The Trump administration is implementing sweeping changes in both culture and policy leaving many in … [+]
Donald Trump, as promised, has wasted no time implementing changes throughout the federal government. Nowhere have these changes been more dramatic than at the Federal Bureau of Prisons (BOP).
For years, the BOP has struggled with chronic understaffing, deteriorating infrastructure, and frequent leadership turnover. While the federal prison population has declined from a peak of over 220,000 in 2013 to just over 150,000 today, the agency’s budget has continued to grow. In 2024, the BOP operated with an $8.3 billion budget—one of the largest within the Department of Justice—yet continued to claim a need for additional funding. Under the Trump administration, such increases are unlikely. Even before Trump’s inauguration, the BOP announced the closure of seven prison facilities in December.
Currently, the BOP is without a permanent director. Colette Peters resigned on Trump’s first day in office, leaving Acting Director William Lathrop to manage the agency amid a flurry of rapid changes. Both Lathrop and the American Federation of Government Employees (AFGE), which represents many frontline BOP staff, have had little time to respond to the ongoing policy shifts.
“Deferred Resignation” Offer Raises Concerns
One of the most significant and controversial developments has been the Trump administration’s offer of “deferred resignation” to 2.3 million federal employees, including those at the BOP. This program offers eight months of severance pay to employees who choose to resign. The move has been met with confusion, particularly within the BOP, where staffing shortages are already a critical issue.
When employees sought clarification, the Office of Personnel Management (OPM) released a follow-up email on January 30, 2025, outlining details in an FAQ format:
Q: Am I expected to work at my government job during the deferred resignation period?
A: No.
Q: Am I allowed to get a second job during the deferred resignation period?
A: Absolutely! We encourage you to find a job in the private sector as soon as you would like to do so. The way to greater American prosperity is encouraging people to move from lower productivity jobs in the public sector to higher productivity jobs in the private sector.
Q: Will I really get my full pay and benefits during the entire period through September 30, even if I get a second job?
A: Yes. You will also accrue further personal leave days, vacation days, etc. and be paid out for unused leave at your final resignation date.
Q: Can I take an extended vacation while on administrative leave?
A: You are most welcome stay at home and relax or to travel to your dream destination. Whatever you would like.
Many BOP employees found these responses vague and lacking the usual government procedural guidance. The AFGE responded with a strong statement condemning the policy, saying:
“Purging the federal government of dedicated career civil servants will have vast, unintended consequences that will cause chaos for the Americans who depend on a functioning federal government. This offer should not be viewed as voluntary. Between the flurry of anti-worker executive orders and policies, it is clear that the Trump administration’s goal is to turn the federal government into a toxic environment where workers cannot stay even if they want to.”
The union has since filed a lawsuit challenging what it describes as an attempt to politicize the civil service through executive orders.
BOP Employees to Take on Immigration Enforcement Duties
Adding to the uncertainty, on January 25, 2025, the Acting Attorney General authorized BOP law enforcement officers to perform certain immigration enforcement functions. These include investigating, locating, and apprehending undocumented individuals. Training for this new responsibility has yet to be scheduled, but many BOP employees—already stretched thin due to understaffing—worry about how they will balance this additional workload.
The BOP has been asked to participate in federal actions in the past. During the first Trump administration the BOP’s Special Operations Response Team (SORT), which usually handles prison disturbances, was ordered to participate in quelling the Lafayette Park protest in the summer of 2020 near the White House.
Disruptions to BOP Policies and Online Resources
Changes within the BOP have extended beyond personnel and responsibilities. The agency’s website, a critical resource for legal professionals and families seeking inmate information, has been significantly affected. A notification on the site now reads:
“Policy and Forms Temporarily Unavailable – This content is temporarily unavailable as we implement the Executive Order on ‘Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.'”
This unexpected removal of policies has caused widespread concern among attorneys, advocacy groups, and BOP staff who rely on these guidelines for daily operations. The National Association of Criminal Defense Lawyers’ listserv has been inundated with attorneys seeking alternative ways to access essential BOP policies, but no timeline has been provided for their return.
Alix McLearen, a former BOP official who retired in September 2024 and now consults for Prisonology (full disclosure I also work at Prisonology), expressed deep concerns about the removal of transgender policies:
“How terrifying it must be to be a person in federal prison who identifies as transgender now. Removing policy without proper diligence is dangerous and does little to defend women. This harms people while benefiting no one and leaves correctional staff with no guidance.”
The Urgent Need for Leadership
With no permanent director in place, the BOP faces mounting challenges. Morale among staff—already low before the transition—has plummeted further amid uncertainty over job security, policy upheavals, and shifting responsibilities. The appointment of a new director will be critical in stabilizing the agency and addressing concerns among both employees and the incarcerated population.
Attorney General nominee Pam Bondi has indicated that implementing the First Step Act—a key criminal justice reform law signed by Trump in 2018—remains a priority. However, the ongoing administrative changes may further delay the law’s implementation, which has already faced setbacks due to lack of halfway house space and other logistical issues.
Looking Ahead
As the Trump administration continues its sweeping reforms, the BOP remains in a state of flux. With staffing shortages, operational disruptions, and mounting legal challenges, the agency faces a difficult road ahead. The confirmation of a new Attorney General and BOP director in the coming weeks will be critical in determining the agency’s future direction. Until then, uncertainty remains the only constant at the Federal Bureau of Prisons.
