The American people got a wake-up call yesterday from President Barack Obama about solitary confinement, a barbaric practice that’s routine in our country’s prisons, jails, and juvenile detention centers. The White House delivered a new on solitary from the Department of Justice and a simultaneous pledge in an by the president to sharply reduce federal prisons’ reliance on this inhumane practice.
For state and local jails and prisons across the country, the Justice Department presents its first-ever guide to cutting back on solitary — principles the president endorsed.
On any given day, in U.S. prisons are held in solitary, where they are deprived of almost all human interaction, often sustaining permanent psychological damage. Many solitary survivors — like Reginald Dwayne Betts, Anthony Graves, and James Burns — left prison long ago but remain haunted by their days, months, and years in the hole.
In his , the president doesn’t mince words about solitary’s dangers — not only to prisoners’ mental health but to the world they must reenter when they’ve served their time:
How can we subject prisoners to unnecessary solitary confinement, knowing its effects, and then expect them to return to our communities as whole people? It doesn’t make us safer. It’s an affront to our common humanity.
President Obama has also committed to the recommendations in the Department of Justice report targeting solitary in the federal prison system. For the estimated 10,000 people in solitary in those prisons, the changes will be dramatic:
- Solitary cells will no longer hold people with serious mental illnesses who ought to be in treatment, not in draconian conditions that make their conditions worse and too often contribute to self-harm and suicide.
- Youth under 18 won’t be sent to solitary, where the adolescent brain is at high risk for permanent damage.
- Transgendered prisoners, those with physical disabilities, and other vulnerable people won’t find themselves in solitary for no other reason than “their own protection” from other prisoners; instead special units for vulnerable prisoners will be created.
- Nonviolent infractions and other minor rule breaking — like talking back to an officer or refusing a new cell assignment — won’t be punishable by solitary.
The goal for both the federal prison reforms and the principles aimed at the states is to make solitary the very last resort for prison officials. For years, that vision — solitary reduced to a rarity or eliminated altogether — has motivated the ACLU, the faith community, human rights leaders like , prisoners and their families, and the many others in the movement against solitary confinement. Increasingly, lawmakers and corrections officials are joining us in recognizing solitary’s harms, to prisoners but also to society.
With the Justice Department’s report and President Obama’s reforms, we have even more hope that this country can leave solitary behind.
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Press ReleaseDec 2024
Prisoners' Rights
Criminal Law Reform
ACLU Sues Bureau of Prisons for Keeping People in Prison Longer Than the Law AllowsACLU Sues Bureau of Prisons for Keeping People in Prison Longer Than the Law Allows
WASHINGTON – A federal lawsuit brought today by the American Civil Liberties Union, ACLU of D.C., and Jenner & Block LLP challenges the Federal Bureau of Prisons (BOP) for unlawfully incarcerating people longer than the law allows under the First Step Act. The lawsuit contends that the BOP’s failure to implement the First Step Act according to its plain language violates the rights of thousands of people who should be returning to their communities and rebuilding their lives but instead remain incarcerated. Signed into law in 2018 by then-President Donald Trump, the bipartisan First Step Act was designed to reduce the population in federal prisons, reform extreme sentencing laws, and provide programming and reentry transition services to people in prison. Central to the First Step Act is a system of earned time credits, which allows people in prison to earn time off their sentences and time out of prison by participating in rehabilitation programs. Through the First Step Act, Congress unambiguously ordered BOP to move people out of prison when they meet certain requirements to use their earned time credits. Instead of faithfully following the mandatory law, BOP adopted a regulation treating the law as optional. As a result, thousands of people, who should already be back in their communities and with their families, remain in prison. “Every extra unlawful day our clients spend in prison is a serious injustice,” said Emma Andersson, deputy director of the Criminal Law Reform Project at the ACLU. “It is egregious that the Bureau of Prisons is imprisoning people for months longer than the law allows. The government must follow through on its legal obligation to get people out of prison on time and back into their communities, where they belong.” Additional comments below from: Vanessa Crowe, plaintiff: “Time is what I owed for my wrongdoing, and I have paid my time. But I should not have to spend more time in prison than the law allows. I often reflect on what I will miss during the months after when I should be out of prison. I will miss work and lose out on wages that would help me get back on my feet. I could be a tax paying citizen instead of a burden on society. But most of all, I will miss more precious time with my family. My family and I are ready to tum the page on this period in our lives — we are all ready to start a new life, a life with purpose, hope, and healing together. I want to start that life when I am legally entitled to start it-not five months later.” Arthur Spitzer, senior counsel at ACLU of D.C.: “There’s no excuse for the Bureau of Prisons to pretend not to understand Congress’s clear command that people who have earned the right to early release must be released. This law has been on the books for six years. The Bureau of Prisons has had plenty of time to understand it. Law enforcers should obey the law.” Betsy Henthorne, partner at Jenner & Block: “It has been six years since the First Step Act was signed, but despite Congress’s clear directives, the Bureau of Prisons continues to hold thousands of people in prison longer than the law allows. We should and do expect better—it’s past time for the BOP to ensure that those who have earned their release are able to return home to their families and communities according to the law Congress passed.” -
Press ReleaseSep 2024
National Security
Prisoners' Rights
ACLU Statement on Senator’s Discriminatory Questioning of Civil Rights Leader Maya BerryACLU Statement on Senator’s Discriminatory Questioning of Civil Rights Leader Maya Berry
WASHINGTON — American Civil Liberties Union Executive Director Anthony D. Romero, released the following statement regarding Sen. John Kennedy’s questioning of Maya Berry, the executive director of the Arab American Institute: “The American Civil Liberties Union condemns this discriminatory and vitriolic attack on Maya Berry, a renowned civil rights leader, and joins the chorus of voices from across the political spectrum in denouncing these remarks. “To use a hearing about the disturbing rise in anti-Muslim, anti-Arab, and antisemitic hate crimes to launch personal and discriminatory attacks on an expert witness they’ve invited to testify is both outrageous and inappropriate. This kind of racist rhetoric should be widely condemned. It has no place in Congress, or in politics. “Maya Berry is a courageous and compassionate leader who has spent her entire career working to strengthen our democracy and protect the rights of Arab American communities, and other vulnerable communities who face discrimination and targeting because of their ethnicity, race, or religion.” -
Ohio Supreme CourtSep 2024
Prisoners' Rights
State v. MorrisState v. Morris
This case in the Ohio Supreme Court concerns the scope of the state constitutional right to counsel. The police in this case interrogated the defendant, Isaiah Morris, without mentioning his already-appointed counsel or asking him to waive his right to counsel. This procedural circumstance risks confusing criminal defendants and undermining their state constitutional rights. The ACLU’s State Supreme Court Initiative, alongside the ACLU of Ohio and WilmerHale, filed an amicus brief arguing that merely providing a defendant notice of Miranda rights falls short of the bare minimum requirements for a valid waiver. -
Oregon Supreme CourtSep 2024
Prisoners' Rights
Huskey v. Oregon Department of CorrectionsHuskey v. Oregon Department of Corrections
This case in the Oregon Supreme Court centers on whether Article I, Section 41(3) of the Oregon Constitution, which provides that Oregon prisoners lack legally enforceable rights to prison jobs and training, bars prisoners from collecting damages relating to lost prison jobs and training caused by the alleged breach of a settlement agreement by prison officials. The ACLU’s State Supreme Court Initiative, alongside the ACLU of Oregon, filed an amicus brief arguing that that plaintiff Arnold Huskey, an incarcerated individual whose identity was used in Department of Corrections training materials, is entitled to damages notwithstanding Article I, Section 41(3), because plaintiffs in contract disputes never have to show standalone legal rights to the damages they claim. Instead, they need only show that the damages were reasonably foreseeable consequences of the alleged breach of contract.