A detainer can potentially affect where you serve your federal sentence and what happens after, depending on your specific circumstances.
Minimum-security camps, also known as federal prison camps, are typically reserved for individuals with lower security risks and who are close to release. They are designed for non-violent offenders and individuals who pose a minimal threat to society.
However, the presence of a detainer indicates that you have pending charges or cases in another jurisdiction, which could affect your eligibility for placement in a minimum-security camp.
If a detainer is placed on you by another jurisdiction, such as another state or U.S. Immigration for non- U.S. citizens, then after completing your federal sentence, you may be transferred to the jurisdiction or deported to your resident country.
The detainer process usually involves a request from the jurisdiction where the pending case or charges are, to the incarcerating agency – such as the Federal Bureau of Prisons (BOP) – to retain custody of the individual for the pending charges.
Once your federal sentence is completed, you may be transferred to the jurisdiction that issued the detainer through a writ of habeas corpus ad prosequendum, which authorizes the temporary transfer of an individual in federal custody.
The effect of a detainer on where you serve your federal sentence can delay your release from federal custody. Instead of being released directly, you may be transported to the jurisdiction with the detainer to address the pending charges or cases.
Ultimately, the decision regarding your placement within the federal prison system, including whether you are eligible for a camp, will depend on various factors, including the nature of your charges, your criminal history, and the policies and guidelines of the BOP.
If you have a detainer, rather than being placed in a minimum-security camp after completing your federal sentence, you will likely be transferred to the jurisdiction which issued the detainer.
If you or your loved one might be affected by a current or potential detainer, please call me. We have helped many people, including foreign nationals, not only address their detainers so that they can be housed in camps, but also to avoid deportation and remain with their families here in the US.