Department of Justice

FAMM and more than 25 organizations urge Biden administration to rescind home confinement memo

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FAMM and more than 25 organizations urge Biden administration to rescind home confinement memo

Thousands of people sent to home confinement via the CARES Act will return to prison if they don’t act


WASHINGTON – FAMM joins more than 25 organizations signing on to a letter urging President Biden and Attorney General Merrick Garland to rescind a legal memo issued in the waning days of the Trump administration that would return thousands of people on home confinement to federal prison.

“The memo is wrong as a matter of law and enforcing it would devastate thousands of families,” said FAMM President Kevin Ring. “The vast majority of those on home confinement today have reunited with their children, spouses and loved ones, and are working and contributing to society. Failing to rescind this memo is needlessly cruel. Implementing it would devastate families, waste tax dollars and violate the president’s promise to reduce incarceration.”

The Justice Department’s Office of Legal Counsel issued the memo on January 15, just four days before the end of the Trump administration. It opines that the CARES Act requires the BOP to return those serving extended home confinement terms to prison following the end of the emergency period if they do not otherwise qualify for home confinement. People sent home under the CARES Act were not told that they might have to return to prison.

For nearly three decades, FAMM has united the voices of affected families, the formerly incarcerated, and a range of stakeholders and advocates to fight for a more fair and effective justice system. FAMM’s focus on ending a one-size-fits-all punishment structure has led to reforms to sentencing and prison policies at the state and federal level and is paving the way to programs that support rehabilitation for the 94% of all prisoners who will return to our neighborhoods one day.


FAMM is a national nonpartisan advocacy organization that promotes fair and effective criminal justice policies that safeguard taxpayer dollars and keep our communities safe. Founded in 1991, FAMM is helping transform America’s criminal justice system by uniting the voices of impacted families and individuals and elevating the issues all across the country.