[Jan 25, 2022] New York Introduces Clemency Justice Act to Increase Transparency and Accessibility within the State’s Clemency Process
For Immediate Release
January 25, 2022
Contact:
Socheatta Meng, 510-456-5337, smeng@seadefense.org
Fanta Fofana, 646-290-5551, fanta@familiesforfreedom.org
New York Introduces Clemency Justice Act to Increase Transparency and Accessibility within the State’s Clemency Process
[New York, NY] — Today, the Clemency Coalition of New York (CCNY), a coalition of immigration, criminal justice, and racial justice organizations, held a press conference introducing the Clemency Justice Act (S7667) – new legislation that would strengthen the clemency process in New York State. This bill seeks to make clemency, both pardons and commutations, more transparent, accessible, and accountable as deportations and incarcerations continue to threaten New York’s immigrants and communities of color.
The Governor of New York has the power to grant a pardon or commutation to anyone seeking relief from this country’s unjust criminal justice and immigration systems. Yet, this power has historically been grossly underutilized. Between 2017-2020, New York granted only 1.5% of all clemency applications that were submitted. While pardons are rarely granted in New York, commutations are granted even less.
For communities of color who are disproportionately affected by both the criminal legal and immigration systems, this is a huge cause for concern. The US’s criminal legal and immigration systems intersect to create and inflict cycles of criminalization and separation, including deportation and incarceration. It is no accident that currently, New York incarcerates over 30,000 people, and nearly 75% of those incarcerated individuals are Black and Brown. Likewise, in FY 2020, 92% of those deported by ICE had criminal convictions or pending criminal charges. These individuals are separated from their communities and families, who face serious financial instability when family members are incarcerated and deported, as well as the emotional trauma that follows this separation.
While the Clemency Coalition of New York does not see clemency as the ultimate solution to address the injustices of these systems, the coalition believes it is a powerful tool in addressing some of the harms that follow. Currently, the clemency process is fundamentally broken. Those who seek clemency find a process that is frustrating to navigate. Many who submit a pardon or commutation application wait years before hearing back from the Governor’s office on the status of their application. Yet, for someone who has exhausted all other pathways possible to regain their freedom, their life could very well depend on this one decision by the Governor.
The Clemency Justice Act, sponsored by Senator Zellnor Myrie and Assemblymember Michaelle Solages, addresses some of these injustices. This bill requires the Governor to provide regular updates to applicants on their pardon and commutation cases. Applicants who have an urgent need such as a life threatening health condition or imminent deportation by ICE can request an expedited review of their case. This bill also requires the Governor to publicly report information on clemencies, including the number of pardons and commutations submitted and granted, and demographic data such as the race, ethnicity, gender, and age of applicants.
Janay Cauthen, Acting Executive Director for Families for Freedom said, “All we are asking for is a second chance at life. For our community members who have experienced the pain of deportation and incarceration, many have served their time, and await another chance to live again. Imagine if you had to pay the price over and over for making a mistake in your life. Pardons and commutations matter. Jean Montrevil, my former spouse, was deported in 2018 due to a thirty year old drug conviction. A pardon made it possible for him to return to the US in 2021 and for my children to finally heal.”
"New York's existing process for pardons and commutations serve neither justice nor public safety,” said Senator Zellnor Myrie, the Clemency Justice Act’s Senate sponsor. “It is past time we reform our clemency system and enact laws that recognize rehabilitation and offer second chances. I look forward to working to advance this bill during this session."
"New York ranks third in the nation for states with the most wrongful convictions,” said the Clemency Justice Act’s Assembly sponsor, Michaelle Solages. “However, those who apply for clemency, for this and other reasons, face an opaque and delayed process that has resulted in only 81 pardons and 14 commutations from the governor's office between 2017-2020. This bill, which I am happy to introduce alongside Senator Zellnor Myrie, provides applicants for clemency with the basic procedural dignity they deserve by streamlining the application process, and creating an expedited review process for urgent applications."
The Coalition for Immigrant Freedom states, “Many of our clients are permanent residents who, despite living in the United States for decades, live in fear of deportation due to criminal histories (often from their youths). Currently, those who might apply for pardons face a black box process, with many applicants never even receiving notification that their petitions were received and are being processed. This feeds into a general mistrust of government institutions among the communities we serve, often leaving them afraid to enforce their rights or apply for social services. The Clemency Justice Act, by creating a more transparent clemency process, moves us one step closer to building institutions in which our clients can have confidence.”
“The Clemency Justice Act is a long overdue improvement to a black-box process that has been extremely difficult for most New Yorkers to navigate," said Mizue Aizeki, Deputy Director of the Immigrant Defense Project. "Clemency, when exercised frequently and fairly, can acknowledge the harms caused by the criminal and immigration systems and the humanity of those who survive despite the relentlessness of prison, detention, and deportation. New York's clemency record is uneven and relatively rare, falling behind most other states, including many states governed by conservatives for decades. This bill provides a much-needed framework for the clemency process, which we hope will push forward a consistent and regular clemency practice in our state."
What: Launch of the Clemency Justice Act, with Press Conference and Legislative Visits
When: Press Conference at 11am EST
Where: https://fb.watch/aLZ4Bk1FsX
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The Clemency Coalition of New York includes: Coalition for Immigrant Freedom, Families for Freedom, Immigrant Defense Project, Mekong NYC, Release Aging People in Prison (RAPP), and Southeast Asian Defense Project.
