In New Amicus Brief, Ranking Member Raskin Urges Supreme Court to Enforce First Step Act

Brief Warns Bureau of Prisons Is Not Complying With Key Provisions of Bipartisan Law Aimed at Reducing Recidivism and Promoting Rehabilitation 

Washington, D.C. (August 12, 2026)—Today, Rep. Jamie Raskin, Ranking Member of the House Judiciary Committee, filed an amicus brief in Maxwell v. Thomas urging the Supreme Court to enforce the bipartisan First Step Act, landmark criminal justice reform legislation aimed at reducing recidivism and preparing eligible incarcerated individuals to reenter society as productive citizens. At the core of this statute was a new system of evidence-based recidivism reduction programs and fixed incentives—including the possibility of early transfer to prerelease custody and supervised release—that Congress directed the Bureau of Prisons (BOP) to provide to certain eligible prisoners who successfully complete such programs.

The brief argues that Congress imposed obligations on BOP to track eligibility for transfer to pre-release custody, apply time credits for prisoners participating in recidivism reduction programs, and directed BOP to execute these transfers consistent with the law. In order for the law to be effective, incarcerated individuals must be able to turn to the courts when BOP fails to uphold its obligations.

“The First Step Act made a simple bipartisan promise: if incarcerated people put in the work to rehabilitate themselves, earn their credits and qualify for prerelease custody, the government must honor its end of the bargain. The Bureau of Prisons cannot turn the First Step Act into a step backward by disregarding the law and keeping eligible people behind prison bars longer than Congress intended. Congress made a promise. The courts must make sure the government keeps it,” said Ranking Member Raskin. 

Under the First Step Act, eligible prisoners earn time credits toward earlier transfer out of prison by completing programs designed to promote rehabilitation and reduce the risk of reoffending. But Government Accountability Office reviews found widespread failure by BOP to properly apply those credits. BOP has fully applied earned credits for just 29% of eligible prisoners, and more than half of eligible prisoners would already have qualified for transfer out of prison if their credits had been properly applied.

Passed by overwhelming bipartisan majorities and signed into law by President Trump in 2018, the First Step Act was designed to promote rehabilitation and reduce recidivism through clear incentives for prisoners who participate in evidence-based programs. Congress expressly required the BOP to transfer eligible prisoners to halfway houses or home confinement once they earn sufficient credits and meet the law’s requirements.

The full brief is available here.

For more information on House Democrats’ efforts to protect Americans against the accelerating unlawful actions of the Trump Administration, visit litigationandresponse.house.gov.