LDF Applauds President Biden’s Historic Clemency Announcement for People Incarcerated on Non-Violent Drug Offenses

Read a PDF of our statement here.

Today, President Biden commuted the sentences of thousands of people incarcerated under racially disparate sentencing schemes, including those resulting from the War on Drugs, and many more who are serving sentences they would not receive under today's law and the Biden Administration's policies. This act of clemency will result in sentencing reductions for nearly 2,500 people.

Many of the clemency recipients are people incarcerated under crack offenses at the 18:1 crack to powder cocaine ratio. In 1986, a draconian federal mandatory minimum sentencing scheme was established, resulting in individuals being more harshly sentenced for crack cocaine compared to those convicted of the same offenses involving powder cocaine. A 5-year mandatory minimum federal prison sentence would be carried regardless of whether a person was convicted of distributing 5 grams of crack cocaine or 500 grams of powder cocaine.

The president also announced commutations for individuals with certain sentencing enhancements for drug-related offenses as well as the sentences of incarcerated people who are elderly and incarcerated for offenses that occurred before November 1, 1987. These individuals will finally be able to return to their communities to live out the remainder of their lives with dignity.

In response, LDF President and Director-Counsel Janai Nelson issued the following statement:

"Today President Biden announced a historic and unprecedented exercise of executive clemency that has helped to correct the excessively long sentences of thousands. This act of compassion meaningfully confronts the disturbing, inhumane ways in which Black people were systemically targeted and incarcerated in the so-called War on Drugs. The Biden administration has long acknowledged the horrific and disproportionate impact of crack cocaine sentencing schemes on Black people. For the last 38 years, Black people have faced lengthy, disparate sentences for crack offenses, and this momentous act is a critical step towards redressing this long history of injustice.

"The bold, data informed actions that President Biden has taken in the waning moments of his administration are remarkable examples of how clemency powers can be exercised judicially to right historic wrongs and advance racial justice. While today's act of clemency will finally grant relief to those incarcerated under an inequitable sentencing scheme, Congress must pass the EQUAL Act to ensure that crack and powder cocaine sentences are weighed equally and fairly in all future cases. With thousands of people rightfully returning to their home communities following their release, we also call on the federal government to provide access to the full array of services and programs they will need to regain their full citizenship, fully reenter society, and positively contribute to their communities."

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Founded in 1940, the Legal Defense Fund (LDF) is the nation's first civil rights law organization. LDF's Thurgood Marshall Institute is a multi-disciplinary and collaborative hub within LDF that launches targeted campaigns and undertakes innovative research to shape the civil rights narrative. In media attributions, please refer to us as the Legal Defense Fund or LDF. Please note that LDF has been completely separate from the National Association for the Advancement of Colored People (NAACP) since 1957-although LDF was originally founded by the NAACP and shares its commitment to equal rights.