Will Federal Prison Closures Happen as Planned? Legal Challenges and Opposition Mount

Washington D.C. (D.A.S.)– The federal Bureau of Prisons (BOP) recently announced a sweeping reorganization plan to permanently close Federal Correctional Institution (FCI) Dublin in California and shutter six additional minimum-security facilities across the United States. However, uncertainty now clouds the fate and timeline of these closures, as federal employees, unions, lawmakers, and families of inmates challenge the decision. Inmates and staff alike await action by the BOP that could begin new transfers to empty targeted facilities, any hour – any day.

A Growing Opposition

The American Federation of Government Employees (AFGE) filed a request for injunction with the Federal Labor Relations Authority (FLRA) on Friday to halt the closures. According to AFGE Mid-Atlantic Vice President Rick Heldreth, the BOP failed to notify and negotiate with the union, violating both legal and contractual obligations. “They kept the whole thing secret,” Heldreth said, expressing frustration at the agency’s lack of transparency.

The union’s challenge argues that the closures represent “massive changes to working conditions and conditions of employment” for the staff impacted. Heldreth believes the move was rushed and unnecessary, particularly given the longstanding issues of understaffing and deteriorating infrastructure that have plagued the federal prison system for years. The union is also planning additional actions in federal court. 

The opposition is not limited to the union. Outgoing U.S. Senator Joe Manchin of West Virginia has publicly criticized the BOP for its rushed announcement and lack of consultation with lawmakers. Senator Manchin voiced his concern about the disruptive impact on staff and inmates, particularly in his home state where the Morgantown facility is slated for closure. Similarly, U.S. Senator Mike Lee of Utah has been contacted by families of inmates at the FCI Englewood camp in Colorado, who have reported premature and concerning actions by staff. Families at multiple named facilities are complaining that inmates are already being denied access to medical care, recreation, and education services, as staff act preemptively in anticipation of closure.

A Legal and Ethical Reckoning

Additional legal and congressional action is being explored to address premature or punitive actions by prison staff and wardens during this transition. Advocacy groups emphasize that inmates retain their rights throughout the process and that any staff misconduct will not go unchallenged. The Bureau of Prisons is under increasing scrutiny for how it manages these closures, with calls for accountability in cases where inmates are unfairly deprived of their rights.

This legal battle could potentially delay or even prevent the planned closures. During the pandemic, a similar challenge to the BOP’s vaccine mandate was rejected, but Heldreth is optimistic about the injunction, citing the absence of an emergency rationale for the reorganization.

The Broader Context

The closures affect thousands of staff and over a thousand inmates that would be transferred to other facilities. Workers at facilities like FCI Dublin and the minimum-security camp in Morgantown, West Virginia, have been told they will be relocated to other facilities. But no timeframe has been announced. For Morgantown, employees are slated to move to FCC Hazelton in Preston County, which itself is grappling with severe staffing shortages, including 90 unfilled correctional officer positions.

The permanent closure of FCI Dublin, described as a “rape club” due to rampant staff-on-inmate abuse, highlights the BOP’s systemic failures. Hundreds of former inmates at FCI Dublin have filed lawsuits seeking reforms and compensation for mistreatment. The facility has become a national symbol of the federal prison system’s inability to address abuse and mismanagement. The Associated Press, which first reported on the closures, uncovered widespread misconduct, escapes, violence, deaths, and staffing shortages throughout the BOP.

Congress and Families Demand Transparency

Rumors abound, but no concrete direction is being given. Lawmakers, including Senator Shelley Moore Capito, have expressed concern about the sudden announcement. Capito criticized the lack of advance notice to Congress and called for further review, questioning whether facilities like Hazelton and others are equipped to absorb incoming staff and inmates. “There are probably reasons that folks aren’t working at Hazelton now,” Capito said, underscoring persistent staffing challenges.

Senator Mike Lee’s office is also reportedly investigating claims that FCI Englewood staff have begun limiting essential inmate services, raising concerns about the humane treatment of inmates during the transition. Advocates are pressing for Congress to intervene, ensuring that inmates’ rights are protected while the closures remain under review.

Uncertain Timeline and Hope for Inmates

For inmates in the affected facilities, the closures do not guarantee immediate transfers. But timing remains unclear. Some are preparing to be relocated Amy day. Meanwhile the legal challenges and logistical complexities mean that the reorganization plan is far from finalized. Past actions by the BOP suggest that delays are not uncommon, and the current injunction could stall progress indefinitely.

Crediting the Original Reporting

This article is based on detailed reporting by the Associated Press and MetroNews, including work by Michael R. Sisak, Michael Balsamo, and Mike Nolting. Their investigations revealed systemic failures within the Bureau of Prisons and the far-reaching implications of the proposed closures.