In a powerful letter dated November 20, sixty-six members of Congress urged President Joe Biden to use his clemency powers during the final months of his presidency to tackle systemic injustices and reduce mass incarceration in the United States.
The letter highlights the staggering statistic that nearly 2 million people are imprisoned in the U.S., with marginalized groups—including people of color, individuals from low-income communities, LGBTQIA+ individuals, and those with disabilities—disproportionately represented. The authors emphasize the toll on taxpayers, pointing to the $182 billion annual cost of incarceration, which surpasses the entire Department of Education budget.
The members of Congress describe mass incarceration as a crisis that destabilizes families, perpetuates intergenerational trauma, and undermines public trust in the rule of law:
“The bloated prison system reflects and emboldens biases that undermine the ideals of our nation and diminishes trust in the rule of law. Mass incarceration attacks the most vulnerable Americans, thereby destabilizing families and inflicting intergenerational trauma.”
The lawmakers call attention to the fact that 90% of the growing federal prison population consists of individuals convicted of non-violent offenses. They argue that clemency could help address unjustified sentencing disparities and support vulnerable populations, including the elderly, chronically ill, those on death row, and women punished for defending themselves against abusers.
President Biden has previously taken steps toward reform by issuing mass pardons in 2022 and 2023 for federal cannabis possession convictions. The letter urges him to expand his clemency efforts to include broader classes of cases, reflecting a deeper commitment to addressing the structural inequities of the U.S. legal system.
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