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US: Californians Facing Deportation Granted Clemency—Mostly For Cannabis And Drug Convictions

Benjamin Adams

Forbes

Thursday 12 Nov 2020

In California this week, a handful of people with prior convictions for cannabis and other types of substances celebrated a day of reckoning. Some faced deportation.

On Tuesday, California Governor Gavin Newsom signed 39 pardons, commutations, and medical reprieves of people who either have been or still are incarcerated for mostly cannabis and other low-level drug crimes. The certificates of each act of clemency were posted on the governor’s website. In addition, a news release indicated the details of the decisions.

The 39 actions included 22 pardons, 13 commutations, and four medical reprieves caused by COVID-19 issues. Ten of the grantees are currently in federal immigration detention facilities and face deportation. One is currently in ICE custody.

“I'm not sure whether this will spare them [from deportation], but it certainly ought to,” Cal NORML Director Dale Gieringer says. “Their convictions predate Prop. 64, and should be eligible for expungement—in any case.”

It was crystal clear this election that Americans in multiple states don’t support prison time for cannabis and drug convictions—as evident in measures that were approved in Oregon and Washington, D.C. “Voters made it clear this year they're not inclined to criminalize cannabis and drug users,” Gieringer adds. “We're glad to see Governor Newsom issued these pardons; there are probably many more convicts who deserve similar consideration.”

The governor’s office described the differences between the executive actions—notably the difference between a pardon and expungement: Pardons “remove counterproductive barriers to employment and public service, restore civic rights and responsibilities and prevent unjust collateral consequences of conviction, such as deportation and permanent family separation,” Newsom’s office wrote. “A pardon does not expunge or erase a conviction.”

“A commutation modifies a sentence, often allowing an inmate to go before the Board of Parole Hearings for a hearing at which Parole Commissioners determine whether the individual is suitable for release from prison, his Office continued, adding, “a reprieve allows individuals classified by the California Department of Corrections and Rehabilitation as high medical risk to serve their sentences in appropriate alternative placements in the community, consistent with public health and public safety.”

At least 11 of the convictions were solely for cannabis and other drug convictions:

Ray Arango, pardoned for possession of cannabis for sale
Efrain Barajas Meraz, pardoned for possession of cannabis for sale
Scott Clarke, pardoned for personal possession of an unnamed controlled substance
Jason Crosson, pardoned for personal possession of an unnamed controlled substance
Laura Flores, pardoned for possession of an unnamed controlled substance for sale
Michael Nixon, pardoned for transporting an unnamed controlled substance for sale
Nicolas Salgado Espinal, pardoned for possession of an unnamed controlled substance for sale
Nicole Sands, pardoned for possession of an unnamed controlled substance for sale
Carlos Vasquez Salazar, pardoned for possession of an unnamed controlled substance for sale
Martin Vasquez, pardoned for possession of an unnamed controlled substance for sale
Daniel Villotti, pardoned for possession of an unnamed controlled substance for sale

Newsom has already pardoned more people during his 22 months in office than former California Governor Arnold Schwarzenegger did—for the extent of his entire tenure.

Less than two years into his role as governor, Newsom granted a total of 63 pardons, 78 commutations, and four reprieves, including the most recent additions on November 11. While Governor Jerry Brown granted a total of 1,189 criminal pardons during his tenure as governor, he served much longer as California, from 1975 to 1983 and 2011 to 2019. Governor Newsom’s number of pardons is already much higher than the 15 pardons in total issued by former Governor Schwarzenegger during his two terms. Former Governor Gray Davis issued zero.

Detainees who are in federal immigration detention facilities can face deportation. According to the Transactional Records Access Clearinghouse (TRAC) at Syracuse University, more than 45,000 people were deported nationwide for possession of cannabis from 2003 to August 2018. TRAC is a data gathering, data research and data distribution organization based in New York. Information is collected thanks to the Freedom of Information Act.

Nationwide, the American Civil Liberties Union warns that despite roughly equal usage rates, Black people are 3.73 times more likely than white people to be arrested for cannabis, with similar trends for Hispanic arrest rates. The California Department of Justice said there were 1,181 felony cannabis arrests last year, down from 1,617 in 2018, representing a 27 percent decline. Hispanics accounted for nearly 42 percent of those arrests, followed by Black people, at 22 percent, with white people at 21 percent. The remainder represents other groups.

Not all of the details of each arrest are available, however the records indicate a number of problematic instances of harsh sentencing. Five grantees were sex trafficking survivors. One pardon was for a 71-year-old serving a life sentence for stealing a VCR in 1995. California’s “three strikes” ruling can ruin lives and other policies can lead to deportation. In addition, drug convictions can lead to serious consequences such as deportation.

https://www.forbes.com/sites/benjaminadams/2020/11/12/california-governor-issues-39-pardons-commutations-and-reprieves-mostly-cannabis-and-other-drug-convictions/?sh=77e707a7517e

 

 

 

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