Reps. Ocasio-Cortez, Omar, and Jesús G. "Chuy" García Lead Letter Calling on President Bidn to Extend Marijuana Pardon to Immigrants

WASHINGTON—Reps. Alexandria Ocasio-Cortez (D-NY), Ilhan Omar (D-MN), and Jesús G. “Chuy” García today led a letter to President Joe Biden asking his Administration to pardon allsimple marijuana possession offenses, regardless of immigration status, and prioritize decriminalizing and rescheduling marijuana and reopening the immigration cases of those who were deported for marijuana-related offenses.

They were joined by Reps. Bowman, Bush, Davis, Espaillat, Evans, Gomez, Barbara Lee, Newman, Norton, Schakowsky, Tlaib, Torres, Torries, Vargas, and Watson Coleman.

 “We write to commend you on your administration’s decision to pardon thousands of people convicted of marijuana possession under federal law and to review how marijuana is classified in the United States,” the Members wrote. “The decision is an essential step for our country’s promise of justice for all. Therefore, it is of utmost importance that the Administration pardon all simple marijuana possession offenses – regardless of immigration status.”

“For immigrants whose lives have been upended for simple marijuana possession, a pardon is only the first step in allowing them to rebuild their lives. That is why we also urge you to prioritize decriminalizing and descheduling marijuana and reopening the immigration cases of those who were deported for marijuana-related offenses. These actions would restore the lives and dignity of thousands of migrants who were deported for conduct that is now legal in varying capacities across 41 states,” they added.

On October 6th, President Biden announced he was pardoning thousands of people convicted of simple marijuana possession. However, the pardon left thousands of immigrants vulnerable to the risk of deportation for simple marijuana possession. 

Deportation not only upends the lives of those deported but also their families and communities. A study conducted by Syracuse University found that – between 2003 and 2018 – over 45,000 people were deported nationwide for simple marijuana possession. Continuing to deport immigrants for simple marijuana possession will only exacerbate racial disparities, traumatize families and communities vital to this country's fabric, and create ineffective legal regimes at taxpayers' expense. 

You can read the full letter here and below.

The Honorable Joseph R. Biden

President of the United States

The White House

1600 Pennsylvania Avenue, NW

Washington, D.C. 20500

Dear President Biden,

We write to commend you on your administration’s decision to pardon thousands of people convicted of marijuana possession under federal law and to review how marijuana is classified in the United States. The decision is an essential step for our country’s promise of justice for all. Therefore, it is of utmost importance that the Administration pardon all simple marijuana possession offenses – regardless of immigration status. 

Using the power of the pardon is a constitutional imperative and a critical tool in rectifying the compounding racial injustices of draconian drug policies. However, continuing to deport immigrants for simple marijuana possession will only exacerbate racial disparities, traumatize families and communities vital to this country's fabric, and create ineffective legal regimes at taxpayers' expense. This is especially true given the racial disparities that exist for Black migrants. Not only are black individuals four times as likely to be arrested for marijuana possession, but a 2021 study found that Black immigrants in ICE detention were also more likely to be detained and up to six times as likely to be placed in solitary confinement.^[1]

Since becoming a crime in the 1970s, marijuana possession has upended too many lives, families, and communities for conduct many states no longer prohibit. Even in states that have legalized medicinal marijuana, non-citizens cannot receive medicinal marijuana without facing potential deportation.^[2] A study conducted by Syracuse University found that, between 2003 and 2018, over 45,000 people were deported nationwide for simple marijuana possession.^[3]

After decades of the failed war on drugs and the countless lives and families it ruined, our country must begin repairing those harms. Granting pardons to all simple marijuana possession offenses – regardless of immigration status – demonstrates genuine compassion while ensuring that our country continues to mitigate the inhumane and ineffective drudge policies that have ravaged communities of color for so long. 

However, for immigrants whose lives have been upended for simple marijuana possession, a pardon is only the first step in allowing them to rebuild their lives. That is why we also urge you to prioritize decriminalizing and descheduling marijuana and reopening the immigration cases of those who were deported for marijuana-related offenses. These actions would restore the lives and dignity of thousands of migrants who were deported for conduct that is now legal in varying capacities across 41 states.^[4] Additionally, following these actions would allow those same people to return to their families and lives in the United States.

We applaud the work that your administration has done in centering marginalized communities and their needs as you consider executive actions and the power of the pardon. We urge you to extend these efforts to include immigrants so that they might have the same opportunities that you have extended to others.