The DOJ Says “No Way Home Prison?” – Inmates Get to Keep Their Good Rooms
What just happened?
Short answer: The U.S. Justice Department decided that federal inmates who were furloughed for the COVID‑19 crisis can keep their “home base” instead of being forced back into a cell once the emergency period ends.
In other words, no mandatory recall. This is a big win for low‑level offenders and the families who support them.
Why the shift? Quick rewind
- June 2020 – The CARES Act. Congress gave the DOJ wide‑open authority to release near‑low‑risk inmates so that prisons weren’t overcrowded and the virus spread was curbed.
- Jan 2023 – The Office of Legal Counsel (OLC) issued a controversial memo saying inmates must be recalled once the emergency wanes.
- Now there’s a change of mind. The DOJ announced it will no longer enforce that recall rule.
Who’s cheering?
Criminal‑justice groups, from the ACLU to the Justice Action Network, have been shouting, “Let them stay!” The Biden administration heard them.
“This is excellent news for thousands of people and their families to get before the holidays,” declared FAMM President Kevin Ring.
What did Attorney General Merrick Garland say?
“Thousands of people on home confinement have reconnected with their families, found jobs, and obeyed the rules,” Garland said. He even met with a handful of home‑confined inmates earlier that day to hear their stories. He also promised to start a rule‑making process so that staying home won’t become a cruel experimental phase.
But this isn’t a “free pass” for all.
Inmates must still respect the conditions. If they violate the home‑confined rules, they can lose those privileges. The great majority, however, have played by the book.
Key numbers, on a nutshell
- March 2020‑Dec 6: 35,000+ inmates were sent home.
- Dec 6: 4,879 inmates officialy under CARES Act home confinement.
- Had the OLC memo stuck, 2,800 of those might have been forced back into prison.
What’s next? The DOJ’s plan
- Launch a rule‑making procedure to clarify how and when inmates can stay home.
- Ensure a smooth transition back to society for those who choose to stay.
- Give inmates a fair chance to keep their good friends, jobs, and maybe a hobby on their own terms.
Bottom line
This move lightens the load on prisons, keeps families together, and looks like a step toward a more humane justice system—just in time for the holidays. Let’s hope the DOJ’s decision sticks and the old “recall” gossip stays in the past.
