Deportation detainers and First Step Act credits: what actually disqualifies?
Under 18 U.S.C. § 3632(d)(4)(E), a prisoner who is subject to a final order of removal may earn First Step Act credits but cannot have them applied toward early release or prerelease custody. An ICE detainer or pending immigration case is not a final removal order — a person with only a detainer remains legally able to apply credits, though BOP flagging errors on this point are common. In practice a detainer usually still blocks halfway-house and home-confinement placement, so applied credits tend to move the supervised-release transfer date instead.
Reviewed against 18 U.S.C. § 3632(d)(4)(E) and BOP Program Statement 5410.01. Last updated .
Detainer, removal proceedings, final order — which is which?
| Status | What it is | FSA credit effect |
|---|---|---|
| ICE detainer (Form I-247A) | A request that BOP notify ICE before release and hold up to 48 hours | Can earn and apply; placement options limited in practice |
| Removal proceedings pending | A case before an immigration judge, not yet decided | Can earn and apply — no final order exists yet |
| Final order of removal | An administratively final removal order (appeals exhausted or waived) | Can earn; cannot apply (§ 3632(d)(4)(E)) |
The distinction matters because BOP systems have repeatedly flagged people with mere detainers as ineligible. If the computation shows an FSA ineligibility code based on immigration status, ask in writing whether a final order actually exists — and if not, challenge the flag through the administrative remedy process.
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Open the federal release date calculatorFrequently asked questions
Does an ICE detainer stop Good Conduct Time?
No. Good Conduct Time under 18 U.S.C. § 3624(b) applies regardless of immigration status. Immigration status only limits First Step Act credit application (final order) and, practically, community placement options.
Can a non-citizen without a detainer use FSA credits normally?
Yes. Citizenship itself is not an eligibility criterion — only a final order of removal bars application under § 3632(d)(4)(E).
If the final order arrives mid-sentence, what happens to applied credits?
Application stops going forward once a final order exists. How already-applied credits and already-set dates are treated has been contested; get case-specific advice rather than relying on a general rule.
Primary sources
Everything on this page is drawn from the statutes, regulations, and BOP program statements below — read them directly:
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Estimates, not promises
This page describes federal law and Bureau of Prisons policy in general terms for education. It is not legal advice, it doesn't account for the facts of any individual case, and no attorney–client relationship is created by reading it. The BOP makes all final release-date determinations. Have an attorney review anything before you file it. Built by OutDate, the federal release date calculator.