Democrats are crafting a long wish list for President Joe Biden‘s final weeks, hoping he’ll deliver a few gifts over the holidays before leaving office on Jan. 20.
Calls have come in for Biden to pardon his brother, his subordinates, and thousands of people incarcerated in federal prisons. He is also seeing demands to cancel student loans, close detention facilities housing migrants, and protect illegal immigrants from deportation, among other things.
Here is a list of issues the 46th president is being asked to address before leaving the White House.
Pardon death row inmates
Biden is facing pressure to commute the sentences of more than three dozen federal inmates sitting on death row before President-elect Donald Trump, a death penalty advocate, takes office.
If Biden does not take action on this front, up to 40 federal death row inmates would be eligible for execution once Trump regains power.
Andrew Fleischman, an Atlanta-based defense lawyer, told the Washington Examiner that he supports the idea, noting that the death penalty has no public safety benefit and uses enormous resources.
“It’s good policy, saves the public a bunch of money, and helps get the taste of that Hunter pardon out of the public’s mouth,” Fleischman said.
Among the defendants are the Boston marathon bomber and the gunmen responsible for killing nine black parishioners at a South Carolina church and 11 Jewish people at the Tree of Life synagogue in Pennsylvania.
More than 60 Democratic members of Congress, the American Civil Liberties Union, and a coalition led by the National Association of Criminal Defense Lawyers have been demanding Biden commute the inmates’ sentences.
Pardon his brother and many others in Bidenworld
Pardon mania has swept Washington now that Biden has pardoned his son Hunter, with speculation rampant that other pardons could soon follow.
One popular pardonee is James Biden, Joe’s younger brother and a less famous player in the family’s controversial business dealings. Other names being floated include former National Institute of Allergy and Infectious Diseases chief Anthony Fauci, former GOP Rep. Liz Cheney, and Sen.-elect Adam Schiff (D-CA). Some, including Sen. Rand Paul (R-KY), have even wondered aloud whether Biden will pardon himself.
Time will tell if Biden follows through with any of them, and pardons are not without consequences.
Anyone receiving a presidential pardon could effectively lose their Fifth Amendment right against self-incrimination, and the Supreme Court in Burdick v. United States ruled that pardons carry “an imputation of guilt and acceptance of a confession of it.” It may not be an easy decision on either side of the pardon game.
End mass incarceration
Some progressive Democrats want Biden to free thousands of people who are incarcerated in federal prisons, which is a relative of the death row pardon idea.
Reps. Ayanna Pressley (D-MA) and Jim Clyburn (D-SC) led a letter to Biden last week urging him to free countless people from the nation’s prison system.
“Now is the time to use your clemency authority to rectify unjust and unnecessary criminal laws passed by Congress and draconian sentences given by judges,” the letter reads.
Clyburn added that “so many people” are in prison because of victimless crimes, which he said should “be dealt with.”
Close California ICE detention facility
A California Democrat is hoping Biden will close a privately run U.S. Immigration and Customs Enforcement detention facility in the state before the clock strikes noon on Jan. 20.
Rep. Judy Chu (D-CA) made a public plea this week outside the U.S. Capitol to shutter the Adelanto Detention Center outside Los Angeles.
“Those detained inside have shared alarming accounts that have been corroborated time and time again by prolific reporting from nonprofits, media, federal and state governments, and even ICE officials themselves,” Chu said in prepared remarks.
Trump, of course, hopes to use those facilities to detain illegal immigrants ahead of deportation, which is the topic of another call.
Protect immigrants from deportation
A trio of Democratic senators is urging Biden to “Trump-proof” some of his migration policies while he still can.
Sens. Catherine Cortez Masto (D-NV), Alex Padilla (D-CA), and Ben Ray Lujan (D-NM) sent a letter to Biden on Wednesday, urging him to extend protections for “long-term immigrant communities” before hitting the exits.
“In addition to supporting strong border security, we are eager to ensure that [Deferred Action for Childhood Arrivals] recipients, [Temporary Protected Status] holders, and other immigrants who are critical members of our communities and economies are not forgotten during this busy time,” the trio wrote.
The senators are urging Biden to extend TPS for immigrants from countries including Ecuador, Nicaragua, and El Salvador and also asked him to protect DACA recipients by quickly processing renewals and advance parole requests.
Forgive student loans
Sens. Ed Markey (D-MA) and Dick Durbin (D-IL) and Rep. Maxine Waters (D-CA) joined student loan activists on Wednesday, calling on the Biden administration to write off the debts of those who attended “predatory schools” or were harmed by school misconduct.
“We are here to demand that the Department of Education deliver on President Biden’s commitment to debt relief and process all outstanding borrower defense relief before President Trump slams the door shut on borrowers on Jan. 20,” Markey said, standing beside students holding up signs showing how much debt they owe.
The three lawmakers sent a letter signed by over 70 members of Congress to the Department of Education, urging debt transfers for those “who attended institutions with documented histories of predatory practices; and processing any outstanding borrower defense applications.”
Biden has repeatedly seen his efforts to forgive student loans without Congress overturned in court, and it is unclear whether he could fulfill the trio’s wishes even if he made an attempt.
Take climate action
Markey is engaged on a second front, calling on Biden to fight against the climate crisis using all the powers he has for the next six weeks.
“The fight against the climate crisis doesn’t end when an administration does,” he posted on X. “That’s why [Rep. Alexandria Ocasio-Cortez (D-NY)], [Rep. Melanie Stansbury (D-NM)], and I are urging [Biden] to cement his climate legacy and keep the momentum up for jobs, justice, and climate action. We won’t give up.”
He attached a letter urging Biden to cement his climate legacy by “continuing to deliver the benefits of the landmark Inflation Reduction Act and Bipartisan Infrastructure Law.”
Markey and his co-signers also called on Biden to push back against fossil fuel projects and ensure that “regulatory documents are in place” to limit “uncertainty” for workers and communities. “After all, the threat of climate change will outlive any electoral cycle.”
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White House press secretary Karine Jean-Pierre said Friday that Biden will make additional pardons before leaving office, though she did not specify which.
The problem for Democrats on the non-pardon actions is that Trump will enjoy the same powers Biden has now when Jan. 20 arrives, and he could quickly look to undo some of those actions when his second term begins.
