Extraordinary Times Call for Compelling Measures: Reforming the First Step Act\u27s Compassionate Release Mechanism for Noncitizen Detainees

Abstract

Year after year, America’s carceral state reaches new and more concerning heights. In this era of mass incarceration and criminalization of immigration status, imprisonment costs have skyrocketed, and the quality of life in prisons has plummeted. In response, Congress passed the First Step Act in 2018, which reformed federal sentencing practices. The First Step Act allows federal criminal defendants to request compassionate release, either for several enumerated reasons or for “extraordinary and compelling” circumstances. In the Federal Sentencing Commission’s new Sentencing Guidelines, federal courts have the discretion to define what circumstances fit under the catch-all provision defining “extraordinary and compelling” reasons. District courts must consider the policy objectives of the First Step Act in doing so. This Note argues that federal courts should use this power to deem post-release removability from the United States an “extraordinary and compelling” reason to grant compassionate release. Tracing the development of federal sentencing reform in tandem with the ever-intensifying immigration crisis, this Note offers part of a solution to both issues that ultimately serves the First Step Act’s overarching purpose