Thousands of Americans are serving unfair prison sentences ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌

Dear John,

President Biden has an opportunity to correct grave injustices in U.S. prisons. Right now, thousands of Americans are serving disproportionately long sentences — a legacy of the “war on drugs” era. Thousands are serving the remainder of their sentences at home, allowing them to reunite with their families and successfully reintegrate into their communities. And dozens await execution on federal death row.

Through his clemency power, the president can address long-standing racial disparities and prevent possible miscarriages of justice in drug-related sentencing and capital punishment. Send a message telling Biden to commute unfair sentences now.

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Members of Congress, reform advocates, and religious leaders have come together to urge Biden to commute the sentences of the 40 individuals currently on federal death row to life in prison without parole. Widespread evidence suggests that the death penalty is applied in a racially disparate way, and the finality of the punishment prevents valid claims of innocence from advancing in the courts.

Beyond death row, several thousand Americans convicted of past drug offenses are serving excessively long sentences that would be significantly lower under current laws. The Biden-endorsed EQUAL Act sought to eliminate the generational sentencing disparity between crack and powder cocaine — a policy that has disproportionately harmed communities of color. But since this legislation failed to pass, these individuals remain in prison under outdated and overly harsh sentences.

During the pandemic, the federal Bureau of Prisons moved more than 13,000 medically vulnerable people to home confinement under a law passed by Congress. These individuals were approved for release based on strict criteria approved by then–attorney general Bill Barr. More than 99 percent have been law-abiding members of the community for almost five years. Today, there are about 1,500 people remaining on home confinement under this program, but they could be sent back to prison under a new attorney general. Biden should commute these sentences.

In his final weeks in office, President Biden can reaffirm his commitment to a fairer justice system by commuting these sentences. Will you send a message to the White House now?

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Thank you for taking action,
The Brennan Center for Justice









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Brennan Center for Justice at NYU School of Law

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