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Communications management unit
Communications management unit
Communications management unit
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A communications management unit (CMU) is a type of self-contained group within a facility in the United States Federal Bureau of Prisons that severely restricts, manages and monitors all outside communication (telephone, mail, visitation) of inmates in the unit.

Origins

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As part of the Bush Administration's War on Terrorism, the April 3, 2006, Federal Register included proposed rules by the Federal Bureau of Prisons (FBOP) that "Limited Communication for Terrorist Inmates".[1] The changes were in response to criticism that the FBOP had not been adequately monitoring the communications of prisoners, permitting several terrorists convicted for the 1993 World Trade Center bombing to send letters to other terrorists overseas. "By concentrating resources in this fashion, it will greatly enhance the agency's capabilities for language translation, content analysis and intelligence sharing", according to a government statement released with the rules.[2]

The public was given until June 2, 2006, to comment, as required by law. Civil liberty and human rights groups immediately questioned the constitutionality and stated that the provisions were so broad that they could be applied to non-terrorists, witnesses and detainees. The bureau appeared to abandon the program, but on December 11, 2006, a Communication Management Unit (CMU) was quietly implemented at Indiana's Federal Correctional Complex, Terre Haute. "From April to June 2010, the Federal Bureau of Prisons (BOP) opened up a period for public comment around the establishment of two Communications Management Units" with several civil rights groups and advocates "coming together to urge the federal Bureau of Prisons to close the experimental prison units."[3] It is unclear who authorized the program; it was either the Justice Department Office of Legal Counsel, FBOP Director Harley Lappin or United States Attorney General Alberto Gonzales.[4]

Communication restrictions

[edit]

Compared to other inmates, those placed in the CMU have little contact with the outside world. At least $14 million is spent on surveillance of the CMUs. A counterterrorism team in West Virginia monitors verbal communication remotely.[5]

Visitation

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The CMU permits nine hours per month, with contact, meaning the visitor and inmate are in separate rooms with viewing through a glass window and talking via telephone. All conversations must be in English unless special permission is granted 10 days in advance. In addition to the already imposed restrictions, CMU "prisoners are banned from any physical contact with visiting friends and family, including babies, infants, and minor children."[6]

Mail

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Non-CMU prisoners can usually send and receive unlimited mail, where incoming mail is checked for contraband, then delivered to the inmate. With the exception of correspondence with lawyers and the courts, letters sent to and from the CMU are read, copied and evaluated before being released, which results in delays of a week or more.[4]

Telephone

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Convicts in the general population are permitted 300 phone minutes per month; rules in the CMU allow one call per week, limited to 15 minutes, and it must be in English unless special permission is granted 10 days in advance. The duration of the single call can be reduced to 3 minutes at the discretion of the warden.[4]

CMU 1, Terre Haute, Indiana

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On February 25, 2007, The Washington Post reported the creation of a medium-security Communication Management Unit housing 213 inmates in Terre Haute. The staff monitors all telephone calls and mail, and requires that all inmate conversations occur in English unless special permission is arranged for conversations in other languages. It was physically situated in the former death row section, and all but two of the inmates are Arab Muslims, leading the American Civil Liberties Union (ACLU) to raise a concern about racial profiling. The ACLU also charged that the communication restrictions are unduly harsh for prisoners who are not sufficiently serious security threats to warrant placement in ADX Florence, the Supermax facility in Colorado.[2] In 2020 it housed between 60-70 prisoners.[7]

Current and former inmates include "American Taliban" John Walker Lindh,[8] the Lackawanna Six, Enaam Arnaout, Aldrich Ames, Brandon Russell,[9] Kirksey Nix and Martin Gottesfeld.

CMU 2, Marion, Illinois

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Although the Supermax facility is gone, the United States Penitentiary, Marion, in 2008 became home to the other known Communication Management Unit in the federal prison system.[10] The inmates are predominantly Arab Muslims, but it once housed Earth Liberation Front prisoner Daniel McGowan, after his involvement in two arsons at logging operations in Oregon. His sentence was given "terrorism enhancements" as authorized by the USA PATRIOT Act, during the Green Scare.[11][12]

Animal Liberation Front prisoner Walter Edmund Bond[13] was held at USP Marion CMU from January 2012 to March 2015.[14] Bond served 12 years and 3 months for three counts of arson in relation to the ALF.[15][16][17][18]

The Marion CMU also houses Richard Scutari, a former leader of the white supremacist revolutionary group The Order. Scutari was sentenced to a 60-year prison term in 1985. He was moved to the USP Marion CMU in July 2008.[19]

Traits of CMU and its prisoners

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A 2011 story by NPR reported 50 units and 71 inmates at CMUs. It also described open cells, and a basketball court. A lawyer from ACLU has been inside the Terre Haute CMU.[5] NPR also claimed to have identified dozens of inmates at the CMU and compiled a list on its website. The sorts of cases include:[20]

Ed Ross of the Bureau of Prisons said the units were designed for the following offenses:[5]

  • people convicted of terrorism,
  • prisoners who have dealt drugs
  • prisoners who tried to recruit or radicalize others
  • prisoners who have abused their communications privileges by harassing victims, judges and prosecutors

The Terre Haute CMU restricts Muslim group prayer to once per week (once per day during Ramadan) according to a 2010 lawsuit filed by inmates Enaam Arnaout and John Walker Lindh. The suit alleges that the prison violates religious rights to pray five times per day, in a ritually clean place, "preferably in a group".[8] On March 30, 2010, the Center for Constitutional Rights filed a lawsuit in the U.S. District Court for the District of Columbia on behalf of plaintiffs Yassin Muhiddin Aref, Avon Twitty, Daniel McGowan, Royal Jones, Kifah Jayyousi, Hedaya Jayyousi, and Jenny Synan "challenging policies and conditions at two experimental prison units that are being operated in Terre Haute, Indiana, and Marion, Illinois, as well as the circumstances under which they were established."[6] As of 2011, a lawyer for the Center for Constitutional Rights estimates the Muslim population of CMUs at roughly 70 percent. They are also barred from praying together.[5]

An ACLU lawsuit charged that CMUs of the federal prisons violate inmates' rights.[21] In a Democracy Now! Interview on June 25, 2009, animal rights activist Andrew Stepanian, a member of Stop Huntingdon Animal Cruelty (SHAC), talked about being jailed at the CMU. Stepanian is believed to be the first prisoner released from a CMU.[22]

See also

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References

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[edit]
Revisions and contributorsEdit on WikipediaRead on Wikipedia

Communications management unit

View on Grokipedia
from Grokipedia
A Communications Management Unit (CMU) is a restricted housing unit operated by the (BOP) to confine whose past or ongoing criminal activities necessitate intensive monitoring of their external communications to mitigate risks such as furtherance of , , or threats to public safety. These units limit ' phone calls, mail, and visits to recorded and reviewed formats, with no physical contact during visits, enabling staff to detect and interrupt potential illicit coordination. The BOP established the first CMU in December 2006 at the Federal Correctional Complex in , followed by a second at the United States Penitentiary in , in 2008, targeting individuals convicted of offenses like support, , or leadership where standard monitoring proved insufficient. Designation to a CMU occurs via a structured review process considering the inmate's offense history, disciplinary record, and assessed threat level, rather than categorical criteria, though placements have predominantly involved -related convictions. Inmates retain access to programming, , and , but under heightened to balance with rehabilitation. CMUs have faced legal scrutiny, with challenges alleging unconstitutional isolation or retaliatory assignment, yet federal courts have generally upheld their operations as rationally related to legitimate penological interests in preventing communication-based threats. Critics, including organizations, have contested the units' transparency and claimed disproportionate impact on Muslim inmates, but BOP maintains designations stem from individualized risk assessments, not religious profiling. As of recent data, the two CMUs house a small fraction of the population, emphasizing targeted control over broad segregation.

History

Origins and establishment

The (BOP) established the first Communications Management Unit (CMU) in December 2006 at the Federal Correctional Institution within the Federal Correctional Complex in . This self-contained housing unit was designed to enable staff to more effectively monitor and limit communications between inmates and the outside world, targeting those whose offenses, conduct, or verified activities necessitated heightened oversight to prevent threats to or public safety. The initiative addressed gaps in standard prison monitoring, particularly for inmates involved in terrorism-related convictions who had previously exploited privileges to direct external operations or incite others. A second CMU opened in March 2008 at the Penitentiary in , expanding the program's capacity to approximately 110 beds across both sites. These units were implemented without prior , formal , or established designation criteria, relying initially on internal BOP for placements. This approach drew criticism from advocates, who filed lawsuits alleging violations and disproportionate application to Muslim prisoners and non-violent activists, though BOP maintained the measures were security-driven and not punitive. Formal codification followed years of litigation and public scrutiny, with proposed regulations issued in April 2010 and final rules published on January 22, 2015, incorporating CMU descriptions into BOP policy under 28 CFR part 541, subpart E. These regulations affirmed the units' general population status while emphasizing communication restrictions, including live monitoring of calls and limited visitation, to balance security with inmate rights.

Expansion and formalization

Following the opening of the initial Communications Management Unit (CMU) at the Federal Correctional Complex in , in December 2006, the (BOP) expanded the program by establishing a second CMU at the Penitentiary in , in March 2008. This addition increased the system's capacity to monitor inmates whose offenses or activities necessitated close oversight of external communications, including those linked to , , or threats to , in response to prior lapses such as unmonitored correspondence by convicts. The expansion occurred administratively without initial public rulemaking, mirroring the secretive rollout of the Terre Haute unit, which drew subsequent legal challenges from advocacy groups alleging inadequate and overreach in designations. To address these concerns and provide a structured basis, the BOP initiated formalization efforts by publishing a proposed rule in the on April 6, 2010, outlining CMU purposes, placement criteria, communication restrictions, and operational protocols under 28 CFR part 540. The proposal solicited public comments from April 6 to June 7, 2010, receiving input primarily critical of the units' restrictive conditions and selection processes, though the BOP incorporated limited revisions such as enhanced procedures for designations. Further comment periods followed in 2014, leading to the final rule published on January 22, 2015, which codified the CMUs as a permanent administrative tool, emphasizing their role in balancing security with limited programming access while mandating individualized reviews. This regulatory framework replaced prior ad hoc implementation, enabling sustained operation amid ongoing scrutiny from organizations, though BOP data indicated the units housed fewer than 150 inmates total by the mid-2010s, focused on high-risk cases rather than mass segregation.

Locations

CMU at United States Penitentiary, Terre Haute

The Communications Management Unit (CMU) at the Federal Correctional Complex (FCC) in , was established by the (BOP) in December 2006 as the agency's first such specialized housing unit. Designed to hold inmates whose communications with the public pose risks to institutional security or public safety, the Terre Haute CMU consists of approximately 55 cells and typically houses 60 to 70 prisoners selected for heightened monitoring based on their offense conduct, such as terrorism-related activities or efforts to incite violence or coordinate crimes from incarceration. This placement criterion stems from verified information indicating the need to limit unmonitored external contacts to prevent real-world harms, rather than punitive isolation alone. Operations in the Terre Haute CMU emphasize comprehensive of all outbound communications to mitigate risks from high-threat . Outgoing non-legal is restricted to six sheets of paper per week addressed to a single recipient, with all correspondence opened, copied, and reviewed by staff before forwarding; incoming undergoes similar scrutiny. Telephone privileges allow up to three 15-minute calls per month to members, all recorded and monitored in real time, while legal calls remain unmonitored but logged. Visits are limited to four one-hour sessions per month, conducted without physical contact and under audio monitoring, confined to ; attorney visits follow standard BOP protocols but occur in monitored settings. These measures apply uniformly to ensure no evasion of oversight, as evidenced by incident reports for attempts to circumvent rules, such as improper handling. Inmates in the Terre Haute CMU receive programming comparable to the general , including educational courses, vocational , recreational activities, religious services, and medical or mental health care, though all occur within the segregated unit to maintain separation from other FCC Terre Haute inmates. The unit operates within the medium-security Federal Correctional Institution component of the FCC, which also encompasses the adjacent high-security Penitentiary, but CMU residents remain isolated from both to prioritize communication controls over general housing dynamics. This structure supports BOP objectives of orderly while addressing causal links between unchecked inmate outreach and external threats, such as coordinated terrorist plotting or directives observed in prior cases.

CMU at United States Penitentiary, Marion

The Communications Management Unit (CMU) at the United States Penitentiary (USP), Marion, Illinois, was established in March 2008 as the second such unit in the Federal Bureau of Prisons (BOP) system, following the initial CMU at USP Terre Haute in 2006. This self-contained housing unit operates within the medium-security USP Marion, a facility originally opened in 1963 and previously designated as a supermaximum-security prison until administrative changes in the mid-2000s shifted its primary classification. The Marion CMU was formalized through a BOP Institution Supplement dated March 20, 2008, designating it for inmates whose offense conduct, criminal history, or ongoing associations necessitate comprehensive monitoring of external communications to mitigate risks to public safety or institutional security. Unlike administrative segregation units, the Marion CMU functions as a general population housing area where inmates reside, eat, and engage in educational, recreational, religious, and programming activities confined to itself, promoting structured interaction among CMU residents under staff supervision. All communications are subject to heightened oversight: telephone calls are limited to an approved contact list (typically family and legal representatives), recorded, and monitored in real time or reviewed; incoming and outgoing mail is screened and may be copied or withheld if it violates restrictions; and visits are restricted to non-contact booths for up to four hours per month, with all interactions recorded via audio and video. Inmates receive single-occupancy cells but have out-of-cell time for unit-based recreation, such as limited access to a for group activities, distinguishing it from while prioritizing communication controls over general prison population integration. Placement in the Marion CMU targets male convicted of offenses involving , , or sophisticated criminal organizations, where post-conviction communications could facilitate threats, as determined by BOP referral processes involving assessments. The unit's capacity supports approximately 30 to 35 , contributing to the system's total of 60 to 70 across both CMUs, with provisions for periodic reviews allowing transfer to less restrictive housing upon demonstrated compliance and reduced risk. Operations emphasize security through these measures rather than punitive isolation, though advocacy groups have contested the proportionality of restrictions, citing cases like the 2021 transfer of analyst to Marion for whistleblower-related concerns. BOP evaluations, including program statements updated as of 2015, affirm the unit's role in enabling controlled reintegration opportunities while addressing empirical risks from unmonitored inmate outreach.

Designation and operations

Criteria for placement

Inmates may be designated to a Communications Management Unit (CMU) based on criteria established in 28 CFR § 540.201, which prioritize the need for enhanced monitoring of communications to mitigate risks to institutional , , or orderly operations. These criteria apply when the inmate's current offense of conviction, relevant conduct, or institutional activity demonstrates specific threats linked to communication. Designation is explicitly non-punitive and administrative, aimed at limiting unmonitored external contacts rather than as discipline. The specific criteria include:
  • The inmate's offense or conduct involves association or communication with individuals engaged in international or domestic terrorism.
  • The inmate's offense conduct or incarcerated activity indicates a substantial likelihood of encouraging or facilitating illegal activity through communication with community members.
  • The inmate has attempted, or shown a likelihood, to contact victims of their current offense(s).
  • The inmate has engaged in prohibited activity involving the misuse or abuse of approved communication methods while incarcerated.
  • Substantiated and credible evidence exists that the inmate poses a potential threat to prison safety, security, orderly operation, or public protection due to community communications.
Initial consideration for CMU placement begins upon the Bureau of Prisons (BOP) becoming aware of information meeting these criteria, often through Pre-Sentence Investigation Reports, judgments in criminal cases, Discipline Hearing Officer reports, Special Investigative Supervisor findings, or input from and courts. Referrals are coordinated by the BOP's Counter Terrorism Unit, which compiles documentation and forwards it to the Office of General Counsel for legal review before submission to the Assistant Director of the Correctional Programs Division, who holds sole authority for approval based on evidence of necessity for safety or public protection. Inmates receive at least 48 hours' notice of program reviews assessing ongoing suitability, with opportunities to attend and provide input, though final redesignation decisions follow a similar hierarchical process. Appeals of denials or redesignations are available through the BOP's Administrative Remedy Program.

Communication monitoring and restrictions

In Communications Management Units (CMUs), the (BOP) implements comprehensive monitoring of all communications with persons outside the facility, including telephone calls, mail, and visits, to ensure institutional safety, security, orderly operations, and protection of the public. This total monitoring regime is authorized under 28 CFR Part 540, Subpart J, which permits limitations on the volume, frequency, and methods of contact as necessary to achieve effective oversight, particularly for whose communications pose risks such as coordination of criminal activity or dissemination of extremist ideology. All non-privileged communications are subject to recording, , and review by staff, with content required to be in English or translated by approved interpreters if necessary. Telephone communications in CMUs are restricted to members only, limited to three calls per month, each not exceeding 15 minutes, and conducted during specified hours ( through from 8:00 a.m. to 8:00 p.m., and Sundays/holidays from 8:00 a.m. to 2:30 p.m., with no calls on Saturdays). These calls are fully monitored and recorded, with no unmonitored access except for privileged attorney communications involving active litigation needs. The BOP finalized these limits in a rule, increasing them from prior proposals (e.g., from one to three calls monthly) while maintaining monitoring to address concerns without waiving general federal regulations on inmate calls. Mail restrictions emphasize inspectability and volume control: general correspondence is capped at six double-sided pages per week sent to a single recipient, with all outgoing and incoming mail opened, inspected, and potentially read for threats. Special mail to courts, federal judges, attorneys, , the BOP, or faces no volume limits but is inspected in the inmate's presence to preserve privilege where applicable. Electronic messaging via BOP systems is further limited to two messages per week to one recipient, also subject to monitoring. These measures, codified in 2015, ensure that communications cannot circumvent oversight, though legal correspondence remains protected from content-based review. Visiting privileges are confined to immediate family, allowing up to four one-hour non-contact sessions per month (totaling no more than eight hours), scheduled Sunday through Friday with no Saturday access, and all interactions are audio-visually monitored and recorded. Contact visits are prohibited for non-attorney visitors to prevent unmonitored exchanges, while attorney visits permit physical contact but are limited to visual monitoring without audio surveillance to uphold privilege. This framework, implemented via BOP Program Statement 5214.02, reflects a balance intended to facilitate limited family ties under strict controls, with the 2015 adjustments expanding from one to four visits monthly in response to operational reviews.

Inmate programming and conditions

Inmates in Communications Management Units (CMUs) are housed in general population settings, with access to standard conditions of confinement including adequate living quarters, bedding, clothing, personal hygiene items, nutritious meals, and medical and care services. These units feature typical high-security cell configurations, though segregated housing may be used for or disciplinary segregation as needed for institutional safety. Visitation is conducted on a no-contact basis to facilitate monitoring, with inmates permitted up to four one-hour visits per month. All non-privileged communications—such as correspondence (limited to six double-sided pieces of paper per week), calls (three 15-minute calls per month), and electronic messages (two per week)—are subject to live monitoring and must occur in English or through , though no volume restrictions apply to contacts with courts, attorneys, or officials. Programming in CMUs aligns with Bureau of Prisons policies for general population units, emphasizing containment within the unit to manage security risks associated with inmate communications. Inmates participate in unit-based educational programs, including literacy classes, English as a (ESL) instruction, and (GED) preparation, as mandated under federal law requiring at least 240 hours of instruction for eligible non-high school graduates. Library services and vocational technical training are available, supporting skill development without external community involvement. Work assignments are limited to institutional roles such as orderlies for , food service, and equipment maintenance, determined by the unit team to maintain operational needs. Recreational and religious activities provide structured outlets for , with daily periods allowing outdoor exercise (weather permitting), indoor passive and active pursuits, , and access to televisions and movies in common areas. and wellness programs, including like and ceramics, are offered during time. Religious practices, such as and , are accommodated per federal regulations, enabling to pursue their beliefs through unit-managed services. These elements collectively support rehabilitation goals, though participation remains internal to the CMU to align with heightened communication oversight.

Prisoner population

Demographic characteristics

The Communications Management Units (CMUs) exclusively house male inmates, as they are located within high-security United States Penitentiary facilities designated for male prisoners. CMU populations feature a disproportionate share of Muslim inmates relative to the federal prison system, where Muslims comprise about 6% of the total inmate population. Upon establishment in 2006–2008, approximately 70% of CMU inmates were reported to be Muslim men. By 2022–2023, this had declined to 35%, amid a 140% overall increase in CMU population size from 2007 levels, yet remaining elevated compared to the general federal prison demographic. Facility-specific data indicate that at USP Terre Haute, roughly two-thirds of CMU inmates are Muslim, while at USP Marion, the figure stands at 72%—yielding overrepresentations of 1,000% to 1,200% relative to national federal prison averages. These statistics derive from Freedom of Information Act requests and litigation documents analyzed by advocacy organizations, as the Bureau of Prisons does not publicly release granular CMU demographic breakdowns.

Security rationales for confinement

The security rationales for confining inmates to Communications Management Units (CMUs) center on the need for comprehensive monitoring of their external communications to mitigate risks to institutional safety, public protection, and . According to Bureau of Prisons (BOP) policy, CMUs house inmates whose offenses, conduct, or verified information indicate a propensity to use communications for harmful purposes, such as directing illegal activities that cannot be adequately addressed through standard monitoring in general population settings. This confinement enables staff to oversee all inmate contacts— including mail, telephone calls, and visits—preventing the dissemination of coded messages or instructions that could facilitate , operations, or other threats. Specific threats justifying CMU placement include involvement in terrorism-related offenses, where inmates may attempt to incite radicalization, coordinate attacks, or maintain operational links to external networks. For instance, historical cases demonstrate the dangers: El Sayyid Nosair, convicted in connection with the 1990 assassination of Kahane, used prison communications to suggest further terrorist operations, while Sheikh , the "Blind Sheikh" convicted for plotting to bomb landmarks, issued fatwas from incarceration that spurred attacks like the 1997 shootings of tourists in , . Other rationales encompass attempts to contact victims, misuse of communication privileges (e.g., smuggling instructions), or evidence of facilitating broader criminal enterprises, all of which pose verifiable risks to facility order and external safety when unmonitored. BOP assessments prioritize these factors, requiring documented evidence of high-impact communication risks before designation. Confinement in CMUs addresses these rationales by imposing structured limits—such as one 15-minute and four hours of visits per month, with all correspondence restricted to monitored formats—that allow for real-time threat detection without relying on intermittent reviews. This approach stems from judicial precedents recognizing prisons' interests in curtailing communications that undermine security, as affirmed in cases like Turner v. Safley (1987), and responds to post-9/11 intelligence indicating incarcerated extremists' roles in ongoing plots. By segregating such inmates, CMUs reduce the potential for indirect harms, such as third-party relays of directives, thereby safeguarding both correctional operations and the public from empirically demonstrated communication-based threats.

Controversies

Prisoners housed in Communications Management Units (CMUs) have mounted several legal challenges primarily alleging violations of , First Amendment rights, and the (APA) in their placement and conditions of confinement. In 2010, a class-action , Aref v. Holder, was filed in the U.S. District Court for the District of Columbia by the Center for Constitutional Rights (CCR) on behalf of current and former CMU inmates, including Yassin Aref, convicted in 2006 for providing material support to . The suit contended that the (BOP) created the CMUs secretly between 2006 and 2008 without public rulemaking under the APA, imposed excessive restrictions on communications and visits without adequate notice or hearings, and retaliated against inmates for protected speech. In 2011, the district court partially dismissed the case, ruling that CMU placements did not implicate a protected liberty interest under the because the units' conditions—such as monitored communications and limited quarterly non-contact visits—did not impose an "atypical and significant hardship" compared to general population or administrative segregation, per Sandin v. Conner (1995). Subsequent appeals yielded mixed results. In 2016, the U.S. Court of Appeals for the D.C. Circuit reinstated portions of the lawsuit, finding that plaintiffs plausibly alleged APA violations in the CMUs' creation and certain monitoring practices exceeding BOP discretion. The remanded for further proceedings on claims of arbitrary placement decisions and overbroad restrictions, including full monitoring of all mail, calls, and visits, which plaintiffs argued stifled and rehabilitation. A appeal by a former CMU inmate argued that long-term retention without periodic review violated , but the D.C. Circuit upheld the lack of a general interest in avoiding CMU transfer, emphasizing BOP's broad authority over security classifications for high-risk inmates involved in or . have consistently deferred to BOP rationales that CMUs enable targeted monitoring of communications to prevent threats, without necessitating adversarial hearings, as placements are administrative rather than punitive. No federal has invalidated the CMU program outright, and operations persist at facilities like USP Terre Haute and USP Marion as of 2025. Advocacy organizations, including the ACLU and CCR, have criticized CMUs as "domestic Guantánamos" for disproportionately housing Muslim inmates—comprising over 90% of the population in some reports—and fostering isolation through severe communication limits, such as denying physical contact during the sole annual family visit and scrutinizing all outgoing correspondence. These groups allege religious and viewpoint , citing cases like that of Sabri Benkahla, transferred to a CMU despite no , and argue that restrictions hinder rehabilitation and impose psychological harm without evidence of reduced risks. has echoed concerns in a 2014 report, claiming CMU conditions exacerbate issues and family separation for "low-threat" prisoners, though the report relies heavily on self-reported inmate accounts without independent verification of security justifications. Critics from these organizations, often aligned with broader challenges to post-9/11 policies, contend the units prioritize over evidence-based , but BOP data indicates placements target individuals with documented histories of using communications for illicit coordination, such as s, underscoring the units' role in mitigating ongoing threats rather than punitive isolation. Such advocacy has prompted congressional inquiries but no legislative reforms mandating CMU closure, as judicial deference to prison security needs prevails.

Evidence of necessity and outcomes

The establishment of Communications Management Units (CMUs) was justified by documented instances of incarcerated individuals using communications to incite or coordinate terrorist activities, necessitating enhanced monitoring to mitigate risks to institutional security and public safety. For example, El Sayyid Nosair, imprisoned for the 1990 murder of Rabbi Meir Kahane, communicated with followers during visits at Rikers Island and Attica State Prison, suggesting operations including murders and recording messages to promote violence. Similarly, Sheikh Omar Abdel Rahman, convicted in connection with 1993 World Trade Center bombing plots, urged followers to wage jihad from prison, contributing to subsequent attacks such as the 1997 shootings of New York tourists. These cases, along with judicial recognition of the dangers posed by coded or indirect prisoner messages, underscored the limitations of standard monitoring in general population settings, where high volumes of unmonitored or partially monitored communications could enable threats. The Federal Bureau of Prisons (BOP) policy designates CMUs for inmates whose offenses involve terrorism-related coordination via communication or who have histories of misusing contact with the community to threaten security, enabling total monitoring of phone calls, mail, visits, and electronic messages to address these vulnerabilities. Outcomes of CMU operations reflect partial effectiveness in concentrated monitoring but reveal implementation gaps that limit overall impact. BOP efforts in CMUs have achieved high monitoring rates for certain channels, such as 99% of high-risk inmate emails at select facilities between August 2017 and February 2018, and identified 100 encounters between inmates and known or suspected terrorists through visitor screening over four years. Additionally, 10 of 123 terrorist inmates received discipline for 12 postage mail violations over five years, indicating detection of prohibited activities. However, a 2020 audit of BOP monitoring practices, including in CMUs, found deficiencies such as inadequate equipment for overhearing cellblock conversations due to poor audio quality, resulting in thousands of unmonitored emails (over 7,000 from January 2015 to December 2017) and partial monitoring of only 26.3% of 14,114 terrorist inmate phone calls from January 2015 to September 2017. Circumvention tactics, like call forwarding on the TRUFONE system, and unmonitored mail (2,329 pieces for high-risk inmates from 2015-2017) further compromised effectiveness, though no specific public data quantifies prevented incidents attributable to CMU-specific interventions. These results suggest CMUs concentrate resources on high-risk populations but require technological and procedural improvements to fully realize their security objectives.

References

  1. https://www.bop.gov/policy/progstat/5214_002.pdf
  2. https://www.federalregister.gov/documents/2015/01/22/2015-01024/communications-management-units
  3. https://www.ecfr.gov/current/title-28/chapter-V/subchapter-C/part-540/subpart-J
  4. https://www.bop.gov/about/history/timeline.jsp
  5. https://media.cadc.uscourts.gov/opinions/docs/2016/08/15-5154-1631155.pdf
  6. https://www.forbes.com/sites/walterpavlo/2020/10/27/life-inside-federal-prisons-communications-management-unit/
  7. https://ccrjustice.org/home/get-involved/tools-resources/fact-sheets-and-faqs/cmus-federal-prison-system-s-experiment-group
  8. https://www.federalregister.gov/documents/2010/04/06/2010-7728/communication-management-units
  9. https://theappeal.org/little-guantanamo-communication-management-units-cmus/
  10. https://www.brennancenter.org/our-work/analysis-opinion/time-fix-communication-management-units-prisons
  11. https://www.indianapolismonthly.com/news-and-opinion/politics/the-terre-haute-experiment/
  12. https://www.federalregister.gov/documents/2014/03/10/2014-05083/communication-management-units
  13. https://www.bop.gov/locations/institutions/mar/
  14. https://www.prisonlegalnews.org/media/publications/bop_marion_cmu_institution_supplement_2008.pdf
  15. https://www.law.cornell.edu/cfr/text/28/540.201
  16. https://www.ecfr.gov/current/title-28/section-540.204
  17. https://www.ecfr.gov/current/title-28/section-540.205
  18. https://www.bop.gov/resources/pdfs/legal_guide_march_2019.pdf
  19. https://www.thenation.com/article/society/little-guantanamo-cmu-expansion/
  20. https://www.cair.com/government_affairs/federal-prison-communications-management-units/
  21. https://ccrjustice.org/home/what-we-do/our-cases/aref-v-garland
  22. https://www.govinfo.gov/content/pkg/USCOURTS-dcd-1_10-cv-00539/pdf/USCOURTS-dcd-1_10-cv-00539-0.pdf
  23. https://www.prisonlegalnews.org/news/2011/oct/15/dc-district-court-partially-dismisses-lawsuit-by-bop-cmu-prisoners/
  24. https://ccrjustice.org/home/press-center/press-releases/court-rules-prisoners-challenge-secretive-federal-prison-units
  25. https://www.rightsanddissent.org/news/circuit-court-weighs-appeals-in-communication-management-units-prison-case/
  26. https://ccrjustice.org/home/press-center/press-releases/former-prisoner-federal-communications-management-unit-seeks
  27. https://case-law.vlex.com/vid/aref-v-holder-civil-892921000
  28. https://cases.justia.com/federal/district-courts/indiana/insdce/2:2025cv00224/221622/15/0.pdf
  29. https://www.law.com/nationallawjournal/almID/1202431571278/
  30. https://www.aclu.org/wp-content/uploads/legal-documents/benkahlavbop_amendedcomplaint.pdf
  31. https://www.hrw.org/reports/usterrorism0714_ForUpload_0_0.pdf
  32. https://www.courthousenews.com/appeal-contests-muslim-heavy-prison-units/
  33. https://www.npr.org/2011/03/03/134168714/guantanamo-north-inside-u-s-secretive-prisons
  34. https://www.law.berkeley.edu/wp-content/uploads/2021/02/EOUSARecord-Report-AuditOfBOPMonitoringInmateCommunicationsPreventRadicalization-032020.pdf
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