Congress Urges Biden to Use Clemency Powers in Final Days

Sixty-Six Members of Congress Urge President Biden to Use Clemency Powers for Criminal Justice Reform

In a significant move last week, sixty-six members of Congress penned a letter to President Joe Biden, urging him to use his clemency powers in the final months of his presidency. The lawmakers called on Biden to address what they describe as “longstanding injustices” within the U.S. legal system, emphasizing the urgent need to tackle mass incarceration, systemic racial disparities, and overburdened prison systems. The letter, dated November 20, highlighted the pressing issues within the criminal justice system and recommended specific steps the president could take to rectify these injustices.

A System in Crisis: The State of U.S. Incarceration

The letter begins by pointing out the staggering number of individuals currently incarcerated in the United States—nearly 2 million people. Of these, a disproportionate number are people of color, individuals from low-income communities, LGBTQIA+ individuals, and those with disabilities. These statistics have sparked growing concerns about the fairness and efficacy of the U.S. legal system.

“The bloated prison system reflects and emboldens biases that undermine the ideals of our nation and diminishes trust in the rule of law,” the letter reads. It goes on to argue that mass incarceration has detrimental effects, not only on the incarcerated individuals but also on their families and communities. The signatories highlight the intergenerational trauma caused by the disruption of family structures, especially in marginalized communities, which further destabilizes society.

Financial Burden: The Cost of Mass Incarceration

One of the more striking aspects of the letter is its focus on the financial costs associated with the U.S. prison system. The lawmakers note that the annual cost to taxpayers for maintaining the prison population is a staggering $182 billion—an amount that surpasses the entire budget of the Department of Education. The letter argues that this enormous expenditure is not justified, especially given that a large percentage of the incarcerated population—90%, according to the letter—are convicted of non-violent offenses.

“We are spending exorbitant amounts of money to keep people in prison for prolonged periods of time, including those who do not pose a significant public safety threat,” the letter states. This financial argument is meant to underscore the need for a reevaluation of the U.S. prison system and the policies that have led to such a high level of incarceration. Many lawmakers have long advocated for a shift away from punitive approaches toward criminal justice reform, with an emphasis on rehabilitation and alternative sentencing.

A History of Clemency: Biden’s Past Actions

President Biden has already taken steps to address some of the systemic issues in the criminal justice system. In 2022 and 2023, he issued a series of mass pardons for individuals convicted of federal cannabis possession offenses, reflecting his commitment to reforming drug policies. However, the letter urges Biden to go further by utilizing his clemency powers to address a broader range of issues, particularly those affecting marginalized groups.

The signatories suggest that Biden could grant clemency to individuals who are elderly or chronically ill, those on death row, people with unjustified sentencing disparities, and women who have been punished for defending themselves against their abusers. These recommendations reflect ongoing concerns over the disproportionate impact of the criminal justice system on vulnerable populations, particularly those who have been sentenced harshly or unjustly.

Specific Requests: Broadening Clemency Powers

The letter outlines several key groups that the members of Congress believe should be prioritized for clemency. These groups include:

Elderly and Chronically Ill Prisoners: Many of these individuals, the letter argues, no longer pose a public safety threat and should be considered for early release due to health concerns.

Individuals on Death Row: The signatories urge Biden to reconsider the fate of those on death row, especially in light of growing concerns about the fairness and accuracy of the death penalty system.

Sentencing Disparities: The letter calls for clemency for individuals who have been sentenced disproportionately or unfairly, particularly those whose sentences do not align with modern criminal justice standards.

Women Defending Themselves Against Abuse: The letter highlights the plight of women who have been incarcerated for defending themselves from abusive partners. Many of these women, according to the lawmakers, have faced disproportionately harsh sentences.

By urging Biden to exercise his clemency powers in these specific ways, the members of Congress hope to set a national precedent for addressing injustices within the legal system and provide a path forward for reducing the U.S. prison population.

Public Response and Implications

The letter has already sparked discussion among criminal justice reform advocates, who have long called for more substantial action on issues related to mass incarceration and racial inequality in the justice system. Many of these advocates see the letter as a significant step toward pushing the Biden administration to take more bold actions in its final years in office.

However, not all are in agreement with the proposed changes. Some critics argue that clemency for those convicted of serious crimes—particularly violent offenses—could undermine public safety and send the wrong message about accountability. The debate surrounding clemency and criminal justice reform has often been contentious, with differing opinions on how to balance fairness, rehabilitation, and public safety.

The Path Forward: What’s Next for Biden?

As the final months of President Biden’s presidency approach, the call for clemency is likely to intensify. While Biden has previously expressed support for criminal justice reform, it remains to be seen whether he will act on the recommendations outlined in the November 20 letter. For many, the hope is that these last months in office will be an opportunity for Biden to leave a lasting legacy in the fight for justice and equality.

The letter’s signatories, alongside their supporters, are eager to see the president use his clemency powers to effect meaningful change, not only for the individuals who would benefit directly from clemency but for the broader U.S. legal system. As the nation continues to grapple with the complexities of mass incarceration and racial disparities in the criminal justice system, the hope is that clemency could be one of many tools in the larger effort to create a more equitable legal system.

A Critical Moment in Criminal Justice Reform

The letter sent by sixty-six members of Congress represents a critical moment in the ongoing debate over criminal justice reform. By calling on President Biden to use his clemency powers, the lawmakers are emphasizing the need for bold action to address the deep-rooted issues of mass incarceration, racial bias, and over-incarceration in the United States. Whether or not the president chooses to act, the letter is a powerful reminder of the work still to be done in ensuring justice for all Americans.