Press Release

FAMM urges U.S. Attorney General Garland to act now to prevent thousands on CARES Act home confinement from returning to prison.

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FAMM urges U.S. Attorney General Garland to act now to prevent thousands on CARES Act home confinement from returning to prison


WASHINGTON – FAMM sent a letter urging U.S. Attorney General Merrick Garland to take immediate action to ensure that thousands of people released on home confinement do not return to prison at the end of the pandemic.  The letter was written in response to the Department of Justice’s (DOJ) failure to respond to calls from lawmakers and advocates over the past four months to rescind the Jan. 15 Office of Legal Counsel (OLC) memo related to federal home confinement under the CARES Act.

“It is unnecessarily cruel to keep thousands of people in the dark about whether or not they’ll return to prison. Attorney General Garland could put an end to the uncertainty by announcing his plans to ensure that people remain at home,” Ring said.

“If the memo cannot be rescinded, Garland should immediately work to recommend people for clemency, or elderly home confinement. There are so many options to address the issue, but remaining silent cannot be one of them.”

 In addition to rescinding the OLC memo, the letter recommends the expanded use of clemency, elderly home confinement, and compassionate release as possible solutions. In all cases, Garland should allow the U.S. Bureau of Prisons (BOP) to use its furlough authority to keep people home.

 People sent home under the CARES Act were not told that they might have to return to prison. A bipartisan group of more than 25 members of the U.S. House of Representatives sent a letter to President Biden, urging the administration to rescind a legal memo on home confinement issued in the waning days of the Trump administration.

In addition, FAMM joined 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.

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.