There was a very interesting AP report today concerning Joe Giudice and his future release from prison. The big news is that ICE has already placed a detainer on him and they will be deporting him to Italy.
The rest of the news all is the result of that retainer. Here is what I said about the retainer and how it effects his RDAP program in a very lengthy post on the subject you can read here.
So, to summarize, Joe could well get into the RDAP despite his illegal status in the country as a non-citizen; however, the only result of that would be to move him into an ICE facility a year earlier. It’s still a good gig for him if he can get it with regard to moving out of prison sooner, but most likely he will be spend at least a couple of years awaiting deportation in an immigration detention facility. If he gets lucky, and is admitted into RDAP, and earns all his good time his release date will be 3/14/18. That’s a week short of two years.And then, he will be in the deportation center for most likely at least that long, in which case it highly likely that the next time he is a free man will be no earlier than 2020 and he will be in Italy when it happens with no possibility for a visa to return.