Members of Congress Ask Biden to Use Clemency Powers Broadly During Final Days in Office

Sixty-six members of Congress are asking President Joe Biden (D) to use his clemency powers during the final months of his presidency to “address longstanding injustices” in the U.S. legal system and set the “nation on the path toward ending mass incarceration.” 

In a letter dated November 20, the authors note that there are nearly 2 million people imprisoned in the U.S. and that “People of color are disproportionately put behind bars, along with individuals from low-income communities, LGBTQIA+ folks, and those with disabilities.” 

“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.” — Nov. 20 letter to Biden 

The signatories write that the annual cost to taxpayers to keep people imprisoned is $182 billion – more than double the entire Department of Education Budget.   

“Our country is 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. “In our growing federal prison population, 90% of people are convicted of non-violent offenses. The reliance on incarceration in our legal system has created a crisis that must be addressed.” 

In 2022 and 2023, Biden issued mass pardons for all federal cannabis possession convictions. The letter urges Biden to use his clemency powers “to help broad classes of people and cases, including the elderly and chronically ill, those on death row, people with unjustified sentencing disparities, and women who were punished for defending themselves against their abusers.”