The United States Court of Appeals for the Fourth Circuit held that sovereign immunity protected the government from such a suit.

In a letter to Federal Bureau of Prisons (BOP) Director Michael Carvajal, Sens. Dick Durbin (D-IL) and Jon Ossoff (D-GA) requested a report on the federal prison system's current personnel and recruitment procedures. Published on November 3, 2021, the request is intended to give Congress a clear picture of the system's condition.

On October 30, 2021, a federal employee union filed a lawsuit challenging President Biden's vaccine mandate for federal employees in the U.S. District Court for the Southern District of Florida. The case aims to invalidate the Executive Order and subsequent guidance from the Safer Federal Workforce Task Force (Task Force) and the Office of Personnel Management (OPM).

The Federal Bureau of Prisons (BOP) has offered the COVID-19 vaccine to its entire workforce, but just 49 percent have accepted a vaccine as of last week. Meanwhile, other agencies are seeing their employees accept vaccines in larger numbers, causing members of Congress to question the Bureau of Prisons’ vaccine rollout plan. For example, as of last month, 72 percent of the Veterans Health Administration workforce had accepted the vaccine.

Congressman Fred Keller (R-PA) recently announced the creation of the bipartisan Bureau of Prisons (BOP) Reform Caucus. The BOP Caucus is meant to improve accountability and transparency, address systemic issues within the BOP system, and ensure the health and safety of corrections officers, staff, inmates, and the communities surrounding the prisons.