if you ever have to go back. Of course you tell them no. And you throw yourself into rebuilding your life and doing everything you can to keep that promise.
That happened for thousands of people in prison because of the CARES Act, when the BOP was directed to release people who met certain criteria. But now they are stuck in a horrible kind of limbo, not sure if they will remain on home confinement or be sent back to prison.
That’s because on January 15, 2021, with four days left in the Trump administration, the Justice Department’s Office of Legal Counsel (OLC) issued a memo stating that the CARES Act required the BOP to return people with extended home confinement terms back to prison.
People sent to CARES Act home confinement were never told that they might have to return. The OLC memo’s conclusion is inaccurate, and enforcing it would devastate families across the country. Clarity and answers are mostly non-existent, but their stress is through the roof. Here’s what some of them have to say about it:
“I was granted home confinement last May. I got a great job and rented an apartment a few miles from the office, and I can walk to work. I am 71, so readjusting after 19 years in fed prison takes a little time. If I have to go back to prison, I would lose everything I have worked so hard for. I NEVER would have gone through the expense of buying furniture, clothes, renting a place to live and other expenses if I know I would be returning to prison.” — Dennis Alba
“When I was released, I was told I had to get a job, I had to go to school. I was never told I might have to go back. It makes no sense that I have to get dragged back. Going back to prison and losing my job, the hard work I’ve already done in school and in my relationships, would be soul-crushing. Now I have a ray of hope, back with family, and I feel like the prison system is now telling me: ‘Oh, my bad — you have to come back.’” — Robert Edwards
“In this nearly a year that I’ve been home, I have never been more driven for success. The idea that those of us who have achieved this opportunity may be sent back into prison not only would destroy families who have struggled to rebuild relationships, but it would also deter every other inmate from following the positive examples of those that are out. There would be NO incentive for any inmate to go above and beyond in their rehabilitation if it means that at any moment, the BOP can return you back to incarceration.” — Robert Lustyik
“It would be an absolute nightmare for my four children if their mother was sent back to prison. I only have 12 months left until my halfway house eligibility and to snatch me from their lives needlessly once again would be a very sad end to this story.” — Amanda Saucier
“I have a full-time job which I started 2 days after I got released. I have had zero issues with my Home Confinement and I am in good standing with my Case Manager. I have been able to be productive and I have redeveloped an amazing relationship with my children who are 12 & 10. After losing everything because of my horrible mistakes, it has been so redeeming to be a Dad again. Losing the bond I have reestablished with my children would be the most devastating.” — Chad Ducey
“The first question my children asked when I came on home confinement because of the CARES Act was if I would have to go back, and I said no. I hope that President Biden does something because it will be an emotional tragedy for my family and so many others.” — Michael David Scott
“When I was released on home confinement, it was unreal. I didn’t believe it was really happening until I walked out of the Big Spring Facility on July 15, 2020. I have a new life with a committed and supportive family. I would never have been able to do this without the opportunity of home confinement and my family. I have a full time employment in HVAC, an active parenting role in my children’s life, and I am currently working towards a bachelor’s degree at Odessa College. To be sent back, I would feel like I have failed myself, society, and most importantly my family. It would be a devastating blow to all of us!” — Jesse Rodriguez
There’s still time for the Biden administration to fix this. They can rescind the OLC memo and validate the reentry work so many families are doing. Help FAMM make it clear that spouses, employers, and children are counting on the Biden administration to do what’s right.
Ann Espuelas is FAMM’s Director of Family Outreach and Storytelling.
