Reforming Our Incarceration System To Eliminate the Use of Privately Operated Criminal Detention Facilities

This executive order directs the Attorney General not to renew Department of Justice contracts with privately operated criminal detention facilities, aiming to phase out federal reliance on for-profit prisons. It establishes a policy prioritizing rehabilitation, safety, and reduced incarceration levels over profit-based incentives in the federal criminal justice system.

Federal Register Open PDF 86 FR 7483

Key directives

Attorney General shall not renew DOJ contracts with privately operated criminal detention facilities
Implementation consistent with applicable law
Subject to availability of appropriations

Who is ordered

Attorney General · Department of Justice

Timeline

Immediate

Policy declaration against private prison contracts
Directive to Attorney General on non-renewal

Near term (90d)

DOJ review of existing contract expiration dates
Assessment of capacity needs for federal facility transfers

Long term

Gradual phase-out as contracts expire without renewal
Potential shift of incarcerated population to federal facilities
Long-term rehabilitation program expansion

Risks & tensions

No explicit deadline or phase-out timeline creates uncertainty about pace of transition
Capacity constraints in federal facilities may complicate non-renewal
Subject to appropriations clause may limit implementation if Congress does not fund expansion
Does not affect existing contracts until natural expiration; immediate impact limited
Private prison companies may seek legal challenges on contract law grounds
Unclear whether this applies to ICE detention facilities (not DOJ) — text specifies DOJ contracts only