Another day, another Giudice drama! This time Joe Giudice, who has been cooling his heels in prison after a money fraud situation went terribly awry, has been barred from the prison’s alcohol abuse treatment program over his immigration status.
Despite living in America since he was a baby, and marrying American citizen Teresa Giudice, Joe never completed his citizenship requirements and is currently eligible for deportation once his 41 month prison sentence ends. Last year Joe entered Fort Dix correctional facility and was placed in a special unit for substance abuse. At his sentencing hearing, the Real Housewives Of New Jersey star told the judge that he his drinking was out of control as a result of the legal issues, Teresa’s prison sentence, and the sudden loss of his father.
The biggest incentive however is that completion of the drug and alcohol abuse program could shave up to a year off Joe’s prison sentence and potentially see him being released next year, instead of Spring 2019 as planned. Except small snafu: the Courier Post reports that U.S. Immigration and Customs Enforcement (ICE) “placed a detainer” on Joe, which means they can take custody of immediately after his sentence ends and whisk him away to a deportation hearing. This detainer classifies Joe as an “immigration enforcement priority” because he was convicted of an “aggravated felony.”
RELATED – Teresa Continues To Stand By Her Man
I wonder how Teresa feels about her old Celebrity Apprentice boss Donald Trump‘s immigration plans now that he’s president? Perhaps the now-President Trump could even pardon Joe! Oh that could be an exciting Bravo special. I digress…
In a new court filing arguing for rehab services, Joe claims prison authorities are improperly exploiting the ICE detainer to prevent him from receiving the treatment from the Fort Dix Residential Drug Abuse Program (RDAP). Basically, Joe is taking the prison to court!
Joe challenges that just because “he may be subject to removal proceedings at the conclusion of his sentence,” he cannot be excluded. However Fort Dix’s website states that inmates aren’t eligible for the RDAP program if they’re unable to complete the “community treatment component” upon release. In Joe’s case, since he could be detained by immigration (and ultimately deported), he could be unable to fulfill that requirement. Joe doesn’t think the nebulous future is a reason to bar him from treatment the judge agreed he needed.
Joe also argues that he’s not able to fight the proposed deportation while incarcerated because the prison won’t allow their inmates to appear before immigration judges. Joe attests that other federal prisons do allow this and he wants that same option. Essentially he’s unable to try and have the detainer removed or suspended, which would then open up his eligibility for the RDAP program.
Joe requested Fort Dix because it was close to where Teresa and his daughters live, and would make visitation easier. Guess – as in all things – Joe should’ve done his research first!
But, here’s the most interesting part – Joe’s filing insists he’s not “seeking to set aside his conviction or be re-sentenced ‘unless the court deems that an appropriate remedy.’” Hmmm… Joe’s attorney could not be reached for comment. Joe and Teresa are also suing their former bankruptcy attorneys.
TELL US – DO YOU THINK JOE SHOULD BE ELIGIBLE FOR SERVICES?
[Photo Credit: Bravo]