My mailbox has been full of people asking about Joe Giudice since that one site posted as if they are in contact with ICE officials over the fate of Joe Giudice. Recently, the same site erroneously post that Kristen Doubte had been demoted on Vanderpump Rules and before that they claimed Kenya Moore had been demoted on RHOA. All three lies were obvious to me because I understand the timing of all of these situations. In Kenya’s case, you don’t get demoted before filming even starts, not to mention she has the best storyline she’s ever had this season. With Kristen, you don’t get demoted in the first few weeks of filming. Demotions in reality shows occur in post production. That’s when they sit down and realize they don’t have enough film to feature some people and have a surprising amount of better footage for someone else. This is how “peaches are stolen.” This happened to two cast members of Shahs recently. Not during filming, but at the end when all the filming was complete except for pickups.
Now deportation is not a reality show, but it two has a long process that occurs with a final decision made at the end. The “post production” time for deportation comes when one has been locked up in and ICE facility for a while. ICE deportation centers are awful places and prisons by comparison are much nicer so Joe’s attorneys have been trying to limit his time in a deportation facility.
IF YOU CAN’T READ LONG DETAILED INFORMATION THE SHORT VERSION IS THAT NOTHING HAS CHANGED WITH REGARD TO JOE’S DEPORTATION. THE STORY YOU READ IS FALSE.
If you are interested in my receipts, the best place to start is last September when Joe lost the opportunity to participate in the alcohol program (RDAP) that would have shaved quite a bit of time off of his sentence.
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.
Lawyers for Joe were in court today arguing that Fort Dix is excluding him for the RDAP program which now pushes his release date out a year father to 3/14/19. Their motion also claimed that the prison is preventing him from fighting his scheduled deportation. The prison does not allow inmates to appear before immigration judges. According to the court document, other federal prisons allow inmates to challenge their deportations. The earliest he will be able to challenge the order is after his release to ICE in 2019. This is a problem because it takes years to challenge the detainer and his attorneys want to go ahead and get started on that.|He is not going to win a challenge against ICE. He will likely spend at LEAST two years in civil detainment. Then he will eventually be deported to Italy no earlier than 2021 and will not be allowed to return to the United States.
So again, the reason people spend so much time in the nasty ICE detention center is because their attorneys are fighting the detainer and due to the number of deportations and the limited number of judges the process usually takes years. So last September when Joe was not allowed into the RDAP program that was offered at Fort Dix, and because Fort Dix does not allow inmates to appear before immigration judges, his lawyers petitioned to have him transferred to Allenwood where he would be allowed to go to immigration court.
Joe was transferred to Allenwood fairly quickly after he was denied RDAP (due to his detainer and program overcrowding) so that his attorneys could begin the process of challenging his detainer. This is good news for Joe. The bad news for Joe is that his charges are considered “aggravated felonies” and this pretty much seals the deal that he will be deported unless his lawyers have some sort of miracle up their sleeve. However, if they start fighting his detainer now, a process that takes years, even when they decide to deport him anyway, this process is cutting down his time in the ICE detention center and expediting the process of him becoming a free man in Italy. Even if he exhausts all avenues to attempt to stay in the US, which is the most likely outcome of the immigration court process, he will still be released to ICE upon completion of his sentence to await his deportation. He just won’t have to sit in a deportation center for as long as he would have if he had to wait and begin the process on arrival at the center as he would have if he had stayed at Fort Dix.
So that is a very long explanation on why the news that is currently circulating is false. There has been no change in his deportation status since he was put on detainer in March shortly after he arrived at Fort Dix. ICE has been planning to deport him the entire time. He will have to serve his sentence here before he is deported. He will not be deported before his sentence is over. And the final deportation order is yet to be signed.
His current release date is March 14, 2019 at which point he will be held in the deportation center by ICE.