Some of our members who have reached out to us about the issues below have elected to remain anonymous for fear of retaliation. For others at FDC Miami, we have strong evidence that their incoming and outgoing mail is being intercepted and tampered with by staff.
The FSA, or First Step Act, is a program sponsored by the BOP meant to give incarcerated people a chance to be released early into a halfway house. Essentially, an individual gets the opportunity to earn FSA or “good time” credits. These credits then translate into days one can use for prerelease into a halfway house. FSA credits are awarded to federal prisoners under the First Step Act for successful completion of BOP programs that have been determined to reduce recidivism rates, such as GED classes, anger management, parenting skills, and drug/alcohol rehabilitation. Incarcerated people can use these credits to reduce their sentences by up to one year, to get more time in halfway house, or to opt for home confinement at the end of their sentences. It would be an great opportunity if only it was implemented and honored by the framework it guaranteed, instead of being used as a basis for further discriminatory practices.
In the past six months, The Remedy Project has received a 10 different pleas for help from 10 members who have had their FSA credits unlawfully stripped for the same reason: false threats of deportation. We have uncovered a BOP staff conspiracy to lie to immigrants in federal prisons that they have a detainer or deportation order when they ask for FSA credits. BOP staff threaten immigration action even though the members we have heard from have not received any detainer or deportation order, do not have any open actions in immigration court, and cannot get a copy of any alleged detainer when they ask for one.
One member, Lyndon Ferguson, gave us permission to share his story. He is incarcerated at FCI Yazoo City Low II. was told he had a final order of deportation following a request for his FSA credits. It sent him into a spiral of stress and confusion. He wrote:
“I was told that I have a final order of deportation. But how is that possible if I have not went before an immigration judge. If it is a actual fact that I do have a final order of deportation, I would like to see the FBOP form, and the action letter. It pertains to me, so I have an absolute constitutional right to view the actual order of deportation and or detainer.”
Mr. Ferguson is correct about his rights. And, regardless of these threats, as of February 2023 having a detainer and deportation order is not a valid reason to deny someone FSA credits. Hence, the chronic lying we have observed throughout the BOP is unlawful on more than one level.
Because of this confusion, our members do not just suffer physically, but also mentally. Several, including Mr. Ferguson, report feelings of intense anxiety surrounding their release, contaminating what should be a liberating day with fears of deportation and other retaliations. They are worried about speaking up for themselves and demanding their rights and due process for fear of immigration action. The complete disregard for the emotional state of all of these members displays the gross dehumanization that is central to the U.S. prison system.
The staff at these prisons are expected to uphold and enforce the law that gives incarcerated people the ability to earn FSA credits. They are also expected to explain the orders and ruling against certain prisoners––a bare minimum expectation. Instead, they treat the lives of these people like a game, like they can just decide to lie and delay our members’ release because they want to. They use our members’ vulnerable position as immigrants in order to manipulate, control, and prolong their incarceration, depriving them of the rights and opportunities they are legally entitled to under the First Step Act.
This issue is not just isolated to one prison. Complaints related to FSA and immigration have come from FDC Miami, FCC Yazoo City, FMC Carswell, and FCI Aliceville. These prisons exist in four separate states: Florida, Missouri, Texas, and Alabama, respectively. The widespread nature of these abuses proves that this isn’t just misconduct—it’s a systemic weaponization of bureaucracy, designed to keep people caged despite the very laws meant to free them. Are staff at prisons being instructed to strip immigrants of FSA credits? Who is making these calls? These questions are paramount for the Bureau of Prisons to address and solve.
The Remedy Project has submitted administrative remedies for most of the members in this case. Mr. Ferguson’s initial remedy was denied. In the denial, Warden Childress at FCI Yazoo City Low II reiterated that Mr. Ferguson has deportation order, even though no one including Mr. Ferguson have seen this order, and falsely claimed that this is a valid reason to deny him his FSA credits. The Remedy Project has moved on to higher level appeals in this case, and will continue to do the same with others.
Join us in demanding justice for Mr. Ferguson and the 9 other members who have reached out over the exact same issue. They deserve to have their ability to earn FSA credits reinstated and to not have their immigration status used against them. The various staff across these four prisons (and more) have no logical reason to continue denying any of these members their credits. Furthermore, we demand that all involved in the enforcement of these illegal decisions are punished for negligence as the failure to merely inform or correct these unlawful credit strippings has lasted years for some of our constituents. Advocating for them is advocating for all those across the entire United States who share a similar human rights injustice. We are requesting your support so that we can ensure all our members are properly cared for and that staff at these prisons involved in their supervision will be sufficiently punished for their failures.
Some of our members who have reached out to us about the issues below have elected to remain anonymous for fear of retaliation. For others at FDC Miami, we have strong evidence that their incoming and outgoing mail is being intercepted and tampered with by staff.
The FSA, or First Step Act, is a program sponsored by the BOP meant to give incarcerated people a chance to be released early into a halfway house. Essentially, an individual gets the opportunity to earn FSA or “good time” credits. These credits then translate into days one can use for prerelease into a halfway house. FSA credits are awarded to federal prisoners under the First Step Act for successful completion of BOP programs that have been determined to reduce recidivism rates, such as GED classes, anger management, parenting skills, and drug/alcohol rehabilitation. Incarcerated people can use these credits to reduce their sentences by up to one year, to get more time in halfway house, or to opt for home confinement at the end of their sentences. It would be an great opportunity if only it was implemented and honored by the framework it guaranteed, instead of being used as a basis for further discriminatory practices.
In the past six months, The Remedy Project has received a 10 different pleas for help from 10 members who have had their FSA credits unlawfully stripped for the same reason: false threats of deportation. We have uncovered a BOP staff conspiracy to lie to immigrants in federal prisons that they have a detainer or deportation order when they ask for FSA credits. BOP staff threaten immigration action even though the members we have heard from have not received any detainer or deportation order, do not have any open actions in immigration court, and cannot get a copy of any alleged detainer when they ask for one.
One member, Lyndon Ferguson, gave us permission to share his story. He is incarcerated at FCI Yazoo City Low II. was told he had a final order of deportation following a request for his FSA credits. It sent him into a spiral of stress and confusion. He wrote:
“I was told that I have a final order of deportation. But how is that possible if I have not went before an immigration judge. If it is a actual fact that I do have a final order of deportation, I would like to see the FBOP form, and the action letter. It pertains to me, so I have an absolute constitutional right to view the actual order of deportation and or detainer.”
Mr. Ferguson is correct about his rights. And, regardless of these threats, as of February 2023 having a detainer and deportation order is not a valid reason to deny someone FSA credits. Hence, the chronic lying we have observed throughout the BOP is unlawful on more than one level.
Because of this confusion, our members do not just suffer physically, but also mentally. Several, including Mr. Ferguson, report feelings of intense anxiety surrounding their release, contaminating what should be a liberating day with fears of deportation and other retaliations. They are worried about speaking up for themselves and demanding their rights and due process for fear of immigration action. The complete disregard for the emotional state of all of these members displays the gross dehumanization that is central to the U.S. prison system.
The staff at these prisons are expected to uphold and enforce the law that gives incarcerated people the ability to earn FSA credits. They are also expected to explain the orders and ruling against certain prisoners––a bare minimum expectation. Instead, they treat the lives of these people like a game, like they can just decide to lie and delay our members’ release because they want to. They use our members’ vulnerable position as immigrants in order to manipulate, control, and prolong their incarceration, depriving them of the rights and opportunities they are legally entitled to under the First Step Act.
This issue is not just isolated to one prison. Complaints related to FSA and immigration have come from FDC Miami, FCC Yazoo City, FMC Carswell, and FCI Aliceville. These prisons exist in four separate states: Florida, Missouri, Texas, and Alabama, respectively. The widespread nature of these abuses proves that this isn’t just misconduct—it’s a systemic weaponization of bureaucracy, designed to keep people caged despite the very laws meant to free them. Are staff at prisons being instructed to strip immigrants of FSA credits? Who is making these calls? These questions are paramount for the Bureau of Prisons to address and solve.
The Remedy Project has submitted administrative remedies for most of the members in this case. Mr. Ferguson’s initial remedy was denied. In the denial, Warden Childress at FCI Yazoo City Low II reiterated that Mr. Ferguson has deportation order, even though no one including Mr. Ferguson have seen this order, and falsely claimed that this is a valid reason to deny him his FSA credits. The Remedy Project has moved on to higher level appeals in this case, and will continue to do the same with others.
Join us in demanding justice for Mr. Ferguson and the 9 other members who have reached out over the exact same issue. They deserve to have their ability to earn FSA credits reinstated and to not have their immigration status used against them. The various staff across these four prisons (and more) have no logical reason to continue denying any of these members their credits. Furthermore, we demand that all involved in the enforcement of these illegal decisions are punished for negligence as the failure to merely inform or correct these unlawful credit strippings has lasted years for some of our constituents. Advocating for them is advocating for all those across the entire United States who share a similar human rights injustice. We are requesting your support so that we can ensure all our members are properly cared for and that staff at these prisons involved in their supervision will be sufficiently punished for their failures.
