Around 4,400 prisoners were placed in home confinement starting in April 2020 when the Covid-19 pandemic first broke out. Since then, around 2,000 people remain in home confinement with sentences still left to fill. The others saw their sentences end and could remain home. But those who remaining 2,000 prisoners have been in a limbo. Former President Trump’s administration released a memo saying people whose sentences would outlast the Covid-19 emergency order would have to return to prison. 

However, there was a chance the Biden administration would do something to change the rules. President Biden had campaigned for cannabis decriminalization and record expungement even if he wasn’t for complete legalization. “No. 1, I think we should decriminalize marijuana, period,” President Biden said during his initial campaign. “And I think everyone — anyone who has a record should be let out of jail, their records expunged, be completely zeroed out.”

Biden Administration

Despite promises, President Biden and his administration have yet to take up decriminalization and expungement efforts despite saying they would. This leaves those remaining 2,000 in a continued limbo. The Biden Administration found Former President Trump’s memo to be legal, and upheld that whenever the Covid-19 pandemic emergency period ends, those remaining must return to jail. However, there is no strict or known timeline for when those remaining must return. Covid numbers continue to fluctuate and there are no clear guidelines for when the pandemic will be ‘over.’ 

The ACLU, NAACP, and other organizations are actively advocating for the release of those with non-violent cannabis convictions. “They wake up every day terrified of going back to prison. Waiting is the hardest part,” said Kevin Ring. He is the President of Families Against Mandatory Minimums, who lobbies for humane sentences and treatment of people behind bars. “And the administration’s silence is so callous,” he added.

Testimony

“I don’t want to go back to prison, in the name of Jesus,” Diana Marquez said. She served 16 years of a 30-year sentence for a marijuana conspiracy she played a supporting role in. She’s been in home confinement since April 2020 and has started to take her life back. Now she is losing hair in clumps because she is unbelievably stressed about returning to prison. 

Another person in home confinement who has already returned to prison is Raquel Esquivel. Originally pregnant during her first 10 years of her 15 year sentence of smuggling cannabis across the southern border, she didn’t have the chance to raise her son after she gave birth. Being home gave her a chance to be with him and her fiance, Ricky Gonzales. She followed every rule set for her, checking in everyday with the Bureau of Prisoners. However, in May, six month pregnant Esquivel returned to prison for allegedly missing a phone call two months prior, which Esquivel denies. 

“They (the Bureau of Prisoners) consider it an escape,” Amy Povah said. She is the founder of CAN-DO Justice for Clemency and has been working on Esquivel’s case. “This shows the illogic of all this. She’s been calling in every single day. She’d done everything perfect, she had a job, she’s engaged, she’s pregnant. But they won’t back down.”

Future

Most of the remaining prisoners now live in fear of when they will leave their homes and return to prison. With news getting around to the general public, there has been outcry from cannabis supporters and activists. The federal prisoners even sparked a Twitter hashtag, #KeepThemHome, to bring more awareness and attention to those desperate to remain in home confinement until their sentence is complete.

It’s unclear when the Covid-19 pandemic will end, but for now, these people will continue to remain in a federal limbo, their lives on the line.

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