Over 60 members of Congress have urged President Joe Biden to use his presidential clemency powers to address the ongoing crisis of mass incarceration in the United States, calling for a focus on reuniting families, correcting unjust sentencing policies, and tackling what they described as a deeply entrenched issue that is “eroding the soul of America.
With just 61 days remaining in his presidency, Biden has a critical opportunity to act by pardoning or commuting the sentences of those incarcerated. The letter, led by progressive figures such as Rep. Ayanna Pressley of Massachusetts and Rep. Jim Clyburn of South Carolina, emphasizes the urgency of using clemency to address the flaws in the criminal justice system before he leaves office.
“Now is the time to use your clemency authority to rectify unjust and unnecessary criminal laws passed by Congress and draconian sentences handed down by judges,” the letter urges.
Biden’s clemency powers represent one of his most tangible tools during the final stretch of his presidency. Since taking office, he has granted 25 pardons and 132 commutations, addressing offenses like simple possession of marijuana and military members court-martialed for their sexual orientation. However, there are still more than 12,000 petitions for commutation and nearly 4,000 pardon requests awaiting his decision.
Rep. Clyburn, who played a pivotal role in securing Biden’s 2020 Democratic nomination, stressed the importance of this moment. “So many people who are serving extensive sentences today are there because of crimes that are victimless. That is astonishing, and it should be dealt with,” he said during a press conference outside the Capitol.
The letter highlights specific groups of incarcerated individuals who are particularly deserving of clemency, including the 40 men on federal death row facing the threat of execution if Donald Trump returns to the White House. The letter also calls attention to women who were incarcerated after being forced into crime or self-defense due to abusive relationships, as well as those sentenced under the crack cocaine disparity established in the 1980s. At that time, crack cocaine offenses were met with harsher penalties than those involving powder cocaine, despite the drugs having nearly identical chemical compositions. This policy disproportionately affected Black communities, with crack use being more prevalent among Black individuals and powder cocaine more common in white communities. Although the Biden administration addressed this sentencing disparity in 2022, it did not provide relief for those already incarcerated.
“The mass incarceration crisis is one of our country’s greatest failures,” said Rep. Pressley, whose father was imprisoned during her childhood due to his struggles with drug addiction. “President Biden was elected with a mandate for making compassionate change, and he has the power to do so right now.