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2022 CLEMENCY ADVOCACY GUIDE

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ADVOCACY GUIDE

INTRODUCTION
This guide is a resource for individuals who have applied for clemency from the Governor of
California and ask the question, “What do I do now?” Here, you will find information and
guidance on building an advocacy campaign in support of your clemency application. This
resource will cover how to request support letters from people you know, organizations, and
elected representatives; launch petitions and city/county resolutions; and engage with the
media.
The material included is for informational purposes only and not to provide legal advice. We
encourage attorneys to support clemency applicants pro bono (free of charge). This guide is
intended to increase access to resources and freedom of incarcerated people.
For more information on how to apply or reapply for a commutation, the process for clemency
for people “twice-convicted”, and Board of Parole Hearings interview preparation, request the
California Coalition for Women Prisoners’ (CCWP) “Commutation Application Guide” by writing
to California Coalition for Women Prisoners, 4400 Market Street, Oakland, CA 94608. The guide
is also available online here in English and Spanish:
https://droplwop.com/commutations-application-guide/
For information on how to apply or reapply for a pardon, request Asian Americans Advancing
Justice’s “Guide to California Pardons” by writing to Advancing Justice – Asian Law Caucus,
Attn: CJR, 55 Columbus Ave, San Francisco, CA 94111. The guide is also available online here:
https://www.advancingjustice-alc.org/wp-content/uploads/2019/05/pardon-guide.pdf
For more information on post-conviction relief options and immigration status, please review
these resources from the Immigrant Legal Resource Center:
https://www.ilrc.org/sites/default/files/resources/ca_post-con-remedies-5.pdf,
https://www.ilrc.org/fact-sheet-about-gubernatorial-pardons-california

LETTER OF INTRODUCTION
Greetings Family,
My name is Steven Green. It is important you know who I am and where my life is headed,
because I was once sentenced to life without possibility of parole (LWOP). After serving nearly
28 years in prison, I received a commutation from Governor Brown in 2018.
I am currently a student at CSU Fullerton earning my BA degree in Criminal Justice. I am
diligently working on being admitted to a Ph.D. program. I am a statewide organizer for FUELFamilies United to End Life Without Parole. I am also a member of the National Life Without
Parole Leadership Council working in collaboration with Human Rights Watch. I never imagined
my life being where it is at today. I want everyone to have a chance to live up to their potential
and fulfill their dreams.
If you have applied for clemency– a pardon, commutation, or reprieve– and you are wondering
how you can uplift and advocate for your clemency, this guide is for you. The Clemency
Advocacy Guide was made by advocates, family members, formerly incarcerated people, and
people facing deportation. You’ll see clemency campaigns highlighted throughout the guide —
the majority of the people featured have received pardons or commutations, and one person
received a medical reprieve. This guide was made with love and a desire to help people come
home and stay in their communities.
In Community,
Steven Green

TABLE OF CONTENTS
I. KEY PLAYERS IN CLEMENCY DECISION-MAKING (1)
II. SUPPORT LETTERS (3)
A. Support Letters From People You Know (3)
Submitting Support Letters And Other Supportive Documents (3)
Mail (3)
Email (3)
Governor’s Website (3)
B. Support Letters From Organizations (5)
C. Support From Elected Representatives (5)
Identifying Relevant Elected Representatives (5)
Considerations For Who To Request Support From (7)
II. BUILDING A PUBLIC CLEMENCY ADVOCACY CAMPAIGN (8)
A. Should I Make My Clemency Campaign Public? (8)
B. Best Practices For Engaging With Media And Press (9)
Deciding What Kinds of Media To Approach (9)
Deciding Which Journalists To Work With And Interview Tips (9)
Deciding Who Will Be Spokespeople for Your Clemency Media Advocacy (10)
C. Creating Media To Amplify Your Clemency Application (10)
Creating and Delivering A Petition Online (11)
Decide if you want to post an online public petition (11)
Choose who will be named as the petition host (12)
Choose a title for your petition (12)
Choose the decision-maker(s) for your petition (12)
Draft a short pitch for your petition (12)
Choose a photo to use for your petition (13)
Choose a petition platform (13)
Create your petition online (13)
Posting petition updates (13)
Circulating and publicizing your petition (14)
Delivering Your Petition (14)
Creating A Short Biography (15)
Gather Photos and Creating Graphics (15)
Using Canva for graphics (17)
Digital Media Toolkits (17)
Digital Toolkit components can include:
More “How To” Social Media Resources (18)
Other Social Media Strategies (18)

Sample Digital Media Toolkit (19)
III. BUILDING A NON-PUBLIC CLEMENCY CAMPAIGN (24)
IV. APPENDIX (25)
A. Reprieves (25)
1. California Governor’s Record of Granting Reprieves (25)
2. How to Apply For A Medical Reprieve (25)
3. Medical Reprieve Advocacy (26)
4. What to Expect If Granted A Medical Reprieve (27)
5. Medical release form (CDCR 7385) (28)
B. Resources (32)
1. Template Support Letter From Someone You Know (32)
2. Sample Support Letter From Someone You Know (Pardon, Family Member) (32)
3. Sample Support Letter From Someone You Know (Commutation) (34)
4. Contact Information for Organizations (35)
5. Template Letter to Request A Support Letter From An Organization (37)
6. Template Support Letter From An Organization (37)
7. Sample Support Letter From An Organization (38)
8. List of State Senators And Assembly Members (39)
List of Assembly Members (40)
List of State Senators (48)
9. Template Letter to Request A Support Letter From An Elected Representative (54)
10. Template Support Letter From An Elected Representative (55)
11. Template Letter to Request Support For A Resolution (56)
12. Sample Resolutions in Support of Clemency Applications (57)
Full Resolution: Danny Thongsy (58)
13. Journalist Style Guides (63)
Immigrant Defense Project Community Style Guide (64)
14. Petition Tutorials And Example (77)
15. Sample Biographies (80)
16. Sample Graphics (86)
17. Sample Digital Media Toolkits (88)
How to Submit a Public Comment (94)
ACKNOWLEDGEMENTS (98)

I. KEY PLAYERS IN CLEMENCY DECISION-MAKING
There are various people, organizations, and institutions who may have input on your clemency
application. Below are the primary actors, their roles, and how they may help your cause.
A. The California Governor’s Office: The California Constitution
gives the Governor the power to grant clemency. Currently, the
Governor grants clemency in the form of reprieves, commutations,
and pardons. While the Governor is the ultimate decision-maker,
his office can be influenced by the public, including elected
representatives, your friends and family, community-based
organizations, and other people and entities that can attest to your
personal growth and who you are today.
B. Elected Representatives: The Governor may value support from elected
representatives as they make decisions on clemency applications. Further, support from
elected representatives is another way to show widespread support for your application
and can bring positive attention to your application.
a. “Elected representatives” include state senators, state assembly members, city
council members, school board members, and members of U.S. Congress. Tips
on what elected representatives to reach out to can be found on page 5.
b. District Attorneys are also elected representatives. The district attorney where
you currently reside (for pardon applicants who are out of custody) or where you
were convicted (for incarcerated commutation or reprieve applicants) may
support or oppose your clemency application. After notifying the district attorney’s
office, as part of the application process, we recommend only engaging with a
district attorney who has a strong record of supporting other clemency applicants,
or who has demonstrated a commitment to progressive criminal justice reform.
C. People You Know: As explained in this guide, there are many ways your network (i.e.
friends, family members, current or former employers, co-workers, educators, religious
leaders) can help persuade elected representatives to support and the Governor to grant
your clemency application.
D. Organizations: Organizations can also persuade the Governor and elected
representatives to support your clemency application. Organizations can include
non-profits, labor unions, educational institutions, faith congregations, or companies. The
influence of these organizations can be powerful if they work on issues the politicians
care about, are located in their district, or individuals within the organization have close
relationships with them.
E. Prison or Jail: Prison(s) or jail(s) where you did or are currently doing time can provide
certificates of achievement, employment records, laudatory chronos, support letters, and

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other documentation of the positive contributions you made while incarcerated. If you are
applying for a commutation or medical reprieve (page 25 for more info on medical
reprieves) because of a terminal illness or severe/chronic disability, you may authorize
the Governor’s Office to retrieve your medical records from the jail or prison.
F. Board of Parole Hearings (BPH): If the Governor selects your
application for further review, you may be contacted by a Board
of Parole Hearings (BPH) investigator. For people who are no
longer in custody, it’s possible to receive a call from the BPH
investigator for additional information. For commutation
applicants in California prisons, you may receive a ducat for an
interview with a BPH investigator. This request is an opportunity
to highlight the person you are today, your personal growth (or
rehabilitation), why you are requesting clemency, and why you
should receive clemency. After your interview, the BPH investigator may reach out to
family members to learn more about your history and/or confirm life experiences (i.e.
domestic violence, homelessness, etc.). The BPH Commissioners play a role in
reviewing clemency applicants who the Governor recommends for investigation but who
have a prior felony, which currently requires more extensive clemency review in
California. An applicant with a prior felony must receive a majority vote recommendation
from BPH Commissioners at a hearing before the Governor can refer the applicant for
review by the California Supreme Court.
G. California Supreme Court: If you have a prior felony, the
Governor cannot grant clemency until the Board of Parole
Hearings and the California Supreme Court recommends you. If
you fall into this category, and the Governor selects your
application for review, you must receive a clemency
recommendation from BPH Commissioners before the Governor
can decide whether to send your application to the Supreme
Court for review. The Chief Justice will notify the Governor of the
Court’s recommendation, which happens on no set timeline (it can take weeks or
months, but at times a year or longer).
H. Registered Victims: Victims, their family members, and witnesses (who testified in
court) can register to receive updates from CDCR or a District Attorney’s office.
Registered victims receive notifications about parole hearings, scheduled release dates,
or other changes in custody. Notification can result in registrants submitting official
opposition or support in response to clemency applications.

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II. SUPPORT LETTERS
Even after you’ve submitted a clemency application with supporting documents, you can still
gather and submit additional support letters. Support letters highlight your transformation
throughout your incarceration, who you are today, and the type of support writers can offer to
you upon release, for those still incarcerated. We encourage your supporters to avoid
discussing the unfairness of your conviction or related legal arguments, as accurate as they
may be. That being said, letters that contextualize your conviction can be helpful. This context
may include factors such as being criminalized as a child or youth, being a survivor of violence,
or not having access to needed resources. However, if writers share context about your
conviction, we recommend they do so carefully and without critiquing the system. Letters that
focus on your transformation, your community service, and your support in community/reentry
are most helpful.

A. Support Letters From People You Know
Friends, family members, current or former employers, co-workers, educators, religious leaders,
and other community members can submit letters to support your clemency application. The
support letter should include how the supporter knows you and how long they have known you.
It should consist of some highlights about you, your life, accomplishments, and what you have
done throughout your incarceration for your community. Encourage your supporters to state the
specific ways they will support you upon release, such as through housing, financial, spiritual,
and/or emotional support, and why they think you will succeed after being released or pardoned.
If you are applying for a medical reprieve, your supporters should explain why it is essential you
receive care in the community and not in prison. Supporters should also share any specific
support they can offer to support your health, such as rides to medical appointments or picking
up your medication.
On page 32 in the Appendix, please find a template support letter from someone you know and
sample support letters.

1. Submitting Support Letters And Other Supportive Documents
Support letters, and any additional documentation supporting your application, can be
submitted via mail, email and, in some cases, through the Governor’s website. When
submitting supporting documents, include your full name that matches the name on
your clemency application (or explain why it differs) and your CDCR # for those in state
prisons. You also have the option to include your pardon application reference number,
if you have one (this is optional and not necessary).

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a. Mail
Mail additional support letters to the Governor’s Office:
Office of the Governor
State Capitol
Attn: Legal Affairs/Clemency
Sacramento, CA 95814

b. Email
Support letters can be emailed to commutations@gov.ca.gov (for commutation and reprieve
applications) or pardons@gov.ca.gov (for pardon applications).

c. Governor’s Website
You can direct your supporters to make public comments on the Governor’s website in support
of your clemency application. Community members submitting supportive comments through
the Governor’s website has proven to be an effective method of demonstrating public support
for clemency applications.
Instructions for submitting public comment:
Go to: bit.ly/ContactNewsom
Select: “Have a comment”
Insert: Supporter’s first name, last name, and email address
Select subject: “Clemency — Commutation of Sentence”
Select position: “Pro”
In the text box: Supporter(s) can type their support letter for you.

Contact the Governor
Purpose of communication : @Have Comment O Need Help
First Name:

Supporter First Name

Last Name:

Supporter Last Name

E-Mail Address:

emai l@ema il.com

_j

Please choose your subject: Clemency- Commutation of Sentenc( "

Cont inue

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B. Support Letters From Organizations
This includes support from community organizations, labor unions, former or current employers,
faith groups, etc. who may help convince elected representatives to support your application
and the Governor to grant your clemency application. You, your friends, and your family
members can ask for support letters from organizations with which you or they are connected.
On page 37 in the Appendix, please find (1) a template letter to request a support letter from an
organization and (2) a template support letter from an organization. The letter to request a
support letter from an organization can be from you or someone in your support network. You
can include the “template support letter for an organization” with your request to make it easier
for the organization to draft a letter of support. You can also include a short biography (see page
80 in the Appendix for samples).
Page 35 of the Appendix includes contact information for organizations that may write letters of
support on your behalf.

C. Support From Elected Representatives
A clemency application with support from elected officials may help convince the Governor to
grant the application.

1. Identifying Relevant Elected Representatives
You have elected representatives at the city, county, state, and federal levels. These
representatives include state senators, assembly members, mayors, city council members,
school board members, and members of U.S. Congress. Family, friends, and community
members can urge their elected representatives to support your clemency application.
If you have internet access, you can enter your address in this tool to look up your elected
representatives at all levels of government:
https://www.commoncause.org/find-your-representative/
Page 39 in the Appendix includes lists of California’s Senators and Assembly members who
represent people at the state level, as of February 24, 2022. If an elected representative has a
strong record of supporting individuals seeking clemency with similar convictions and/or in
similar circumstances (e.g. criminalized as a youth, facing deportation, or a survivor of sexual
violence), they are more likely to support your application.

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2. Considerations For Who To Request Support From
Elected representatives who represent where you are from, where your family and
friends reside or work, the district in which you are or were incarcerated, and where
you hope to reside when released are the most relevant elected officials from whom to
request support letters. Friends and family who live or work in a different city or county
in California can ask their elected representatives to support your application, too.
The following are indicators that elected representatives may be willing to write a letter of
support:
● They have supported criminal justice reform legislation in the past, especially if the
legislation releases people from incarceration or otherwise assists people who have the
same or similar convictions as you.
○ If you have internet access, you can check how California State Assembly
members and Senators have voted on past legislation at couragescore.org.
○ They have a connection to your experience. For example, their district has been
devastated by wildfires, and you worked as a firefighter while incarcerated. Other
examples include
■ They prioritize protecting survivors of domestic violence, and you are a
survivor;
■ They have a personal connection to your identity or experience (e.g. they
are also an immigrant, have immigrants in their family, or have a history of
supporting immigrants).
On page 54 in the Appendix, you can find a template to request a support letter from an elected
representative and a template support letter from an elected representative. You can also
include a short biography (see page 80 in the Appendix for samples) with your request. If a
friend or a family member has a connection to the elected representative, you can ask them to
request the support letter on your behalf. After reaching out to an elected representative, you or
your supporter may need to follow up with them multiple times to receive a reply.
Elected representatives to avoid asking: Be cautious about discussing a clemency application
with an elected representative who would likely oppose clemency because you do not want your
application to receive negative public attention. Indicators of elected representatives who may
oppose clemency include:
● They have used negative, derogatory language to describe incarcerated or formerly
incarcerated individuals.
● They have supported policies in the past that are damaging for incarcerated or formerly
incarcerated individuals. This may include legislation that increases the number of
people imprisoned, the length of sentences, or decreases incarcerated and formerly
incarcerated individuals' rights and resources.

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3. City And County Resolutions
A city or county resolution is another way for elected officials to demonstrate their support for
your clemency application. If the majority of council members for a city or supervisors for a
county have submitted support letters to the Governor for your clemency application or have
expressed support for your application in other ways, you may want to ask one of the members
to introduce a resolution in support of your clemency application.
To pass a resolution, a city council member or county supervisor will introduce the resolution,
and all members will vote on whether to pass the resolution. This option is good only if 1) a
council member/supervisor is very supportive of your clemency application and is willing to
introduce the resolution to the full council for a vote, and 2) enough council
members/supervisors will vote “yes” so that the resolution passes (check if the city/county
requires a unanimous or majority vote to pass the resolution). On page 56 in the Appendix, you
will find a template letter to request that a city council member or county supervisor support a
resolution and a sample resolution.

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II. BUILDING A PUBLIC CLEMENCY ADVOCACY
CAMPAIGN
Public campaigns, which can include outreach to media outlets, sharing online petitions and
digital toolkits with clemency advocacy actions, and other social media strategies, can be helpful
in getting broad support from the public beyond your personal network of people and
organizations.

A. Should I Make My Clemency Campaign Public?
Before reaching out to media outlets, creating media, or “going public” with your campaign
through an online petition, it’s essential to consider whether media/publicity may harm your
clemency application.
Essential factors to consider before seeking media coverage or doing public advocacy:
● Consider potential victim opposition:
○ Are there victims, victims’ families, or other community members who may be
upset about positive media coverage of you or your loved one?
○ If yes, are they likely to create more visible opposition to your clemency
application, including negative media?
○ Could you develop relevant, genuine talking points about victim impact that you
or your loved one could share proactively with the media to help mitigate harmful
effects on victims?
● Consider potential political opposition:
○ Are there local or statewide groups or politicians likely to be mobilized to oppose
your clemency application if they see positive press about your story?
○ Could you develop talking points to counter any negative narratives about your
story/your loved one’s case?
● Reflect on your conviction and how to discuss it publicly:
○ If you caused harm, be careful not to minimize the harm you caused — this could
be seen as you not taking responsibility and/or cause more harm.
○ With the above in mind, consider discussing the circumstances or events leading
up to your conviction (i.e., abuse or neglect, youthfulness, lack of resources,
racism).
○ Consider potential victim opposition and whether publicity might decrease
support for your clemency.
● If you are someone applying for a commutation or pardon with multiple felonies, consider
that your clemency application, as well as other criminal legal system information, can be
made public information.

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After considering the potential risks of making your application for clemency more public, it’s
important to weigh those risks against the potential benefits of building and showing more public
support for your application. If media attention may stir up vocal opposition to your release,
consider whether showing strong public support might outweigh those risks (i.e., if your type of
conviction is considered politically challenging, showing public support might help create more
political possibility for the Governor to grant you clemency). Keep in mind that many people who
did not “go public” with their campaigns have been granted clemency.

A. Best Practices For Engaging With Media And Press
1. Deciding What Kinds of Media To Approach
There are different types of media outlets. Before reaching out to reporters, research what
media is best for your audience. Here are some considerations:
● The California Governor and State Legislators tend to pay attention to outlets like the
Sacramento Bee, CalMatters, Los Angeles Times, and San Francisco Chronicle.
National outlets like The Guardian, Washington Post, Politico, or The New York Times,
can also be influential if your audience is the Governor.
● If you’re hoping to build more public support for your clemency application, progressive
outlets can help develop a base of supporters to take action on your behalf. For
example, outlets such as The Nation, The Appeal, or Truthout, can reach a sympathetic
audience of potential direct supporters.

2. Deciding Which Journalists To Work With And Interview Tips
There are a number of factors to consider when deciding which journalists to work with:
● If possible, request trusted people or organizations to vet the journalists before you work
with them.
● If you are not familiar with the journalist, read some of their past articles to understand
their politics, specifically how they have reported on people and communities targeted for
criminalization.
● Ask them questions about how they might approach the topic.
● Ask them if they are working with any co-authors on the story and then read some of
their work, especially if there are any red flags such as derogatory or unkind language
when describing incarcerated or formerly incarcerated individuals.
● If you have strong feelings about language or terms that journalists may use that would
be offensive to you or your loved one, ask them in advance if they would be willing not to
use those terms. Some examples include using “incarcerated individual” or “incarcerated
community member” instead of “inmate.” If you are an immigrant, considering sharing
this style guide for covering the stories of immigrants with convictions:
https://www.immigrantdefenseproject.org/wp-content/uploads/2021.07-CommUnity-Style
Guide-R4.pdf

9

Interview Tips:
Before Your Interview:
● Write out your talking points. Short sentences that focus on your main messages are
often most used by journalists in their stories. The more succinct you can be, the better
chance your message and framing will be included.
● Practice your talking points.
During Your Interview:
● Remember that everything you share in a media interview can be used by the reporter,
so be careful to only share information that you are comfortable having publicized.
● Repeat your main message or talking points as often as you can. It is okay to repeat
yourself when answering different questions.
● Let a reporter know if you don’t feel comfortable answering a question. You can use
transition phrases to bring the conversation back to your core message, such as “the
most important thing to remember is…” or “what matters most here is…”
● Speak slowly and clearly. Regular speech speed is often too fast for reporters to take
notes or for TV or radio recordings.

3. Deciding Who Will Be Spokespeople for Your Clemency Media
Advocacy
To write a strong story, journalists will want to talk to you and to other people who can explain
why the Governor should grant you clemency and how clemency supports safe, thriving
communities. As you identify media spokespeople for your clemency push, consider:
● Family members
● Friends
● Community leaders, including faith leaders
● Community-based organizations, including groups that support clemency and prison
abolition/reform, and groups organized around the identity or experience of your loved
one. For example: if you are seeking clemency as someone who was criminalized and
incarcerated as a child, you could reach out to organizations that support incarcerated
youth or provide reentry services to individuals affected by the school-to-prison pipeline.

C. Creating Media To Amplify Your Clemency Application
Social media can be an important tool for sharing your story with an extensive web of networks
and communities, including elected officials and organizations. Additionally, the Governor’s
Office sometimes looks at pardon applicants' social media presence on platforms like Facebook,
Instagram, and Twitter. It can be helpful for pardon applicants to post about your job, family,
community service work, and other important updates and reflections. Finally, social media can

10

be an important tool for coordinating efforts to mobilize your networks to encourage the
Governor’s Office to grant you clemency.
The primary purpose of using social media is to encourage many people to call in and email
their support for your campaign into the Governor’s Office. Putting coordinated public pressure
on the Governor’s Office can encourage the office to notice and consider your pardon or
commutation application.
***NOTE: While launching a solid and widespread social media campaign can be an effective
advocacy strategy for many campaigns, this strategy is not the best for everyone. In particular,
we encourage you to consider how having a strong social media strategy might trigger victim
opposition. Please see the section on Best Practices for Engaging with the Media and Press for
more on this issue. ***
***NOTE: We recognize that not everyone reading this guide will have internet access
or a support network of individuals with internet access. Although creating graphics,
starting an online petition, and other online tools discussed in this section can be
helpful, they are not necessary to advocate for yourself and build a campaign. We
encourage people without internet access to reach out to the organizations listed in the
resource bank and/or focus on other kinds of advocacy. For more on other forms of
advocacy, please see these sections of the guide: requesting support letters from
elected officials, requesting support letters from friends and family.

1. Creating and Delivering A Petition Online
a. What is an online petition?
A petition is a way to build and show public support for a person or an issue. Anyone can share
a petition online, so anyone with internet access can search for and read online petitions. Online
petition sites allow readers to sign petitions and to post comments about why they support
petitions. Typically, petition sites only allow supporters who sign the petition to post comments,
so public comments on petitions themselves tend to display positive support.

b. Decide if you want to post an online public petition
If you want to build public support for yourself or someone else, consider the risks of increased
public attention. Asking for public support will raise attention so carefully consider the potential
risks to yourself, your loved one, or someone with whom you work. For example, we encourage
you to evaluate concerns about any victims who may be upset by public efforts to support you or
your loved one.

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We also encourage caution about sharing detailed information about your case, or another
person’s case, including if there’s an active appeal or potential opportunity for parole and/or
resentencing. In some cases, people choose to keep the petition focused on an applicant’s
personal development and community service in prison, steering clear of providing conviction
information or reasons why you believe the conviction is unfair.

c. Choose who will be named as the petition host
Anyone can host an online petition – including an individual, group, or organization. The petition
host will show up on the petition as the person or group asking for support. It could be the
incarcerated/detained person, parent, sibling, friend, church, or community organization.
Choose what makes the most sense for you while considering what might increase your
chances of building public support.

d. Choose a title for your petition
Choose a short and action-oriented title. Supporters should be able to determine the subject of
the petition quickly and why it’s important.
Example: “Please Grant Clemency for My Mother, [Name]!”

e. Choose the decision-maker(s) for your petition
For commutations, reprieves or pardons, the California Governor is the decision-maker. While it
is not necessary, you can choose additional decision-makers if you plan to advocate to others
who may influence your main decision-maker.

f. Draft a short pitch for your petition
Your petition “pitch” is where you explain what you’re asking for and why supporters should
help. Write it from the perspective of the petition host. So, if you’re a parent of an incarcerated
person, write your narrative from your position as a parent. If you’re incarcerated, write the
narrative from your perspective – why are you asking for support, and why do you believe
supporters should take action on your behalf?
Sample #1:
In 1996, my son, [name], was sentenced to Life Without Possibility of Parole for self-defense…
(Specific to petitions on change.org: Draft a direct message to your decision-maker
This direct message should explain why you want your decision-maker to take action. This
message will be sent directly to your decision-maker with automated petition updates via email.
It will be what your decision-makers see on the first page of your printable petition.)

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Sample #2:
Dear Governor Newsom,
We urge you to commute the sentence of [Name]… because…

g. Choose a photo to use for your petition
Petitions get much more circulation when you include a photo. Select an image that the
applicant wants to share publicly and scan it or take a picture so that you can upload it to the
petition site. If you are incarcerated, please choose a legal image from visiting or from a photo
sale, or use a picture from before incarceration. If a photo is not available, or in addition to a
photo, artwork that is a portrait of you or symbolizes you can be used.

h. Choose a petition platform
Different companies have websites where the public can host online petitions, such as Action
Network or Change.org. These are called petition platforms, and they offer petitioners different
features. There are several free petition platforms. Platforms like Action Network allow
petitioners to download the contact information for supporters who sign their petition. Others
allow petitioners to engage with supporters in various ways but do not allow hosts to download
contact information. Petition sites like Change.org promote a selected number of
petitions/issues, which can significantly increase the circulation of petitions and thus the number
of potential supporters. Most petition platforms will ask you how many signatures you would like
as your goal. It’s a generally good strategy to choose a number you think is attainable rather
than a vast number that you might never be able to make. Some petition sites set their own
goals (i.e., starting at one hundred), increasing automatically as the petition gains support.
Most petition sites allow you to create an account and post petitions for free. Once you choose
your petition platform, create an account and sign in.

i. Create your petition online
Log into your petition platform and choose the option to create a new petition. Each platform has
a different name for this option. Follow the prompts for designing your petition. These prompts
will include adding your title, petition pitch, your direct message to your decision-maker, and
uploading your photo on the site. Most sites give you the option to preview your petition before
you “publish” it. Once you publish your petition, you can always select the “edit” feature to make
changes.

j. Posting petition updates
Most sites allow hosts to post “updates” to their petition, which adds update posts to your online
petition and sends an email to all petition signers. Posting updates can increase petition
circulation, which is a great way to reach more potential supporters. Updates can include thank
you messages to supporters, requests that supporters continue to share the petition or take
other action in support, updates from the incarcerated person you are supporting, or updates on
the campaign.

13

k. Circulating and publicizing your petition
Once you’ve created and published a petition, it’s time to circulate and publicize it. What social
media platforms will you use? What organizations could help you promote? What individuals do
you want to contact directly with a link to the petition? Consider making a list of individuals and
organizations to contact with your petition.
On page 77 in the Appendix you will find petition tutorials and petition examples.

l. Delivering Your Petition
When should I deliver my petition to the Governor’s Office?
You should deliver your petition to the Governor’s Office once you’ve gathered enough
signatures to show that you have strong community support for your campaign. You can also
send in milestone updates on your petition as it gathers signatures. Some online petition sites
send email updates automatically to the Governor's Office when you reach certain milestones if
you add their email in the "decision-maker" section when setting up the petition.
How should I deliver my petition to the Governor’s Office?
Your petition can be delivered electronically by email or as a hard copy by mail. If you submit
your petition electronically, you can send a link to the petition or a PDF attachment of the
petition by email at pardons@gov.ca.gov (for pardon campaigns) and
commutations@gov.ca.gov (for commutation and reprieve campaigns).
If you submit your petition as a hard copy printout, you can ask an organization, family
members, or supporters to deliver it in person at the Governor’s Office. An in-person drop-off
can be one way to symbolically show the Governor’s Office how much support you have for
your campaign, but otherwise email submission is preferred by the Governor’s Office. You can
combine an in-person drop-off with a press conference or rally to show strong community
support for your application.
In-person and mail deliveries can be sent to the Governor’s Office at:
Mailing Address:
Office of the Governor, State Capitol, Attn: Legal Affairs/Clemency, Sacramento, CA 95814.
Physical address: California Governor
1303 10th Street, Suite 1173
Sacramento, CA 95814

14

2. Creating A Short Biography
Purpose: To have a 1-2 page summary of who you are, your story, and why you are seeking a
pardon, commutation, or reprieve. This biography should be ready for lobby visits, social media
outreach, and other advocacy events.
Target audience: State and local elected officials (you can use this one-pager when requesting
support letters from officials) and the general public.
On page 80 in the Appendix, you will find sample biographies.

3. Gathering Photos And Creating Graphics
a. Family and Community Photos
Purpose: In addition to including photos in your clemency application, you can use photos for
your online petition, to share with elected officials, or to create visual graphics for social media
campaigns.
Target audience: Elected officials, community members, the general public.
Can include: Pictures of you and your loved ones (e.g., family, community members,
coworkers, or faith and cultural community members).

b. Graphics
Purpose: Graphics can be used to create an easily shareable image that your supporters can
post on their social media platforms. You will find samples below and in the Appendix.

15

NDti

.;','."I :rec. \IISur\'h ors

bil.ly 'Free. \IISur\'h·ors

/,'."Clemenq·:'\o\\'

16

Using Canva for graphics
Canva is an online platform that allows you to create free graphics. Feel free to use
the following Canva-related resources to design your graphics.
●

Canva Tutorials:
○ A step-by-step guide to designing from scratch
○ Essential Canva Tools
○ How to create your first Facebook post
○ How To Use Canva For BEGINNERS! (Canva Tutorial 2020)

●

Canva templates:
○ Canva template for Instagram post
○ Canva template for Facebook post

4. Digital Media Toolkits
What is a digital media toolkit? It is an online document that compiles various ways that people
can take action to support your campaign.
Purpose: To provide sample tweets, a call script, visual graphics, and other materials for
supporters to be able to quickly call their representatives, message the Governor’s Office, and
post about your campaign on their social media platforms.
Target audience: Supporters of your campaign that want to use their social media platforms to
spread the word about your story and encourage others to support your clemency.
Digital Toolkit components can include:
●
●
●
●
●
●

Graphics
Sample tweets with Twitter handles of your targets
Call script & targets’ phone number
Support letter template & submission instructions
Testimonials from loved ones
Links to petitions, crowdfunds, and other resources

You can find sample digital media toolkits in the Appendix.

17

5. More “How To” Social Media Resources
How to create a Facebook account (needed for making Facebook events and Live
Streams)
How to create a Facebook event
How to use Facebook Live
How to create a Gmail account (needed to create a Google document)
How to create a Google document
How to create a Twitter account

6. Other Social Media Strategies
Purpose: To make your social media impact on the Governor's Office even stronger.
Target audience: Community members, supporters, or the general public.
Examples:
●

●
●

Coordinated social media days of action (where many individuals call, post public
comment, and/or tweet at the Governor within the same time frame):
○ #FreeLiyah - Twitter Power Hour
○ #KeepAnHome - Social Media Day of Action
○ #FreeBlueSky - Social Media Day of Action
○ #BringThemHome - Mother’s Day Toolkit
Symbolic delivery of a petition to the Governor’s Office and making a social media event
out of this delivery by posting a video of many people delivering the petition.
Get creative! Even though past campaigns have used these strategies, this is an
opportunity for you to get creative with how you can effectively deliver your message to
the Governor’s Office.

See below for the #FreeLiyah - Twitter Power Hour toolkit:

18

#FreeLiyah Twitter Power Hour
Monday, May 18 @ 10am PT/12pm CT/1pm ET
Follow @survivepunish (moderator - questions will come from this account)
Use hashtags: #FreeLiyah #FreeThemAll #ClemencyNow #FreeSurvivors
#SurvivedAndPunished
Background: Liyah Birru is an Ethiopian immigrant survivor of domestic violence, who is
currently in ICE detention for defending herself from her abusive husband. Like so many Black
women who dare to defend themselves, Liyah is being punished for protecting herself against
the severe violence of a man who said no one would believe her if she ever dared to ask for
help. We are here to say that we not only believe Liyah, but will fight for her freedom, dignity,
and right to safety from domestic violence.
Liyah will have her immigration bond hearing on May 19, the first time since she has
been in immigration detention for the past year and a half. As we hope that Liyah will be
granted bond, the fight continues. Even if Liyah is granted bond, she will not be safe from
deportation unless Governor Newsom grants a pardon to stop her deportation. Join us in taking
action to #FreeLiyah!

Twitter Power Hour Questions:

19

@SurvivePunish (10:01) Q1: Why does the fight to #FreeLiyah matter in this moment?
#FreeThemAll #ClemencyNow #FreeSurvivors #SurvivedAndPunished #BlackLivesMatter
● This is a crucial time for immigrants, Black folks, those incarcerated, etc. Liyah
represents many of these important intersections. She is not the exception - many of
these communities are similarly criminalized.
● Survivors suffer from compromised immune systems which make them especially prone
to COVID-19 related infections
● Liyah and all criminalized survivors deserves protection and healing not a death
sentence in unsafe conditions in prison and ICE cages
@SurvivePunish (10:07) Q2: How does the criminal punishment system perpetuate
violence against survivors including in Liyah’s case? #FreeLiyah #FreeThemAll
#ClemencyNow #FreeSurvivors #SurvivedAndPunished #BlackLivesMatter
● S&P share examples from Liyah’s story
● Survivors are expected to be “perfect victims” in order to be worthy of protection
from the criminal legal system - those who defend themselves, protect their
children, are Black, immigrant, trans, etc.
● Police and courts regularly inflict violence on survivors by not believing them,
arresting them for defending themselves, deferring to the person doing harm,
and/or harsh sentencing.
● Prisons and jails collaborate directly with ICE. Incarcerated folks are often
transferred directly to ICE upon release.
● We see that the criminal legal system in fact inflicts further violence upon
survivors, effectively punishing them for surviving abuse.
@SurvivePunish (10:14) Q3: How does #COVID19 impact incarcerated people and
survivors? #FreeLiyah #FreeThemAll #ClemencyNow #FreeSurvivors
#SurvivedAndPunished #BlackLivesMatter
● Incarcerated people cannot social distance, and have limited protections and access to
health services. For example, folks incarcerated at Yuba jail (where Liyah is) got masks
only a few weeks ago.
● “If U Only Knew How They Were Really Doing Us”: Inside/Outside Communication
During A Pandemic is a statement and accounting of conditions inside from Alisha
Walker, a former sex working person criminalized for self defense
http://titsandsass.com/if-u-only-knew-how-they-were-really-doing-us-inside-outside-com
munication-during-a-pandemic/
● In April, Darlene “Lulu” Benson-Seay became the first woman incarcerated by New York
State to die from Covid-19. A criminalized survivor, she was also waiting on receiving
clemency from NY Gov Cuomo https://newrepublic.com/article/157589/death-survivor
● Carlos Escobar-Mejia, a detainee at Otay Mesa Detention Center, died after testing
positive for coronavirus. It took days for him to even get any medical attention.
https://www.10news.com/news/coronavirus/community-honors-ice-detainee-who-died-aft
er-testing-positive-for-coronavirus

20

●

Tiffany Mofield died of coronavirus complications on April 29 in a New Jersey prison after
officials moved her from an area of the prison where she was quarantined for Covid-19
symptoms into solitary confinement even though her symptoms persisted.
https://t.co/Zw9gp8Zygi?amp=1

@SurvivePunish (10:21) Q4: Why should all Governors use their power and grant
#ClemencyNow to commute sentences and #FreeSurvivors #FreeLiyah #FreeThemAll
#FreeSurvivors #SurvivedAndPunished
● Clemency is permanent release and would ensure that people are free
● Prisons, jails, and ICE detention centers impede healing, leading to lifelong
retraumatization…
● Esp important at this time of COVID-19 for survivors to be safe because cages are
epicenters of the outbreak
@SurvivePunish (10:28) Q5: What actions can we take to #FreeLiyah and
#FreeSurvivors? #FreeThemAll #ClemencyNow #SurvivedAndPunished
Email Gov @GavinNewsom to grant #ClemencyNow to #FreeLiyah and stop her deportation!
He must take action to #FreeSurvivors and to #FreeThemAll #SurvivedAndPunished
https://govapps.gov.ca.gov/gov40mail/ and choose subject clemency-pardon.
Read Liyah’s letter to her supporters: https://freeliyah.org/2020/04/30/liyahs-letter-to-supporters/
Then send a note of encouragement to Liyah: http://bit.ly/DearLiyah
#FreeLiyah #FreeSurvivors #FreeThemAll #SurvivedAndPunished
DONATE to #FreeLiyah! Liyah is an Ethiopian immigrant survivor who is fighting her deportation
and has her bond hearing today. The minimum bond is $1,500 but can be 4x’s as much. Venmo:
@survivedandpunished or @freeliyah http://PayPal.me/ciyja
Share her story with someone. Conversations are a powerful part of organizing! We cannot
forget the importance of building with each other and welcoming people to this movement.
Take action with a selfie: I am joining the movement to call on @GavinNewsom to grant
#ClemencyNow to #FreeLiyah Birru, #FreeSurvivors, and #FreeThemAll.
#SurvivedandPunished

21

1. Tag Gov. Newsom and use hashtags
#Freeliyah #FreeThemAII
#SurvivedandPunished
#ClemencyNow

~

~

2. Upload pie holding sign saying some
version of "Gov. Newsom: #Freeliyah
and All Criminalized Survivors
#FreeThemAII

3. Tag Governor Newsom on your selfie
{@Gavin Newsom)

#FreeLiyah’s story is not exceptional:
https://carenotcages.com
● Boost FreeThemCA: https://survivedandpunished.org/freethemca/
● Boost Care not cages
Outreach email - Please forward this sample outreach email to your network!
Subject: Take Action: #FreeLiyah & All Criminalized Survivors
Please join Survived and Punished (@survivepunish) to demand that Governor Newsom
(@GavinNewsom) pardon Liyah Birru and release all criminalized survivors from cages.
Below are sample tweets & images directed @GavinNewsom with actions we will take. If your
schedule allows, plan to join us for our “twitter power hour” at 10 am PT/1 pm ET on
Monday, May 18th. We will dedicate this time to tweet as much as we can. If you cannot
join for that time, please tweet whenever you can starting today and the rest of this week.
Here is a (link to toolkit) to share with your networks & here are the actions we ask you to take:
Twitter Selfie Instructions: We are calling on Governor Newsom to grant a pardon for Liyah
Birru and release All Criminalized Survivors. #FreeLiyah #FreeThemAll #SurvivedandPunished
#ClemencyNow. Instructions on how to participate are below:
Sample Tweet: TAKE ACTION: I am joining the movement to call on @GavinNewsom to grant
a pardon for Liyah Birru & release All Criminalized Survivors. #FreeLiyah #FreemThemAll
#SurvivedandPunished #ClemencyNow

22

1. Tag Gov. Newsom and use hashtags
#Freeliyah #FreeThemAII
#SurvivedandPunished
#ClemencyNow

~

~

2. Upload pie holding sign saying some
version of "Gov. Newsom: #Freeliyah
and All Criminalized Survivors
#FreeThemAII

3. Tag Governor Newsom on your selfie
{@Gavin Newsom)

23

III. BUILDING A NON-PUBLIC CLEMENCY CAMPAIGN
A public clemency advocacy campaign might not be the best option for everyone. If
you cannot, or do not want to use media outlets or social media platforms to amplify
your application, there are many other ways to activate and organize your community
to advocate on your behalf. Here are some critical steps you can take for campaigns
without social media:

Focus on Building out Strong Support Materials
Specifically, focus on making your support packet as strong as possible, getting as many
support letters as possible from people you know, former, present, and future employers or
supervisors, legislators, organizations, and institutions. For medical reprieves, support from your
physicians, public health organizations, and individuals who are committed to supporting you
upon release will be highly relevant.
Focus on Urging Your Family and Community Members to Email the Governor and Call
and Email their legislators.
You and your supporters can urge community members through email, flyering in your local
community centers, and reaching out to local advocacy groups to call and submit letters (via
email, mail, or the Governor’s website) in support of your application. Community members
submitting support through the Governor’s website has proven to be a more effective method of
demonstrating public support than online petitions (For instructions, See Section “Submitting
Support Letters And Other Supportive Documents” page 3)

24

IV. APPENDIX
A. Reprieves
Under the California Constitution, Governors have the authority to grant clemency in the form of
reprieves. Governor Newsom has granted reprieves in the form of a moratorium on executions.
A reprieve from incarceration is a suspension of a sentence, which means that one’s sentence
is put on hold to allow for release. With this type of reprieve, a person can be recalled back into
custody at any time at the discretion of the Governor. A medical reprieve is a type of clemency
that the California Governor’s Office started issuing in 2020 during the COVID-19 pandemic. For
California Governors, reprieves can be an alternative clemency pathway to release people with
urgent issues, including health issues. Where compassionate release is not an option under
current policy (based on eligibility restrictions and/or bureaucratic problems), medical reprieves
can be an option.
The Governor’s Office definition of a medical reprieve:
“A reprieve allows individuals classified by the California Department of Corrections and
Rehabilitation (CDCR) as high medical risk to serve their sentences in appropriate alternative
placements in the community consistent with public health and public safety.”

1. California Governor’s Record of Granting Reprieves
As of January 2022, Governor Newsom has granted a total of 34 reprieves, 32 of which were
medical reprieves. People serving parole-eligible life sentences can and have been released on
medical reprieves while awaiting parole board hearings, or after receiving a parole grant but
while awaiting administrative review.
While the majority of reprieves granted by Governor Newsom thus far have been medical
reprieves, he has also granted a few reprieves to correct calculation errors and other sentencing
inequities (i.e. a person is granted parole but then told there was a calculation error and they
have more time to serve).

2. How to Apply For A Medical Reprieve
Currently, there is no specific application for a medical reprieve in California. People
incarcerated in California’s state prisons can apply for a medical reprieve using the general
commutation application. Applicants should flag their applications as medically urgent — see
the following suggestions. (For instructions on how to apply or reapply for a commutation,
request California Coalition for Women Prisoners (CCWP) “Commutation Application Guide” by
writing to California Coalition for Women Prisoners, 4400 Market Street, Oakland, CA 94608.
The guide is also available online here: https://droplwop.com/commutations-application-guide/)

25

Specific tips for applying for a medical reprieve:
● Make sure to note that you are applying for a medical reprieve on the first page of your
commutation application.
● In your application, make sure to share information about your urgent medical issue/s.
● We strongly encourage applicants to include a completed medical release form (CDCR
7385: “Authorization for Release of Protected Health Information”), making sure to list
the Governor’s Office as the “Individual/Organization to Receive the Information” in
section III.
● We strongly encourage applicants to include any potential housing and community
support that will be available to you, should you be released on a medical reprieve. We
recommend that you include this information in your application, and also ask supporters
to include details about resources that will be available to you in their support letters (i.e.
“I have a wheelchair accessible room available for X in my home in Stockton and look
forward to supporting X with rides to medical appointments.”). If you do not have family
or community support currently available to you, please do not hesitate to apply for a
medical reprieve. People have received medical reprieves without family to support them
with housing, etc.
● We suggest that applicants describe the level of care needed. For example, if you can
take care of your basic needs but have mobility restrictions, please describe this. If you
can take care of your basic needs with in-home family support, we recommend you
share this. If you need support in a skilled nursing facility, or in hospice, it will be
important to include this information in your application.

3. Medical Reprieve Advocacy
If you are looking for ways to highlight your medical reprieve application after applying, we
recommend gathering and sending support letters to supplement your application, including
from healthcare providers (including prison doctors, nurses, etc.), legislators, community-based
organizations, as well as family and friends.
It appears that public advocacy for pardons and commutations may be more impactful than for
medical reprieves. Before engaging in public advocacy, we recommend you read Section 2(A) of
this guide on page 3. If you still choose to pursue public advocacy for your reprieve application,
we recommend focusing on your need for a medical reprieve based on your age and/or urgent
health concerns. It may be helpful to mobilize specific support from public health agencies, as
well as healthcare providers. Please see sections in this guide on traditional and social media
organizing, as well as gathering support letters from legislators, community-based
organizations, etc.

26

4. What to Expect If Granted A Medical Reprieve
If granted a medical reprieve, you should expect that there will be regulations attached to the
reprieve, such as a curfew and electronic monitoring in the form of an ankle monitor. The parole
officer assigned to you upon release will likely attach the ankle monitor on the day of your
release, or soon after.
While people granted medical reprieves are considered “out of custody” and under parole
supervision, they are not on probation or lifer parole. People serving life sentences who are
granted medical reprieves only shift to lifer parole supervision after they receive a parole grant
at a parole hearing in the community and have completed the parole review process by the
Board of Parole Hearings (BPH) and the Governor. Parole hearings for people released through
medical reprieves are currently being conducted on zoom. Thus far, people who have been
reprieved have not received new psychological evaluations (Comprehensive Risk Assessments)
before their parole hearings.

Please find the medical release form (CDCR 7385, “Authorization for Release of Protected
Health Information”) below:

27

DEPI\RThlENTOFCORRECTIONS i\NDAEHAS L ITATKlN

Form:Page1 o12
lns tructlons : Pages3&4

CDCR7385(Rev. 10/19)

All sections must be com leted for the authorization to be honored. Use "NIA" if not ap licable.
I. Patient Information
First Name _ _ _ _ _ _ Middle Name·_ _ _ __

City/Stale/Zip

II. Individual/Organization Authorized to Release Personal Health Records if Other Than CDCR
Name: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
City/State/Zip

Ill. Individual/Organization to Receive the Information
[45C.FR§164 .5081cJl1)( ii).I Oi)&CivCode§56.11(eJ, (flJ
Tile undersigned hereby autllorizes CDCR"s Health Information Management to release tile heallh information pursuant to this autOOrizatioo

Name _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Re lationsh ip to Patie nt _ _ _ _ _ _ _ Phone _ _ _ __
City/State/Z ip·

IV. Authorization Expiration Event or Expiration Date for Release of Verbal Information/
J4sc Xt~~~~~Vi~~~i ~ d €o'J;f56.11(hll
Unless otherwise revoked by the patient. th is authorization for the release of hea lth care information to the above-named
individuaUorgan ization wi ll expire on the date specified be low, event identified, or 12 mo• nths from the date signed in Section IX
wtlicheveroccursf1rst:

lDateofE,p,rnt,oo:

____

Event: _ _ _ _ _ _ _ _ _ _ _ _ _ __

From (mm/dd1yyyy):

To (mm/dd/yyyy)

V. Health Care Records to be Released - General
45CF.R.

164508c 1 ; &C ivCode

561 1 di. ( J

I authorize records for the fo llowir,g pe ri od of time to be released (must be completed to rece ive reco rds)

From (mmlddlyyyy) _ _ _ _ _ _ __

To (mmi dd/yyyy)· _ _ _ _ _ _ __

VI. Health Records to be Released • Specify
45 C.F.R.

□ communicable Disease Records

164.508,(c (1 (i) & Civ. Code~ 56. 11 d • I J

Signature·

Date: _

0GeneticTestingRecords

f~m _ _ fo _ _ Signature _ _ _ _ _ _ Date: _

OHI\I Test Results

from _ _ fo _ _ Signature

□ Med ication Ass isted TreatmentRecordsfrom _ _ fo _ _ Signatu re:
0

Date: _
Date:_

Menta1HealthTreatmentRecords

from _ _ fo _ _ Signature _ _ _ _ _ _ Date: _

O substallCeUse Disorder Records

from _ _ fo _ _ Signature· - - ~ - ~ - Date: _

NOTE: Health records released as pa<t ol this authorization may contain references related to 00<1tal , m edical. mental haatth. 9Jb5tanc8 use

disorder, medic~tion assisted treatment genetic testing, com mur1 icable disease . ~nd HIV coodihor1 s
Re quest s fo r p syc hotherapy notas require a separate CD CR 7385 and may no t be combined w ith any other req uBSt f or healt h r&eords .

OPsychotherapyNotos
Un, LJtho,izod ool loclioo,ct-iOO , '-"'t, discl>&UM , mc,jifC,11io,, 0<dootrOCliooc(fl'M">OO• ly <lonb!labl<l informatOO aOOlor
pro toctooOOa lthi'11oomat>;}n may subj<>CtirldMdua ls 1<l <:M l l abiiyuodor appk:at,le kloo.-a l aOOstato law,

28

OEPAfil'-'ENl Of'\:ORRE~ T0N$AND R£HAfllU T~ TK)!<

Form:Pa9e 2 ol 2

CDCR7385(Rev. 10/191

l nstructlons:Pages3&4

All sections must be completed for th e authorization to be honored Use "N/A" if not applicable

D Health Care

□ Personal Use QLegal O0ther (please specify):

VIII. Authorization Information
I understand the following :
1. I authorize the use or disclosure of my individually identifiable protected health information as described
above for the purpose listed. I understand this authorization is voluntary.
2. I have the right to revoke th is authorization. To do so I understand I can submit my request in w riting to
my current institution's Health Information Management (health records). Th e authorization will stop further
release of my protected health information on the date my val id revocation request is received by Health
Information Management. {45 C.F.R. § 164 .508(c)(2)(i)]
3. I am signing this authorization voluntarily and understand that my health care treatment wi ll not be
affected if I do not sign this authorization . [45 C.F.R. § 164.508(c)(2)(ii)J
4. Under California law, the recipient of the protected health information under the authorization is
prohibited from re-d isclosing the protected health information, except with a written authorization or as
specifically requ ired or permitted by law. [Civ. Code§ 56.13]
5. If the organization or person I have authorized to receive the protected health information is not a health
plan or health care provider, the released information may no longer be protected by federal and slate
privacy regulat ions.[45 C.F.R. § 164.524(a)(2)(v)]
6. I have the right to receive a copy of this authorization. [45 C.F.R . § 164.508(c)(4) & Civ. Code§ 56.11(i)]
7. Reasonable fees may be charged to cover the cost of copyi ng and postage re lated to releasing this
protected health information. [45 C .F.R. § 164.524(c)(4} et seq. & California Health and Safety Code§
123110,etseq.]
8. I understand that my substance use disorder records are protected under the federal regu lations
governing Confidentiality and Substance Use Disorder Patient Records , 42 C.F.R., Part 2, and the Health
Insurance Portability and Accountability Act of 1996 ("HIPAA"), 45 C.F.R. pis 160 & 164 , and cannot be
re disclosed without mv written con sent unless otherwise rovided for bv the reaulations.

IX. Patient Signature
!45 C.F.R.§ 164 .508(c)ll)(vi)&Civ CDde§5611 (c)( 1)

Name:(Print) _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
Signature ~~-~=~~=-~~~~~~~~=~ Date
If no expiration date is specified in sectioo IV, this authorization wi ll expire 12 months from this dale.
Nameofpersonsigningform, if not patient (Print)· _ _ _ _ _ _ _ _ _ _ _ _ __
Signatu re _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Date:
Describe authority to sign form on behalf of patient
Name of translator/interpreter assisting patient, if applicable (Print) _ _ _ _ _ _ _ _ _ __
~

atureoftranslator/inlerpreler:

~~~~=~~~~~~-~~ Date

Un,LJthomodoolloctioo,ct-lOO , L>«t,discio&UM , mc,j<fic.l""""'do""OCllooc(fl'>'>OO•ly<lonb!labl<lonformatOO ar>dlor
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29

CDCR7385(Rev. 10/19)
Instructions
Nole: Part IV is the request for release of verbal health care information or health care information as part
of written correspondence, and Part V is the request for release of health care record s.

f!!!..! - "Patient Information":

Records the patient"s ful l name (last, first, and middle), CDCR number, date of birth,
and address if he/she is paroled or released (incarcerated patients do not need to provid e an address)

Part JI - "Individual/Organization Authorized 1o Release Personal Health Records if Other Than CDCR":
Reco rds the name and address of the individ ua l o r organization authorized to release persona l hea lth records if
other than CDCR.
Part Ill - 'Individual/Organization to Receive the Information": Records who is to receive the information.
Part IV -•
•
•
•

"Authorization Expiration Event or Expiration Date for Release of Verbal lnformationl'Nritten
Correspondence": Used by the pat ient to lim it the time pe ri od during which information may be shared.
The patie nt may e nter th e date he/she wants th e authorization to expire.
The patie nt may e nter an ex piration event.
The patie nt may e nter a date range of information to be shared.
If no ex piration date is specified, this aut horization is good for 12 months from the date signed in Section IX.

Part V - "Health Care Records to be Released - General ": Contains a designated line for the date range of health
care records to be released
• "Medical Services " is checked when the patient w ishes to have info rmation released related to med ic al care.
• "Dental Services" is checked when the patient wishes to have informatio n re leased related to denta l treatment
• "Other" is checked when the patient wishes to further restrict or further authorize the release of his/her medical
information. a nd he/she is to write those wishes on the line provided.
Part VI - "Health Records to be Released - Specify": Health care informa tion in this sectio n requires a date range,
additiona l signa ture . and signature date
• "Communicable Disease" is checked when the patien t wishes to have info rm ati on re leased related to
communicable disease testi ng and treatment. Comm unicable disease includes sexually t ransmitted infections.
• "Genetic Testing " is checked when the patient wishes to have information released re lated to genetic testing.
• "HIV Test Results" is checked when the patient wishes to have HIV test results released .
• "Medication Assisted Treatment Records " is checked when the patient wishes to have information related
to medication assisted treatment released .
• "Mental Health Treatment Records " is checked when the patient wishes to have information re leased
re lated to mental health treatment.
• "Substance Use Disorder Records" is checked w hen the patient wishes to have information related to
substance use di sorder treatment rele ased.
• "Psychotherapy Notes" is checked w hen the patient wi shes to have psychotherapy notes rel eased
Reguests for psychotherapy notes requi re a separate CDCR 7385 and may not be combined with any
other request for health care records .
Under HIPAA, there is a difference between reg ula r personal health informatio n and psychotherapy notes. The following
is HIPM's definition of psychotherapy notes (§ 164.501)

Psychotherapy notes means notes recorded (1n any medium) by a health care provider who 1s a mental health
professional documenting or analyzing me contents of conversation during a private counseling session or a group,
joint, or family counseling session and that are separated from lhe rest of the individual's medical record. Psycholherapy
notes e'l{c/udes medication prescription and monitoring, counseling session start and sfop limes. fhe rnocfaliries and
frequencies of treatment furnished. results of clinical lests, and any summary of /he following ifems: diagnosis,
functional status. the lrealmenl plan, symptoms. prognosis, and progress fo dale
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protoctoo OOalth infooma>;}n may subj<1Cl irldMduals IO ci>a l l abiiy uodor appk:able kldo.-a l arid stato law,

30

AUTHORIZATION FOR RELEA SE OF PROTEC TED HEALTH INFORMA TION

CDCR 73B5(Rev.10/19)
Instructions {contin ued)
Part VII . " Purpose for the Release or Use of the Information"; Should have at least one box checked. The patient
may utilize this section to check the provided boxes or se lect "Other" and describe the reason{s) he/she
wants to have the information re leased. If the patient does not want to designate a purpose. he/she may
check the "Other" and state "At the request of the individual authorizing the re lease."
Part VIII - " Authoriz ation Information'"; Below this section are eight points which detail patient rights in regards
to au th orizing release of information
1. Tel ls the patient that he/she is giving authorization voluntari ly
2. Explains how to stop th is authorization. The patient may revoke the authorizat ion by submitting his/
her request in writi ng to his/her institu ti on's Health Information Management. The
authorizati on wi ll be removed from the patient's medica l record when the revocat ion is
received by Health Information Management
3. Explains that signing thi s authorization is voluntary and wi ll not affect treatment
4. Explains that the recipien t of the protected health care information under the authorization is
prohibited from re- disclosing the information, except with a written authorization from the patient or as
specifically requ ired under law.
5. Explains that the released informati on may no longer be protected by federal privacy
regu lations depending on the intended recip ient of the released informat ion.
6. Explains that the patient has the rig ht to receive a copy of this authorization. This wi ll be sent to
the patient by Health Information Management.
7. Explains that reasonable fees may be charged to cover copying and postage costs related
to releasing the patien t's health in formation .
8. Explains that substance use diso rder records are protected and cannot be disclosed without the
pati ent's written consent unless otherwise provided for by the reg ulations.
Part IX - " Patient Signature " : The bottom of page two is for the pati ent's, his/her representative's, or the
translator/i nterpreter's signature. The patient's pri nted name. signature, and date are to be entered in the
boxes provided. If this authorization is completed by a patient represe ntative (e.g., power of attorney,
estate representative, next of kin). his/her printed name, relationship to patient, signature, and date are to
be entered in the boxes provided. Also attached must be a copy of either the Power of Attorney, letters
issued in estate proceeding. or declaration of next of kin. If an interpreter/translator assisted the patient in
filling out this form, his/her printed name, signature , and date are to be entered in the boxes provided

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31

B. Resources
1. Template Support Letter From Someone You Know
Instruct your supporter(s) to replace the text in brackets with their own, relevant information and
knowledge about you.
[Date]
Office of the Governor, State Capitol, Attn: Legal Affairs/Clemency, Sacramento, CA 95814.
Re: [Person first and last name], [CDCR#]
Dear Governor [Insert Governor’s last name here]:
[Introduce yourself: What is your full legal name? Where do you live? Who are you writing this
support letter for? How do you know the person? How long have you known them?]
[Describe the positive contributions they have made in your life and in their family and
community. If possible, include stories and specific details to illustrate what you are saying about
this person.]
[Explain why it is important to you that this person is granted clemency. If you, or someone you
know, can support the person financially, emotionally, etc. please describe and add specific
examples.]
Please do not hesitate to contact me at [Supporter’s phone number] or [Supporter’s email].
Thank you for your time.
Sincerely yours,
[Supporter’s signature]
[Supporter’s full legal name]
[Supporter’s address]

2. Sample Support Letter From Someone You Know (Pardon, Family
Member)
Office of the Governor
State Capitol
Attn: Legal Affairs/Clemency
Sacramento, CA 95814
[Date]

32

Dear Governor Newsom,
My name is XXXXXX. I am XX years old and work as a Public Health Nurse in the Disease
Control Unit of the XXXXX Department of Public Health. I am a U.S. citizen and older sister of
XXXXX. I am writing to ask you to consider allowing XXXXX to stay in the United States.
My brother XXXXX was born in the small village of Ben Tre, Vietnam in 1973. My family's life in
Vietnam was very difficult. Our father worked for the United States during the Vietnam War, so
when the War ended in 1975, the Viet Cong put our father in jail for four years. We weren't
allowed to visit him, and our father was beaten regularly by the jail guards. In 1979, when our
father was released from jail, our family paid money to enroll in a program to immigrate to the
United States legally, but the Vietnam government refused to process our paperwork. After we
lost the money for our immigration application, we were very poor and lost our house. My family,
which includes my two parents and their seven children, all lived in one room. Our family used
to sell mung bean desserts in night markets every night to survive.
When we arrived in the United States, we struggled in poverty and XXXXX associated himself
with the wrong crowd. Our family lived in XXXXX from June 1990 until September 1990, when
we moved to XXXXX, California, we did not know that the neighborhood was unsafe because
we did not know a lot about the United States at the time. XXXXX and our youngest brother
attended high school during this time. Because there wasn't much room for him, XXXXX would
go out a lot. Soon after XXXXX stopped attending school, he got into an argument with our
father and left the house for good. Because we did not have any older brothers, we did not have
a way to find XXXXX. It was a very difficult time for our family. We did not hear from XXXXX
again until we received a call that he had been arrested. At that time, no one in our family
understood the English language or American culture, as we were all new to the United States
as well. We regretfully stood back and watched An be taken away from us and suffered 26
years in prison. XXXXX was finally released in November 2019. The day he was released was a
miracle we had all been waiting for.
Although XXXXX has spent most of his life in prison, he has learned quite a bit from hearing his
family's success stories and seeing them for himself when he was released. He has promised
himself and us that he will work and start as fresh as possible if he has the privilege of staying in
this country. We all know that he is committed to remaining the good man he is today. XXXXX is
excited to give back to the community as much as possible. XXXXX has such a kind soul, and I
am not just saying that because I am his sister.
I urge you to please pardon XXXXX and allow him to remain in the United States with his family.
If you require any additional information, please do not hesitate to contact me at [add phone
number and email address].
Best,
XXXXX
Public Health Nurse, Disease Control Unit X of Public Health

33

3. Sample Support Letter From Someone You Know (Commutation)
Office of the Governor
State Capitol
Attn: Legal Affairs/Clemency
Sacramento, CA 95814
[Date]
Dear Governor Newsom,
Hello, my name is XXXXX, a retired elementary school teacher with 30+ years of
service. I am writing this letter in regards to XXXXX’s application for commutation. I knew
XXXXX when he was a student of mine in the fifth grade at a small country school just outside
of Placerville, California. I also knew his siblings, who were also former pupils of mine. I have
corresponded with XXXXX since his incarceration at a young age and have tried my best to
provide friendship and mentorship throughout. He has kept me informed of all of his efforts in
prison to improve himself, including taking advantage of every educational, vocational and
self-help program offered to him. I have witnessed XXXXX’s deep introspection, remorse and
profound transformation. Although he struggled at the beginning, XXXXX has become a positive
leader in prison and I have learned so much from him. I am so proud to write today to support
his commutation.
Although I met XXXXX when he was a child and I was his teacher, we have developed a
mutual friendship over the years since he has been in prison. He became a close friend of mine,
and I am now sure that I have learned more from him than he has from me. XXXXX has been
so brave to share his process of rehabilitation with me, and I’ve learned so much from
everything he’s learned in his classes. I’ve been impressed by how XXXXX further applied this
knowledge by becoming a facilitator of self-help groups and teaching his peers. Some of his
students have shared their stories with me about how much he’s impacted them and inspired
them to make changes in their lives and communities. I am so proud of the man XXXXX has
become.
Based on my understanding of XXXXX’s incredibly hard work in prison, I have invited
him to work for me when he is released. I run a small education consulting business and have
plenty of work for him to do. As a plus, I would greatly look forward to visiting with him again in
person.
In closing, I strongly support XXXXX’s commutation and I look forward to supporting him
in whatever ways he needs upon release.
Best,
XXXXX
[Contact info]

34

4. Contact Information for Organizations
Organization

Mailing Address

Phone Number/Email Website

Asian
Americans
Advancing
Justice Asian Law
Caucus

Attn: CJR
55 Columbus Ave.
San Francisco, CA
94111

(415) 896-1701

www.advancingjustice-alc.org

Asian
Prisoner
Support
Committee

P.O. Box 1031
Oakland, CA 94604

info@asianprisonersupp
ot.org

www.asianprisonersupport.com

California
Coalition for
Women
Prisoners

Bay Area Chapter
4400 Market St.
Oakland, CA 94608

info@womenprisoners.o
rg
415-255-7036 ext. 4

womenprisoners.org

Los Angeles Chapter
P.O. Box 291585
Los Angeles, CA
90029
Immigrant
Legal
Resource
Center

1458 Howard Street,
San Francisco, CA
94103

415-255-9499

www.ilrc.org

Legal
Services for
Prisoners with
Children

4400 Market Street
Oakland, CA 94608

(415) 255-7036
info@prisonerswithchildr
en.org

prisonerswithchildren.org

Southeast
Asian
Resource
Action Center

1225 8th Street, Suite
430
Sacramento, CA 95814

(202) 601-2969
searac@searac.org

www.searac.org

Root and
Rebound*

1610 Harrison st
Suite E-East
Oakland, CA 94612

510-279-4662
Roadmap@rootandrebo
und.org

www.rootandrebound.org

Youth Justice
Coalition

7625 S. Central Ave.
Los Angeles, CA 9001

phal.sok@youth4justice.
org

youthjusticela.org

P.O. Box 73688
Los Angeles, CA
90003

213-761-4226

35

Justice
Reinvestment
Coalition of
Alameda
County

2323 Broadway Suite
103
Oakland, CA 94612

dannyt@urbanstrategies
.org

https://www.jrcofac.org/membe
rs

Silicon Valley
De-Bug

701 Lenzen Ave
San Jose, CA 95126

408-971-4965
info@siliconvalleydebug.
org

www.participatorydefense.org

Creating
Restorative
Opportunities
and Programs
(CROP)

CROP
ORGANIZATION
1300 Clay Street,
Ste 600
Oakland, CA 94612

209-354-6065
info@croporg.org
Or
richard.mireles@croporg
.org

https://www.croporganization.or
g/

Ella Baker
Center for
Human Rights

1419 34th Ave, Suite
202, Oakland, CA
94601

510-428-3939
policy@ellabakercenter.
org,

www.ellabakercenter.org

Families
United to End
LWOP (FUEL)

6109 S. Western Ave
#206 L.A., CA 90047

424-744-1156
fuelwop@gmail.com
gerifcp@gmail.com

Fair Chance
Project

6109 S. Western Ave
#206 L.A., CA 90047

424-744-1156
gerifcp@gmail.com

Support
Don't Deport
Collective

Members in Long
Beach and Inland
Empire

520-990-6003
sddcollective.21@gmail.
com

*Root & Rebound and ILRC can provide resources but do not represent people in individual
clemency petitions.

5. Template Letter to Request A Support Letter From An Organization
Dear [Name of Organizational Contact],
My name is [name and relationship to the clemency applicant].
I am writing to ask [Name of organization] to write a letter in support of [Applicant/Your Name]’s
clemency application. [Describe any connection you have to the organization].
[Your Name] has served [Number of years] in prison. A [pardon/commutation] does not erase
the harm caused by [Applicant], nor does it erase [Applicant’s] commitment to making amends.
Rather, clemency recognizes [Applicant’s] personal transformation and allows them to continue
serving and contributing to their family and community. [Alternate language: If you maintain your
innocence, or you were convicted for someone else’s actions, you can phrase it as “I was
convicted of....”]
[Describe the programs and types of work you have participated in, your plans for the future,
familial and community connections, job opportunities, stable reentry plans, housing
arrangements upon release, and other reasons the applicant is deserving of a grant of
clemency. If you have already been released from prison, describe what you have been doing
since your release (e.g., your employment, community service, or reconnecting with family and
community)].
[Your Name]’s request for clemency is urgent for the following reasons. [Describe any
circumstances that make the applicant’s clemency urgent (for example, they are medically
vulnerable or are facing deportation)].
Attached is a sample support letter that [Name of organization] can personalize, and more
background on [Applicant’s] story. Please send the letter to [email address or mailing address]. I
look forward to your response. Thank you for your time and consideration, and let me know if
you have questions.
Sincerely,
[Name and contact information]

6. Template Support Letter From An Organization
Attach this sample/template letter to your requests to organizations, or include it in a physical
letter.
[yellow highlight] = fill in before sending to the organization [blue highlight] = leave blank for the
organization to fill in
[Letterhead] [Date]
California Governor
State Capitol
Attn: Legal Affairs/Clemency

37

Sacramento, CA 95814
Re: Letter of Support for [Applicant’s Name]
Dear Governor [Name of Current Governor],
[Add description of your organization and its connection to the clemency Applicant and their
experience.]
[Name of organization] is in strong support of [Applicant’s] clemency application. [If applicant’s
clemency is urgent, add text describing the urgency here].
[Provide context for applicant’s conviction(s) here. Examples: childhood trauma, refugee
background, surviving intimate partner violence, criminalized and sentenced while still a child,
etc.]
[If applicant maintains innocence, this paragraph can be taken out] Today, [Applicant] is
committed to leading a productive life and making amends for harm [he/she/they] caused.
[Applicant] carries deep remorse for decisions [he/she/they] made and for the damage those
decisions caused. [Describe in detail the self-help programs, self-reflection work, job
experience, leadership roles, etc. the applicant has participated in or taken on that have
contributed to the applicant’s personal growth].

-

[Explain why it is important the applicant receives a pardon or clemency].

--

I strongly support [Applicant’s] application for a [pardon/commutation]. A [pardon/commutation]
does not erase the harm caused by [Applicant] nor does it erase [Applicant’s] lifelong
commitment to making amends. Rather, clemency recognizes that [Applicant’s] personal
transformation allows [Applicant’s pronoun] to continue serving and contributing to their family
and community. [Describe reentry plans (if applicable), including housing, job opportunities,
familial/community ties, and other plans if the applicant receives clemency]. I strongly
encourage you to grant [Applicant’s] clemency application.
Sincerely,
[Signature & Title, Name of Organization, Contact Information]

7. Sample Support Letter From An Organization
Governor Gavin Newsom
State Capitol, Suite 1173
Sacramento, CA 95814
March XX, 2020
Re: Commutation Support for XXXXX (CDCR#)
Dear Governor Newsom,
I am writing to express our complete support for commutation for XXXXX, who is now XX years
old. We at the California Coalition for Women Prisoners (CCWP) have been working with

38

XXXXX for nearly a decade. I personally met XXXXX about five years ago. I have been
impressed with XXXXX’s positive approach to her incarceration. She has maintained her loving
family ties, continued to parent her children as much as possible, and given back to her
community. I have experienced XXXXX as consistently demonstrating care and kindness to
others. I am honored to support XXXXX’s application for clemency and urge you to expedite her
release given her severe health issues, her remarkable self-development, her positive prison
record, and her community service, even while physically disabled and chronically ill.
CCWP staff and volunteers are committed to supporting XXXXX throughout her transition home.
We are working closely with her family and know that she has several housing offers with family
members, including with her sister XXXXX in Los Angeles, and her daughter XXXXX in San
Bernardino. She also has a transitional housing acceptance letter to XXXXX.
CCWP has strong communities of support for women reentering across California and we are
eager to support XXXXX to access the resources she needs to ensure her safe and productive
transition home. I will make myself personally available to XXXXX throughout her reentry,
supporting her as needed. We have provided direct support to hundreds of people released
from California’s women’s prisons who are leading productive lives and contributing
tremendously to their families and communities. I have no doubt that XXXXX will thrive upon
release.
I respectfully urge you to commute XXXXX’s sentence. Thank you for your time and
consideration. Please feel free to contact me with any questions or concerns.
Sincerely,
[Name, title and contact information]

8. List of State Senators And Assembly Members
CA Assembly Members: https://www.assembly.ca.gov/assemblymembers
CA Senators: https://www.senate.ca.gov/senators
See full roster of the CA Assembly Members and Senators and their contact information below:

39

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9. Template Letter to Request A Support Letter From An Elected
Representative
Dear [Name of Elected],

-

My name is [your name]. I am writing to ask [Name of elected representative] to write a letter in
support of my clemency application. [Describe any connection the representative has to you,
your family, or your experience, especially if you are a constituent].
I have served [number of months and years] in prison. A [pardon/commutation/medical reprieve]
does not erase the harm caused by me, nor does it erase my commitment to making amends.
Rather, clemency recognizes my personal transformation and allows me to continue serving and
contributing to my family and community. [Alternate language: If you maintain your innocence
and cannot state that you committed the crime, or if you were convicted for someone else’s
actions, you can phrase it as “I was convicted of .”]
At the time of my conviction, I was struggling in the following ways.[Here you may add an
explanation of any mitigating factors regarding the crime here: your age if under 26 years old;
any history of domestic or sexual violence; addiction of any kind, including a history of addiction
in your family; the impact of discrimination due to race, gender, economic status, disability.]
I am committed to my personal growth and gaining skills. [Describe the programs and types of
work you have participated in, your plans for the future, familial and community connections, job
opportunities, stable reentry plans, housing arrangements upon release, and other reasons you
are deserving of a grant of clemency. If you have already been released from prison, describe
what you have been doing since your release (e.g., your employment, community service, or
reconnecting with family and community)].
My request for clemency is urgent for the following reasons. [Describe any circumstances that
make your clemency critical (for example, you are medically vulnerable or are facing
deportation). If you are applying for a medical reprieve, name your medical condition(s), the type
of care you need, and why it is necessary for you to receive medical care in the community and
not in prison].
Include this paragraph if you are applying for a medical reprieve:
I have been diagnosed with the following medical conditions: [name your diagnoses]. Due to
my serious health conditions, I require the following medical care [describe, in detail, the types
of care you need, and why it is necessary for you to receive medical care in the community, and
not in prison]. If released, I will live [name of residence where you can live] and will receive
necessary medical care from [name of health services provider].
Attached is a sample support letter that [Name of Elected] can personalize. Please send the
letter to [email address or mailing address]. I look forward to your response. Please let me know
if you have any questions or need any more information.
Sincerely,
[Your name and the best way to contact you]

54

10. Template Support Letter From An Elected Representative
Attach this sample/template letter to your requests to elected representatives, or include it in a
physical letter.
[yellow highlight] = fill in before sending to the elected representative [blue highlight] = leave
blank for the elected representative to fill in
[Letterhead]
[Date]
California Governor
State Capitol
Attn: Legal Affairs/Clemency
Sacramento, CA 95814
Re: Letter of Support for [Applicant/Your Name]’s [Commutation/Pardon/Medical Reprieve]
Application
Dear Governor [Name of Current Governor],
I represent [X District]. [Include any information on your connection to the applicant, the
applicant’s family, or the applicant’s experience.]
I write in strong support of [Applicant/Your Name]’s clemency application. [If your clemency is
urgent, explain why here]. [Your name] has served [months/years] in prison. [Alternate
language if you’ve already been released: [Your name] was released from prison on [date of

....

your release], and has been contributing to their community in the following ways [list
contributions since your release.] [Your name] carries deep remorse for decisions [he/she/they]
made and for the harm those decisions caused. Today, [Your name] is committed to leading a
productive life and making amends for harm [your pronoun] caused. A
[pardon/commutation/medical reprieve] does not erase the harm caused by [Your name], nor
does it erase [his/her/their] commitment to making amends. Rather, clemency recognizes
[his/her/their] personal transformation and allows [him/her/them] to continue serving and
contributing to [his/her/their] family and community. [Alternate language: If you maintain your
innocence and cannot state that you committed the crime, or if you were convicted for someone
else’s actions, you can phrase it as “I was convicted of .”]

-

At the time of [his/her/their] conviction, [Your Name] struggled in the following ways. [Provide
context for your conviction(s) here. (E.g., your age if under 26 years old; any history of domestic
or sexual violence; addiction of any kind, including a history of addiction in your family; the
impact of discrimination due to race, gender, economic status, disability;or refugee
background.)]

-

[Your name]’s commitment to personal growth is evident in [his/her/their] participation in the
following self-help and educational programs. [Describe in detail the self-help programs,
self-reflection work, job experience, or leadership roles you have participated in or taken on that
have contributed to your personal growth. If you have already been released from prison,
describe what you have been doing since your release (e.g., your employment, community
service, or reconnecting with family and community)]. Clearly, [Your name] has the skills and
experience to succeed and continue to contribute to their community.

55

[Your name]’s request for clemency is urgent and should be expedited for the following reasons.
[Describe any circumstances that make your clemency urgent (for example, you are facing
deportation). If you face deportation you can describe your strong ties to the United States, why
it may be dangerous for you to be in immigration detention and deported, and why it is important
that you remain in the United States].
Include this paragraph if you are applying for a medical reprieve:
[Your name]’s request for clemency is urgent and should be expedited for the following reasons.
[Your name] has been diagnosed with the following medical conditions [name your diagnoses].
Due to [his/her/their] serious health conditions, [Your name] requires the following medical care
[describe, in detail, the types of care you need, and why it is necessary for you to receive
medical care in the community, and not in prison]. If released, [Your name] will live [name of
residence where you can live] and will receive necessary medical care from [name of health
services provider].

-

I strongly encourage you to grant [Your name] clemency application. Please let me know if you
have any questions or need any more information.
Sincerely,
[Signature & Title, Contact Information]

11. Template Letter to Request Support For A Resolution

-

Subject: Please Support [City/County] Resolution In Support of [Your Name]’s Clemency
Application
Dear [Name of City/County Councilmember],

I am writing to ask for your support in passing a resolution in support of [Your name]’s clemency
application. [Explain in a few sentences why you are applying for clemency and the connections
you have to the city or county in which the resolution will be introduced and voted on.]
This resolution presents an opportunity for [city/county] to demonstrate a solid commitment to
criminalized individuals who [insert a description related to your experience (e.g., entered the
United States as refugees and survivors of war, are survivors of violence, or have worked
tirelessly to rehabilitate)].
[Describe self-help or educational courses, employment, community work, and
accomplishments you have done.] A grant of clemency would [explain what a commutation or
pardon would do for you and why it is important to you].

-

Please vote “Yes!” on [City/County] resolution in support of [Applicant’s] clemency application.
Thank you for your time and consideration, and let me know if you have questions. I look
forward to hearing from you.
Sincerely,
[Name and contact information]

56

12. Sample Resolutions in Support of Clemency Applications
[Full resolution: Danny Thongsy (see on following page), Oakland resolution for Danny and
Sakhone]

57

FILE NO. 200247

1

RESOLUTION NO.

106-20

[Urging a Full Pardon of Sakhone Lasaphangthong and Somdeng "Danny" Thongsy]

2

3

Resolution urging the Honorable Gavin Newsom, Governor of California, to grant

4

Sakhone Lasaphangthong and Somdeng "Danny" Thongsy a full pardon to allow them

5

to remain in the United States.

6
7

WHEREAS, The American War in Southeast Asia (Vietnam War/Secret War) resulted

8

in refugee resettlement to the United States of people from Laos, including people from the

9

Hmong, Lao, Vietnamese, Cambodian, Lu-Mien, Khmu and other ethnic minority groups; and

10

WHEREAS, Many of the same refugees have been served deportation orders, some

11

who have no family ties, do not speak the language, or have never lived in Laos; and if

12

deported would face marginalization, violence, or death; and

13

WHEREAS, Sakhone Lasaphangthong was born in war-torn Laos, was separated from

14

four out of his nine siblings at the age of 5, and lived at a refugee camp in Thailand for two

15

years before arriving in the United States to California; and

16

WHEREAS, Lasaphangthong experienced the trauma of war in Laos, grew up when

17

"tough-on-crime" policies criminalized communities of color resulting in mass incarceration

18

and children serving life sentences, and wound up in the criminal justice system at age 22 for

19

second degree murder; and

20

WHEREAS, While incarcerated for 20 years of a 30-year sentence before being

21

granted parole, Lasaphangthong transformed his life, devoting his time to education, attaining '

22

three associate degrees in social and behavioral science, general business, and American

23

studies; leveraging his status among other prisoners to convince them to join the college

24

program, increasing the attendance from 4 to 300; and

25
Supervisors Mar; Preston, Haney, Walton, Ronen, Fewer, Mandelman
BOARD OF SUPERVISORS

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58

1

I

WHEREAS, Following his release, Lasaphangthong made numerous positive

2

1

contributions to his community and society, moving to San Francisco, working as an

3

Ambassador for Asian Prisoner Support Committee and Housing Manager for Family Bridges,

4

cleaning streets in Oakland Chinatown and connecting homeless individuals with resources,

5

and spearheading a campaign to successfully move 38 individuals from the streets into the

6

Oak Street Community Cabins; and

7
8
9
1O
11

WHEREAS, Lasaphangthong is facing imminent deportation to Laos, away from his
home in the United States to a country he fled as a small child; and
WHEREAS, Somdeng "Danny" Thongsy was born in a refugee camp in Thailand after
his family fled the war in Laos and later resettled in Stockton California; and
WHEREAS, Thongsy experienced the traumas of war in Laos, the violent death of his

12

brother, growing up in an impoverished neighborhood, and wound up incarcerated as a minor

13

at the age of 17 for second degree murder; and

14

WHEREAS, While incarcerated for more than 20 years, Thongsy transformed his life,

15

incurring no disciplinary record throughout prison, graduating with a high school and college

16

degree, joining and facilitating numerous self-help programs, mentoring others to make

17

positive choices, finding spirituality and becoming active in chapel programs and religious

18

studies, advocating with Kids Creating Awareness Together (Kid CAT), helping pass

19

California's Senate Bill (SB) 260 and SB261 Fair Sentencing for Youth, to give youth impacted

20

by the criminal justice system a fair chance of parole; and

21

WHEREAS, Following his release, Thongsy made numerous positive contributions to

22

his community and society, beginning a fellowship at Asian Americans Advancing Justice -

23

Asian Law Caucus (AAJC-ALC) as a Yuri Kochiyama Fellow, engaging in community

24

outreach as a member of the Asian Prisoner Support Committee, being active in his church

25

community and interfaith organizations, volunteering extensively in the Bay Area helping with
Supervisors Mar; Preston, Haney, Walton, Ronen, Fewer, Mandelman
BOARD OF SUPERVISORS

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59

1

re-entry support and teaching origami to youth, attending leadership workshops and

2

conferences, and promoting community justice and safety as a Campaigner/Coordinator at

3

the Justice Reinvestment Coalition of Alameda County; and

4

WHEREAS, Thongsy is facing imminent deportation to Laos, a country he has never

5

set foot in because of his immigration status, and the United States is the only country he has

6

known given that he arrived here as a refugee when he was 2 years old; and

7

WHEREAS, Pardon is one of the only ways to prevent deportation, and would give

8

Lasaphangthong and Thongsy the chance to remain in the United States and remain as

9

contributing members of society; and

10

WHEREAS, On April 2, 2019, the San Francisco Board of Supervisors unanimously

11

passed File No. 190320, which is a resolution respectfully urging the Trump Administration to

12

stop the massive deportation of rehabilitated formerly incarcerated Southeast Asian nationals;

13

now, therefore, be it

14

RESOLVED, That the City and County of San Francisco supports an immigration

15

system that keeps families together and does not determine a person's value by their

16

immigration status or whether they have been incarcerated; and, be it

17

FURTHER RESOLVED, That the City and County of San Francisco condemns the

18

deportation of Southeast Asian refugees in the United States, especially ethnic minorities, and

19

does not support the removal of Lasaphangthong and Thongsy from the U.S.; and, be it

20

FURTHER RESOLVED, That the San Francisco Board of Supervisors requests that

21

Governor Gavin Newsom pardon Sakhone Lasaphangthong and Somdeng "Danny" Thongsy

22

so they can remain in their homes in the United States and continue to improve our

23

community; and, be it

24

25

FURTHER RESOLVED, That the San Francisco Board of Supervisors herby directs
the Clerk of the Board to transmit copies to Federal and State Representatives in San

Supervisors Mar: Preston, Haney, Walton, Ronen, Fewer, Mandelman
BOARD OF SUPERVISORS

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1

Francisco with a request to take all action necessary to achieve the objectives of this

2

Resolution.

3

4'
5
6
7

8
9,

10
11
12

13
14 ,

15
16

17
18

19

20
21

22
23
24

25
Supervisors Mar; Preston, Haney, Walton, Ronen, Fewer, Mandelman
BOARD OF SUPERVISORS

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61

City and County of San Francisco
Tails

City Hall
I Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4689

Resolution
File Number:

Date Passed:

200247

March 10, 2020

Resolution urging the Honorable Gavin Newsom, Governor of California, to grant Sakhone
Lasaphangthong and Somdeng "Danny" Thongsy a full pardon to allow them to remain in the United
States.

March 10, 2020 Board of Supervisors - ADOPTED
Ayes: 8 - Mandelman, Mar, Preston, Ronen , Safai , Stefani, Walton and Yee
Absent: 3 - Fewer, Haney and Peskin

I hereby certify that the foregoing
Resolution was ADOPTED on 3/10/2020 by
the Board of Supervisors of the City and
County of San Francisco.

File No. 200247

Angela Calvillo
Clerk of the Board

UNSIGNED

3/20/2020

London N. Breed
Mayor

Date Approved

I hereby certify that the foregoing resolution, not being signed by the Mayor within the time limit as set forth in
Section 3.103 of the Charter, or time waived pursuant to Board Rule 2.14.2, became effective without her
approval in accordance with the provision of said Section 3.103 of the Charter or Board Rule 2.14.2.

3/20/2020
__________________________
Date

_______________________________
Angela Calvillo
Clerk of the Board

City and County of San Francisco

Pagel

Printed at 10:12 am 0 11 3/11/20

62

13. Journalist Style Guides
https://www.immigrantdefenseproject.org/wp-content/uploads/2021.07-CommUnity-StyleGuideR4.pdf (See on following page)
https://curbprisonspending.org/wp-content/uploads/2021/11/Oct-2021-CURB-Language-Guide-.
pdf

63

JOURNALIST

STYLE GUIDE

Covering Immigrants with Convictions
Second Edition • July 28, 2021

COMM/ UNITY
LANGUAGE FOR LIBERATION

Prepared by the Comm/Unity Network
1

64

NOTE:

The first edition of this style guide was released a year ago, at a pivotal moment
to defend Black lives in the United States. Since then, the U.S. has continued to
grapple with issues surrounding systemic racism, including at the intersection of
mass incarceration and the immigration system.

INTRODUCTION

Across the U.S., there is unprecedented recognition that policing and incarceration have led
to the criminalization of Black people and communities of color. Data has also shown that
federal policies which co-mingle policing and incarceration with deportation have deeply
hurt immigrants of color, with disproportionate harm to Black immigrants.
Meanwhile, the number of people held in Immigration and Customs Enforcement (ICE)
detention has skyrocketed in the first half of 2021. Longstanding issues of medical neglect
fueled ICE’s highest death rate in detention in fiscal year 2020. About a third of those who lost
their lives in ICE custody in FY 2020 had tested positive for COVID-19, indicating that immigrants
in detention remain at risk of abuse and neglect on multiple fronts. Often with the leadership
of Black immigrants, detained people continue to organize—with a new report showing that
ICE subjected detained people on hunger strike to force-feeding.
It remains crucial to portray the full humanity and life experiences of people facing detention
and deportation.

FOR EDITORS AND REPORTERS

A growing number of publications and editors are assessing their use of language and
the way stories about systemic racism are told. A June 2020 article in the Economist notes,
“Seeing the bias in even innocently intended language is a first step towards understanding
that there is still work to do.”
Last year, the Associated Press adopted the longstanding practice of many news outlets in
capitalizing the word Black; a decision we applaud. Earlier this decade, many newsrooms,
including AP, decided to stop using the word “illegal” as a noun to describe immigrants
without documents.
We hope this guide is a meaningful contribution to conversations in the newsrooms around
language and storytelling regarding immigrants who have had contact with the criminal
justice system. In this new edition, we have added new recommendations regarding
photographs, mugshots, and B-roll, as well as updating key data where relevant and
updating our list of sources. Since initial publication, we are glad to see additional style
guides emerge relating to people impacted by the criminal-legal system, including The
Marshall Project’s “Language Project” in April 2021.
2

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TABLE OF CONTENTS
I. Background
1. Multiple layers of injustice
2. Beyond the labels
3. COVID-19 context

II. Key information and recommendations
1. The criminal legal system
		

A. Brief background and recommendations

		

B. Chart: Problematic terms to reconsider

2. The immigration system
		

A. Chart: Problematic terms to reconsider

		B. Background
3. Suggestions for interviewing a person with a conviction
who is facing detention/deportation
4. When ICE sensationalizes cases
5. Avoiding oversimplification
		

A. Chart: Problematic concepts to reconsider

6. Sources
7. Photographics, mugshots and B-roll

III. Who We Are: About the Comm/Unity Network

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BACKGROUND
MULTIPLE LAYERS OF INJUSTICE

People facing deportation, including those in detention, come from a variety of
backgrounds and experiences. This includes people fleeing dangerous conditions, green
card holders, visa holders, and long-term undocumented residents of the U.S. Among
them are community members who have had contact with the U.S.’ flawed criminal legal
system, including arrests by local police and/ or convictions. A growing body of research
has demonstrated the criminal legal system suffers from severe obstacles to equal justice
which have led to tremendous racial disparities, with particular harm to Black people.
But in direct contradiction to criminal justice reform efforts, Immigration and Customs
Enforcement (ICE) funnels people who have already been deemed eligible for release
from prisons or jails into its sprawling system of immigration detention and deportation.
An increasing number of lawmakers and experts have questioned this extra layer of
punishment, which comes after a person has completed their time in the criminal legal
system, as unethical and unnecessary. ICE targets green card holders and those without
current status alike.

BEYOND THE LABELS

Journalists have documented that ICE routinely uses inflammatory language to
dehumanize immigrants, including people with past records.
People with past records include survivors of violence and people who have fled war and
genocide. They include people who have been subjected to racial profiling and people
who have changed their lives after past mistakes. They include people who were stripped
of their green cards under laws members of Congress have denounced as discriminatory,
as well as people who currently lack immigration status due to the federal government’s
inability to create a workable immigration process. They have family or loved ones hurt by
their absence who eagerly await and often advocate for their release.

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KEY INFORMATION
AND RECOMMENDATIONS
In recent years, health professionals and experts have called for “people-centered”
language when describing individuals in the criminal justice context. Additionally, over the
last decade, many newsrooms have changed their style guides to avoid terms that are
pejorative toward immigrants. The following recommendations address the intersection of
these two issues.

THE CRIMINAL LEGAL SYSTEM
BRIEF BACKGROUND AND RECOMMENDATIONS
•
•

•
•

As numerous scholars have documented, the roots of systemic racism in policing
extend back to the era of slavery.
The U.S. currently incarcerates more people than any other nation on earth: 2.3 million
people as of March 2020. According to The Sentencing Project:
• “African American adults are 5.9 times as likely to be incarcerated than whites
and [Latinxs] are 3.1 times as likely.”
• “The United States in effect operates two distinct criminal justice systems: one for
wealthy people and another for poor people and people of color.”
70% of all U.S. adults have committed an offense that could lead to incarceration,
according to Politifact, showing the vast reach of criminalization in the United States.
A nationwide poll published in 2017 found most crime survivors “prefer investments
in rehabilitation and treatment over increased incarceration and the deportation
of immigrants.” Innovative scholars have long argued that mass incarceration is
unnecessary.

PROBLEMATIC TERMS TO RECONSIDER
PROBLEMATIC TERM

CONCERNS

ALTERNATIVES

“Criminal;”
“convicted criminal”

Even former prosecutors have noted
that “criminal” is a vague term that
covers a vast array of conduct.

Person, person with a
conviction

“Felon;” “convict;”
“ex-con;” “offender”

As health experts have noted, this
carries a significant amount of stigma.
These terms may paint an overly
simplistic picture to readers.

Person with a felony
conviction

A discussion of additional terms, based on the perspective of incarcerated people
themselves, is available in this article from the Marshall Project.

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THE IMMIGRATION SYSTEM

Creating sharp dichotomies between those deemed “criminal” as opposed to those
deemed “non-criminal” obscures systematic racial disparities, the complexity of the law at
play in both the immigration and criminal legal systems, and individuals’ life circumstances.

A 2016 report by the Black Alliance for Just Immigration found “while Black immigrants make
up only 7.2% of the noncitizen population in the
U.S., they make up 20.3% of immigrants facing
“...while Black immigrants make up
deportation … on criminal grounds.” Additionally,
only 7.2% of the noncitizen population
Black immigrants are 6 times more likely to be
in the U.S., they make up 20.3% of
locked in solitary confinement while in detention.
immigrants facing deportation... on
This reality has all too often been ignored in the
criminal grounds...”
discourse around immigration and criminalization,
leading to the erasure of Black immigrants.

PROBLEMATIC TERMS TO RECONSIDER
PROBLEMATIC TERM

CONCERNS

ALTERNATIVES

“Illegal immigrant”

This term ignores the complexities
of immigration status and has been
widely rejected by news organizations
over the last several years.

Undocumented immigrant,
Immigrant without current
status

“Aggravated felon”

“Aggravated felony” is a
complicated “term of art” introduced
by harsh immigration laws. The
term has little connection with its
colloquial meaning and includes a
vast range of conduct.

Formerly incarcerated
immigrant, Person with a
criminal record, or
•
Person convicted/
charged with a
crime considered an
‘aggravated felony’
under immigration law

“Deported felon”

“Felon” is a charged term that
focuses on one narrow aspect of a
person’s identity and tells readers
nothing about the circumstances of
the individual’s life. It is worth noting
that anti-immigrant organizations
have for several decades sought
to use this term to build a narrative
which criminalizes immigrants.

Deported person,
Person who was deported
after completing a sentence

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PROBLEMATIC TERM

CONCERNS

ALTERNATIVES

“Felon committing illegal
entry or reentry”

The 1929 law creates a vicious cycle
where people are separated from
their families, deported, and when
they seek to return home, they are
convicted of misdemeanors and
felonies. Systematically labeling
immigrants as “criminals” and
“felons,” through language and law,
has been a tactic used by white
supremacists going back to the one
who originally sponsored this law
nearly a century ago.

Person seeking to return to
the U.S.

“Criminal alien”

“Alien” is an offensive term; and
together, these two words risk
sensationalizing the issue.

Formerly incarcerated
immigrant, Person with a
criminal record

BACKGROUND: THE LEGAL ARCHITECTURE OF CRIMINALIZATION
•

•

Harsh laws passed in 1996 vastly expanded the grounds for deportation, while curtailing
due process and barring judges from considering the individual circumstances of a
person’s life in many cases. These laws, which tied the immigration system to the criminal
legal system, also automatically strip many green card holders of immigration status.
Due to these laws, ICE targets people for deportation after they have completed
their sentence or been deemed eligible for release, sometimes decades later. Even
conservative republicans came to regret some of the laws’ impacts.
“Unauthorized entry” and “reentry” to the United States were made crimes (under
criminal law) due to legislation sponsored by “unrepentent” white supremacist Senator
Coleman Blease in 1929, as the Washington Post reported last year.

FURTHER BACKGROUND
•
•

•

•

U.S. law generally considers most issues related to immigration detention and deportation to
be matters under “civil” or administrative law. This has several little-understood implications.
In civil proceedings, unlike criminal proceedings, legal representation is not guaranteed.
People must find or pay for their own attorneys. Legal experts note there is no other
area of U.S. law where detained people must advocate for their liberty against trained
government lawyers without guaranteed legal representation.
Yet under immigration law, the Department of Homeland Security (DHS) can nonetheless
deprive immigrants of liberty during deportation proceedings, and even deport many
people without a hearing.
The “civil” nature of immigration detention also means that ICE has significant authority to
quickly free people from detention. Unfortunately, ICE rarely exercises its discretion in this
manner, particularly for people with prior interactions with the criminal legal system.
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THE IMMIGRATION SYSTEM
•
•

•

Portray people in their full humanity. Describe their aspirations and hopes, interests, family and
community life, the challenges they’ve faced in life and how they have changed over the years.
If the person is being interviewed for a short comment or reaction, but they are not the focus of
the story, consider whether it is necessary to ask about, and/or mention, their criminal record. Is it
a relevant detail in the context of the overall story, or does it distract from the piece?
If you mention the conviction, it is important to dedicate sufficient space in the story possibly a paragraph - to give appropriate context to the person’s life circumstances.
Consider these factors:
• How long ago did the conviction occur?
• What were the circumstances in the person’s life at the time? Were they experiencing
violence or trauma? How has the person’s life since changed?
• How would the person’s continued detention or deportation affect their family and
loved ones, including U.S. citizens?
• The support the person may have from the broader community.
• What resources did the person have - or lack - to contest the criminal charges they
faced prior to being turned over to ICE? What was the quality of legal representation
they received, and how might this have affected what they pleaded to or were
convicted of? How would someone with greater economic resources have fared?

WHEN ICE SENSATIONALIZES CASES

Scholars have noted that one of Immigration and Customs Enforcement’s key tactics is to
publicize sensational information regarding crimes allegedly committed by immigrants. Such
an attempt to single out one aspect of people’s identity as the cause of their actions, and thus
scapegoat and demonize immigrants as a whole, has drawn profound concern from historians
and civil rights leaders.
It bears noting that ICE has a significant record of misrepresenting the truth. An agency
spokesperson resigned in 2018 saying he was asked to “flat-out lie.” Internal ICE emails published
by The Intercept in 2017 illustrate the agency’s concerted attempts to exaggerate the severity
of cases. The acting Chief of Staff for ICE’s Enforcement and Removal Operations told agents:

“Please put together a white paper covering the three
most egregious cases,” adding: “If a location has only one
egregious case — then include an extra egregious case from
another city.”
ICE appears to have taken a similar approach during the COVID-19 pandemic, publicizing the
charges and convictions of medically vulnerable individuals, despite the fact they had been
ordered released from detention by court order.

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Key questions to consider in response to ICE press statements
• Is the information accurate? (At times, new information emerges about a case months or
years after the fact.)
• Is ICE attempting to paint all immigrants with a broad brush, and/or attempting to paint
immigration status as the cause of someone’s actions? What other voices can provide an
alternate perspective?
• Even in highly charged and politicized cases, how can the principles of due process, and
the right to a fair trial, be respected?
• Family members of people who pass away in ICE detention may be experiencing intense
trauma and psychological distress. It is important to consider how coverage that focuses on
an individual’s contact with the criminal legal system could further traumatize grieving family
members.
• It is also important to bear in mind that the family members and loved ones of detained
people who contract COVID-19 will be experiencing psychological distress

AVOIDING OVERSIMPLIFICATION

There is a stark ethical question one should ask when seeking to distinguish between
data points about detained individuals’ past interaction with U.S. legal systems: should a
person’s safety behind bars rely on whether they have been labeled “criminal”?
Over the course of the last year, ICE and Border Patrol detained hundreds of thousands of
people in total. While individuals held in these systems are generally detained under civil
immigration laws, most are held in the same
jails and prisons that also incarcerate people
“... making these (‘non-criminal’ vs
serving criminal sentences, or have been used
‘criminal’) distinctions detracts from the
for that purpose in the past. Because of
overly punitive, unjust, and inhumane
this, many people, including journalists, feel
conditions all people caught up in both
compelled to distinguish between immigrants
legal systems are facing.”
in civil custody and people serving time in
criminal custody, and to distinguish between
people labeled “non-criminal” vs “criminal” in immigration custody.
However, making these distinctions detracts from the overly punitive, unjust, and inhumane
conditions all people caught up in both legal systems are facing. And it obscures the
complexities of the criminal legal system, where colloquial connotations do not always align
with technical definitions.

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CURRENT CONCEPT
“Most detained
immigrants are
non-criminals and thus
should be released”

CONCERNS
Individuals in detention who do
have contact with the criminal legal
system - a system with profound racial
disparities - have already completed
their sentence or been deemed eligible
for release. How long is it reasonable to
apply the “criminal” label?
In light of the threat posed by the
pandemic, should a person’s safety
behind bars rely on whether they have
received the “criminal” label?

“Violent offenders”

This simple term masks the complexity
of criminal law; with many crimes
which may sound ‘violent’ lacking any
element of harm and vice-versa.
It is also important to consider how
much time has passed since the person
received or completed the sentence.

Sweeping references to
“rapists, murderers, and
sex offenders”

This language has been used to fuel
stereotypes and demonize immigrants
and people of color.

ALTERNATIVES
Coverage could focus on
the medical vulnerability
of individuals; the authority
ICE has to quickly release
individuals; family and
community connections.
[Note: At the same time,
advocates are supporting
calls to release all people
from jails and prisons.
Incarcerated people’s lives
are equally at risk regardless
what agency’s custody they
are in.]
Consider whether it is
necessary and relevant to
mention the conviction.
If you determine it is
necessary to cover a person’s
record, the following may
help convey a fuller picture
of the person’s life:
• Include not only the
conviction, but the life
circumstances surrounding
it and the time.
• Allow space to describe
how the individual’s life
may have since changed.
Specific descriptions of facts
and circumstances.

PERSPECTIVES ON SAFETY AND VIOLENCE PREVENTION:
•

ICE frequently makes claims related to public safety. Yet other crucial sources and
perspectives related to public safety are all too often left out of the conversation.
• Violence survivors and violence prevention leaders have increasingly found that
alternative solutions which do not involve incarceration are the most effective options
for building community safety.
• This is a perspective shared by formerly imprisoned people who have rebuilt their lives.

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SOURCES

Members of the media should be aware that certain sources which seek to portray themselves
as neutral or more researched-based advocates actually have well-documented ties to nativist,
white nationalist organizations. The Southern Poverty Law Center has designated two oft-quoted
organizations as hate groups.
• Center for Immigration Studies (CIS) “... has a decades-long history of circulating racist
writers, while also associating with white nationalists.”
• Federation for American Immigration Reform (FAIR)’s “leaders have ties to white supremacist
groups and eugenicists and have made many racist statements.”1

We encourage reporters to elevate the voices of Black immigrants and formerly detained
immigrants. The following is an initial, partial and developing list of sources who have
offered availability to provide comment and context to reporters on the issues discussed in
this guide. We will continue to update this list.

CONTACT

ORGANIZATION

CONTACT INFO

(no for public distribution)

ISSUE AREAS

Abraham Paulos,
Deputy Director
of Policy and
Communications

Black Alliance for Just
Immigration

abraham@baji.org

African American and Black
immigrant communities; AntiBlackness, intersection of
incarceration and deportation;
Racism in U.S. laws/culture,
migration, globalization

Jacinta González,
Senior Campaign
Organizer

Mijente

jacinta@mijente.net

Intersection of policing and
immigration systems, Latinos
and: Defund the Police,
policing, criminal justice, BLM,
COVID impacts; surveillance

Anoop Prasad,
Staff Attorney

Asian Law Caucus

anoopp@
advancingjustice-alc.org

People w/ convictions in state
prison, including SouthEast Asian
Refugees; Pardons; interviews
with currently, formerly
incarcerated people

Phal Sok,
Crimmigration
and Technologies
Coordinator

Youth Justice Coalition

phal@youthjusticela.org

Immigration, Crimmigration
(crime-based deportation),
criminal justice, youth justice

1
Additionally, with the growth in ‘disinformation’ efforts, we recommend journalists follow practices such as those outlined at
https://firstdraftnews.org/long-form-article/first-drafts-essential-guide-to/

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CONTACT

ORGANIZATION

CONTACT INFO

(no for public distribution)

Lisa Knox,
Legal Director

California Collaborative
for Immmigrant Justice

lisa@ccijustice.org

Charles Joseph
(Bula)

Interfaith Movement for
Human Integrity

cjoseph@
im4humanintegrity.org

ISSUE AREAS
Efforts to free immigrants
from ICE detention through
representation, advocacy,
litigation; challenging medical
neglect in detention and access
to vaccination; intersection of
immigration and racial justice

PHOTOGRAPHS, MUGSHOTS AND B-ROLL

The use of photographs and background images can have a significant influence on how
the public perceives issues writ large as well as individual community members’ stories.
A consensus among experts and scholars has emerged that mugshots perpetuate racial
stereotypes, demean incarcerated people, and also may impede the reintegration of
formerly incarcerated people into society. Thus, a growing number of newsrooms are
rethinking their use of mugshots, with the Houston Chronicle banning them altogether. The
Trump administration’s highly politicized use of mugshots on billboards in Fall 2020, criticized as
exploitative by leading civil rights groups, casts further doubt on this practice.
In an interview with the Marshall Project, Johnny Perez, a formerly incarcerated New Yorker who
is currently director of U.S. prison programs for the National Religious Campaign Against Torture,
said regarding mugshots: “It reaffirms existing biases and creates biases where none exist.”
Perez and other advocates have also noted that publishing mugshots may make it harder for
formerly incarcerated people to get jobs.

RECOMMENDATIONS
• Outlets should avoid the use of mugshots and work with community members to find
pictures that represent the full context of individuals’ lives
• Editors and journalists should clearly explain the outlet’s process for photo licensing to
community members

B-ROLL

Similarly, stock images of faceless immigrants in jumpsuits and chains do not accurately
portray the humanity and range of lived experiences among immigrants in ICE detention.
Much B-roll in circulation is provided by government agencies such as https://www.
dvidshub.net/. By relying excessively on b-roll from government agencies such as ICE and
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ABOUT THE
“COMM/UNITY” NETWORK
Comm/Unity is a network of national communicators who are working to challenge the
criminalization of immigrants and ensure fair and accurate coverage. The network
includes the following organizations, many of which are available to speak to reporters:
Detention Watch Network, Freedom to Thrive, Grassroots Leadership, Immigrant
Defense Project, Immigrant Justice Network, Immigrant Legal Resource Center,
Just Futures Law, Latino Justice, National Immigrant Justice Center, National
Immigration Law Center, National Day Laborer Organizing Network, National Immigration
Project of the National Lawyers Guild, Southeast Asia Resource Action Center, United We
Dream. The network is anchored by Immigrant Defense Project.
For more information or if you have any questions, please contact Jon Rodney,
jon@immdefense.org.

13

76

14. Petition Tutorials And Example
Petition tutorials
●
●
●
●
●
●

How to Start an Online Petition (from California Coalition for Women
Prisoners Guide) – see below
How to create a petition on change.org (change.org webpage)
How to create a petition on change.org (YouTube tutorial)
How to create a petition on change.org (YouTube tutorial)
How to create a petition on Action Network (Action Network webpage)
Creating petitions (Action Network webpage)

How to Start an Online Petition (California Coalition for Women Prisoners Guide)
What is an online petition?
A petition is a way to build and show public support for a person or an issue. Anyone can share
an online petition on the internet, so anyone with internet access can search for and read online
petitions. Online petition sites allow readers to sign petitions and to post comments about why
they support petitions. Typically, petition sites only allow supporters who sign the petition to post
comments, so public comments on petitions themselves tend to display only positive support.
Decide if you want to post an online public petition
If you want to build public support for yourself or someone else, consider any increased public
attention risks. Asking for public support will bring more attention to an issue. So carefully
consider the risks of increasing public awareness to yourself, your loved one, or someone with
whom you work. For example, we encourage you to evaluate potential concerns about any
victims who may be upset by public efforts to support you or your loved one. Consider any
harms that could be caused to yourself and others and carefully weigh this in making your
decision.
We also encourage caution about sharing detailed information about your case, or another
person’s case, if there’s an active appeal or potential opportunity for resentencing. In some
cases, people choose to keep the petition focused on an applicant’s personal development and
community service in prison, steering clear of conviction info or mitigating factors.
Choose who will be named as the petition host
Anyone can host an online petition – including an individual, group, or organization. The petition
host will show up on the petition as the person or group asking for support. It could be the
incarcerated/detained person, parent, sibling, friend, church, or community organization.
Choose what makes the most sense for you while considering what might most likely increase
your chances of building public support.

77

Choose a title for your petition
Choose a short and action-oriented title. Supporters should be able to determine the subject of
the petition quickly, as well as why it’s important.
Sample: “Please Grant Clemency for My Mother, [Name]!”
Choose the decision-maker(s) for your petition
For commutations or pardons, California Governor Gavin Newsom is the decision-maker. While
it is unnecessary, you can choose additional decision-makers if you plan to advocate to others
who may influence your main decision-maker.
Draft a short pitch for your petition
Your petition “pitch” is where you explain what you’re asking for and make a pitch to supporters
about why you need their help. It should be written from the perspective of the petition host. So,
if you’re a parent of an incarcerated person, write your narrative from your position as a parent.
If you’re incarcerated, write the narrative from your perspective – why are you asking for
support, and why do you believe supporters should take action on your behalf?
Sample:
In 1996, my son, [name], was sentenced to Life Without Possibility of Parole for self-defense…
Draft a direct message to your decision-maker
This direct message should explain why you want your decision-maker to take action. This
message will be sent directly to your decision-maker with automated petition updates via email.
It will be what your decision-makers see on the first page of your printable petition.
Sample:
Dear Governor Newsom,
We urge you to commute the sentence of [Name]… because…
Choose a photo to use for your petition
Petitions get much more circulation when there is a photo included. Select an image that the
incarcerated person wants to share publicly and scan it or take a picture so that you can upload
it to the petition site. (Please choose a legal image from visiting or from a photo sale, or use a
picture from before incarceration.)
Choose a petition platform
Different companies have websites where the public can host online petitions (i.e., change.org
or Action Network). These are called petition platforms, and they offer petitioners different
features. There are several free petition platforms. Some allow petitioners to download the
contact information for supporters who sign their petition (i.e. Action Network). Others allow
petitioners to engage with supporters in various ways but do not allow hosts to download
contact information. Some petition sites (i.e. Change.org) promote a selected number of
petitions/issues, which can significantly increase the circulation of petitions and thus the number

78

of potential supporters. Most petition platforms will ask you how many signatures you’d like as
your goal. It’s a generally good strategy to choose a number you think is attainable, rather than
a vast number that you might never be able to make. Some petition sites set their own goals
(i.e. starting at one hundred) which increase as the petition gains support.
Most petition sites allow you to create an account and post petitions for free. Once you choose
your petition platform, create an account and sign in.
Create your petition online
Log into your petition platform and choose the option to create a petition (this will be named
differently on different sites). Follow the prompts for designing your petition. This will include
adding your title, petition pitch, your direct message to your decision-maker, and uploading your
photo on the site. Most sites give you the option of previewing your petition before you “publish”
it. In any case, once you publish your petition, you can always select the “edit” feature to make
changes.
Posting petition updates
Most sites allow hosts to post updates to their petition, which adds update posts to your online
petition and sends an email to all petitions signers so far. Posting updates can increase petition
circulation, which is a great way to reach more potential supporters. Updates can include “thank
you” messages to supporters, requests that supporters continue to share the petition to help
build more support, updates from the incarcerated person you are supporting, updates on the
campaign, etc.
Circulating and publicizing your petition
Once you’ve created and published a petition, it’s time to circulate and publicize it. What social
media platforms will you use? What organizations could help you promote? What individuals do
you want to contact directly with a link to the petition? Consider making a list of individuals and
organizations to contact with your petition.
Petition examples:
Danny Thongsy petition (pardon campaign)
An Thanh Nguyen petition (pardon campaign)
Kelly Savage petition (commutation campaign)
Liyah Birru petition (pardon campaign)
Gabriela Solano petition (commutation campaign)
Saman Pho petition (pardon campaign)
Kanoa "Rae" Harris-Pendang petition (commutation campaign)
Kao Salee petition (pardon campaign)

79

Examples of Petitions:
change.org
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Demand Gov. Newsom to #StoplCEtransfers and
Support Firefighter & Refugee Kao Saelee

Grant Commutation for Incarcerated Survivor
Gabriela Solano!

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characterizedbyvolatility, violence, andemotlona l abuse,

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least65COVID-19posJtivecases.

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which she remains unduly penalized. Even though she took

Gi!Yin Newsom and Cal 1forma's 12[!S2!1.jYSl@m CCOCR) handed
~aformerl~fighterandM1enretugee

Sign the petition: Urge Governor Newsom to
#StoplCEtrilnsfers from CDCR, ilnd for the Governor to tell ICE
torelHse KaoSHIH OOW!

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suffered from the connected experiences of domestic abuse and
During th is COVID-19 pandemfC, California prisons and local jails
arenotonlys,tesofCOVID-19outbreaks,butcontinuetoactas

harshly punit 1vemeasures likethefelonymurderrulewhich
allowedhertobesentencedtollleWithoutParolewithan

the main pipeline fill!ng lmmlgratloo detention centers by turning

addrt ional 25 years to Life , Governor Brown's commutation is a

com munity members like Saelee who are eligible 10 be released

crucial steptogivingGabrielathesecondc hanceshedeserves.

over to Trump·s deportation machine. Gov. Newsom must act

Join us in ask ing Governor Jerry Brown to commute Gabriela's

nowandhaltlCEtransferslromstat eprisonsandjailsasa

sentence from Life Without Pa role plus 25-to- life to a parole-

concrete way to stop the spread of COVID-19, save lives, and

elig1ble sentence.

protect public health.

15. Sample Biographies
Sample biographies of community members with successful campaigns:
●
●
●
●

Danny Thongsy Autobiography (pardon campaign)
An Thanh Nguyen Biography (pardon campaign)
Kao Saelee Biography (pardon campaign)
Ny Nourn Biography (pardon campaign)

Autobiography of Somdeng Danny Thongsee(y)
In the late 70’s my family escaped war in the Communist country of
Laos. I was born in a Thai refugee camp. When I was 2 years old we
resettled here in America; unfortunately, like many Southeast Asian
refugees we lived in an impoverished area of town riddled with
violence and drugs. We also carried with us the trauma of war and
displacement and with lack of resources to help. Just like many kids
growing up in this environment I made poor choices. In addition, I
was often bullied and teased by other kids for not having much and
for looking different. When I was 17 years old, my older brother was
murdered. I did not know how to cope with the grief of losing my
brother nor did I know where to turn for help. This led me to make a
horrible choice which resulted in the death of a man and the injury of
two of his friends.

80

Incarcerated, I sought therapy and found healing, transformation and accountability through
spiritual practice. I explored my trauma through self-help workshops and began to truly
understand the root causes of my behavior. I vowed to never cause the harm I once caused and
made sure that others won’t make the same mistake. I became an advocate in self-help
programs, and took on leadership roles by facilitating groups, bible studies and mentoring other
prisoners one-on-one. I went back to school and graduated with a college degree in Social
Science. I learned the importance of culture, history and identity through the Asian Prisoners
Support Committee San Quentin ROOTS program. I became a member of a Juvenile
Lifer/Youth Offender group called Kid Creating Awareness Together (Kid CAT) at San Quentin
and helped advocated for the passing of California’s SB260 and SB261 Fair Sentencing for
Youth, which afforded many youth whom had been impacted by California criminal justice
system to be given a fair chance of parole.
After two decades of incarceration, the California Board of Parole Hearings and Governor
Brown recognized my rehabilitation and that I am deemed not a threat to public safety granted
my parole. Unfortunately, upon my release from state prison because of my immigration status I
was directly transferred over to DHS/ICE for deportation. I sat in immigration jail for two months
with the fear of being sent to a country I have never been to and being permanently separated
from my family, community, and the only place I know as home, America. Fortunately, because
there was no formal repatriation agreement between the Laotian government and the US I was
released under the order of supervision with a regular check in with ICE.
Since being home in February 2017, I continued my role to give back and bring healing to the
community as an advocate for criminal justice reform and immigrant rights. I became a member
of a community based organization, the Asian Prisoner Support Committee, I sit as an advisory
board member of Prison to Employment Connection, and in 2017 I was awarded as a Yuri
Kochiyama Fellowship at Asian Americans Advancing Justice-Asian Law Caucus. I continued to
shared of my lived experience and spoke on panels, did community outreach, participated in
community gathering, worked with elected officials in immigration and pardon cases, advocated
for the passing of SB54 the CA Values Act, AB1308 for CA Youth Parole Hearings, AB2845
Pardon and Commutation Reform and met with elected officials at the national level to advocate
against deportation. I also helped planned community events and worked with other advocates
to address many core issues surrounding the community.
Currently I am a Campaigner/Coordinator for the Justice Reinvestment Coalition of Alameda
County, a non-profit which is composed of community-based and advocacy organizations
committed to creating a fair and just public safety system based on effective practices that
invest in communities, families, and people. We advocate for equitable and sustainable systems
that provide alternatives to policies that criminalize and impoverished communities and harm
public safety.
Although I was released from immigration detention in 2017, I am constantly living in a state of
fear and uncertainty. In July 2018 the country of Laos, after being pressured with sanctions from

81

the United States, agreed to accept refugees with deportation orders. This means I can be
picked up by ICE agents anytime and deported to the country of Laos. I have never set foot in
Laos, a Southeast Asian country my family was forced to flee before I was born. My only path to
obtain relief from deportation and remain in the U.S. with my family and community is to receive
a pardon from the Governor.

Third-Person Biography Of An Thanh Nguyen
An Thanh Nguyen was born in Vietnam in 1973. Life in
Vietnam was very difficult for An and his family. Because An’s
father worked for the United States during the Vietnam War, in
1975 the Viet Cong put his father in jail for four years. An’s
family was very poor. His parents and their seven children all
lived in one room. When An was about 10 years old, he went
to work in a factory that made coconut candy to help his family
survive. In 1985, An’s mother fled Vietnam by boat with three
of his siblings. An was finally able to escape in 1990 when his
mother sponsored the rest of his family to immigrate to the
United States. They came to the United States craving the
freedom and opportunities they lacked in Vietnam.
After immigrating, An’s family struggled with poverty and adjusting to a new country. An
struggled in school because he couldn’t understand English and was bullied for being an Asian
immigrant. He was young, immature, and made a terrible mistake that resulted in a series of
robberies. An served over twenty years in prison because of mistakes he made as a young man
struggling to adjust to life in this country. Every single day, An regrets the bad decisions he
made and the harm he caused others. When he first arrived in prison, An knew he wanted to
become a better person. He completed many programs that helped him understand the
consequences of his actions. He got his GED, went to college, completed vocational training,
and took self-help classes. An is a changed man and wants more than anything to spend the
rest of his life giving back to society.
In October 2019, An was transferred from prison to ICE detention. On November 20, 2019, an
immigration judge ordered him removed and ICE released him a few days later. After his
release, An tried his best to start his life again. He drove his mother to her medical
appointments almost every day, found work in a shoe factory, followed all his parole
requirements, and attended self-help classes to continue bettering himself.
On March 6, 2020, An was detained by ICE and lost everything he had been working so hard to
build. Because his asthma makes him medically vulnerable to COVID-19, An feared for his life
in detention. He filed a habeas petition to ask the courts for his release. An was relieved when a

82

judge ordered his temporary release on April 3. As part of the conditions of An’s release, he was
ordered to shelter in place in his sister’s house in Rosmead.
Since his release in March, An has been trying to rebuild his life again. Shortly after the court
amended his shelter-in-place to allow for employment-related travel, An worked hard to find
employment to support his family and community members. In December 2020, he found
full-time employment working for Williams Sonoma in a shipping warehouse in the City of
Industry.
An lives every day in fear that ICE might try to re-detain and deport him. Vietnam has issued a
travel document for him, so he fears that ICE will deport him at the soonest time possible. The
Vietnamese government took everything away from An and his family. His mother, siblings, and
son all live in the United States. An’s only path for relief from deportation and to stay united with
his family is a pardon from the Governor.

Kao Saelee Biography
Mr. Saelee, a formerly-incarcerated firefighter, seeks a pardon
from Governor Newsom because it is the only way for him to
be safe from deportation to Laos and be reunited with his
family in Fresno, California. Mr. Saelee and his family are
Mien refugees from Laos who bravely aided the U.S. military
during the Vietnam War. At the age of 5, Mr. Saelee entered
the U.S. as a child of war who had witnessed unspeakable
violence, famine, and devastation. Mr. Saelee, his parents,
grandparents, and three younger siblings settled in northern
California. In America, Mr. Saelee’s parents, who worked as
farmers in Laos, struggled to make ends meet. His father
worked odd jobs to support his family, and even commuted
from the Central Valley to San Jose to work as a welder.
During their free time, Mr. Saelee’s parents took their children
fishing, camping, and on trips to visit relatives in the Bay Area.
While Mr. Saelee was loved by his family, he felt completely lost at school. Because Mr. Saelee
did not speak English, was Mien, and poor, he did not fit in at school. Mr. Saelee and his parents
did not have culturally-competent resources to assist Mr. Saelee as he navigated an entirely
new country and education system.
When other children bullied Mr. Saelee, no one came to his rescue. Mr. Saelee also took on the
responsibility of protecting his younger siblings from violence in their neighborhood;
consequently, his younger siblings viewed him as their protector and mentor. Whenever anyone

83

picked on his younger siblings, Mr. Saelee would tell them to leave them alone. When Mr.
Saelee started high school, he was jumped and beaten up in front of his parents at the grocery
store. Both Mr. Saelee and his parents were powerless to do anything about it. After this
incident, Mr. Saelee felt constantly fearful, vulnerable, and unsafe. He began to look for
protection from other kids in the neighborhood. When he started getting into trouble, Mr.
Saelee’s father kicked him out of the house to try to teach him a lesson. At times, Mr. Saelee
would sleep in the courtyard of his family’s apartment complex. With nowhere else to go, Mr.
Saelee turned to his friends for a sense of belonging and security.
While he was an unhoused teenager at the age of 18, Mr. Saelee was convicted of robbery and
attempted murder, and was sentenced to 25 years in prison. In prison, Mr. Saelee decided to
turn his life around. He was selected to participate in and graduated from Pawsitive Change
Program-- a rehabilitative program that fosters compassion, combats recidivism, and prepares
incarcerated individuals for productive lives by learning to care for and train dogs. After a
vigorous vetting process, based on good behavior and physical tests, Mr. Saelee was also
selected for placement at fire camp where he worked extremely long and exhausting hours as a
firefighter battling California wildfires on the front lines, cutting brush and creating firelines in
2018 and 2019. The wildfires he battled are much like the wildfires currently devastating the
West Coast. This summer, he completed his 25 year sentence, and his youngest sister drove to
Pleasant Valley State Prison to pick him up. However, instead of being released, he was
transferred to the Fresno ICE Field Office where he was held overnight in a holding cell. The
next day, he was transported to Texas, and then to Louisiana where he was booked at Pine
Prairie ICE Detention Center in rural Louisiana, where there are over 60 reported cases of
COVID-19. Mr. Saelee remains in ICE detention 2,000 miles away from his family in Fresno.
Mr. Saelee’s incarceration has had devastating impacts on his family, and they are eager to
welcome him home and make up for lost time. Mr. Saelee seeks a pardon from Governor
Newsom so that he can remain in the United States with his family and continue to use his
many skills for the betterment of his community. For more info: “He Fought Wildfires While
Imprisoned. California Reported Him To Ice For Deportation” by Sam Levin for The Guardian.

Ny Nourn Biography
Ny Nourn was born in a refugee camp in Thailand after her mother fled genocide under the
Khmer Rouge in Cambodia. At the age of 5, Ny came to the United States with her mother as a
refugee and resettled in San Diego.
Ny’s mother married her stepfather after their first few years in San Diego. Her stepfather
became a source of instability and domestic violence within her household. Consequently, as a
teenager, Ny began escaping into Internet chatrooms. At 17 years old, Ny met a man online
who was twice her age and became trapped in an abusive relationship with him. Weeks after Ny

84

turned 18, her abusive boyfriend killed Ny’s boss at her
after-school job in a fit of jealousy. The murder went unsolved
for three years until Ny escaped the relationship and went to
the police. The police arrested Ny and charged her with aiding
and abetting the murder. A judge sentenced her to life without
the possibility of parole.
Like Ny, upwards of 90% of incarcerated women experience
domestic violence or sexual assault before their incarceration.
While in prison, Ny became an advocate for incarcerated
survivors, completed training to become a certified alcohol
and substance abuse counselor, and organized with Survived
and Punished. In May 2017, Governor Brown granted Ny parole but, she was arrested by ICE
on her release date to be deported to Cambodia. About 10% of the state prison population have
ICE holds, and are immediately transferred to ICE upon release. But after many months of
advocacy from community groups across California, Ny walked out of ICE detention in
November 2017 after 16 years of incarceration.
Currently, Ny still lives in a limbo state without any clear form of immigration status and does not
know when she will be deported. Despite the uncertainty, Ny set out to give back to her
community. In 2018, she was named the Yuri Kochiyama Fellow at the Advancing Justice Asian Law Caucus (ALC) working in criminal justice and domestic violence advocacy issues. As
a Yuri Kochiyama Fellow, Ny led efforts to pass AB 2845, the Pardon and Commutations
Reform Act. In 2019, ALC promoted Ny to the Community Advocate position in the Immigrant
Rights Program. Ny continues to work with currently and formerly incarcerated community
members, domestic violence survivors, advocates for pro-immigrant legislation and policies, and
works with coalitions towards reform of the criminal justice system.
Ny also volunteers with numerous organizations including the California Coalition for Women
Prisoners, Survived and Punished, and the Asian Prisoner Support Committee. Since her
release, Ny has been honored by the Asian Women’s Shelter and the Devata Giving Circle for
her activism and community service. Outside of her full-time job, Ny is a student at San
Francisco State University and is working towards a Sociology degree.
A pardon is Ny’s sole avenue to prevent deportation and restore her immigration status.

85

16. Sample Graphics
Examples:
●

Danny Thongsy pardon campaign: graphic 1, graphic 2

RDON

DENG

NNY

●

Arlene Dugmore commutation campaign: graphics

:/tl~rce.\l\Sun'ivors

!li!Jy1rrcc1\IISur\'in1rs

●

# C lc111cnc)·N t)\\ '

An Thanh Nguyen pardon campaign: graphic 1, graphic 2

-~2:f.ifi•J~l;~~~~C!#KeepAnHome
I'

Gov. NEWSOM:
PARDON VIETNAMESE
REFUGEE AN NGUYEN

Join our virtual press conference to learn about An's story and
ca ll on Gov~_rnor Newsom to stop thecleportation of Vietnamese
~
refugee An Nguyen by granting him a pardon.
,,,,.
Let's , KeeP,AnHome

TUESDAY 10-20-2020 at 10AM PST

(s0Jl,[L

~@~g

(916) 445-2841
CA GOVERNOR GAVIN NEWSOM

No mo... def,ortotions!
Sornplt, call script:

"My name is _and I represent _/orgorcirywhere you livet

rm ca lling to urge Governor Newsom to pardon An Thanh
Nguyen. Anservedover20yearsinpriso n for mi sta~es he

mad e as a you th . Whi le there, he wo r~ed hard to tra nsform
himself . Assoonashewas released fromprison,i nstead of
bei ng homewithfamily,An wastra nsferred 1olCEdet ention
After! ina llybe ingrelease di nNovember andre- released in
April fromlCE det ention, Anhasprovidedsuppontohis
family,toundwork,andstayedcomm inedtohis
re tiabi litation.Anshouldnotbepunisheda9ainbybein9
depor!edandhesh ouldno tbesepa ratedfromhisfamily. l
urge GovernorNewsom tokeepfamilies t oqether, s! op
ano!he< inhumaned eportation,andPardonAn

RSVP: bit.ly/keepanhomepc

●

Wendy Fong commutation campaign: graphics

86

\ ·isil I his loo\h.it lo
submil llUblic comment
lo hrfo~1 \\ ·endy home!

hi.Ll.y 'Free, \IISur\'inxs

~ ·t
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●

Blue Sky commutation campaign: graphics

●

Kanoa “Rae” Harris-Pendang commutation campaign: graphics

\ 'isil this l oolkil lo submit
public comment to hrin9
Kunou h o m e:

hlt..ly /Free i\HSurvjvors

~
# FrecAIISurvivors
# Clc m c n cyNo w

●

Gabby Solano pardon campaign: graphic 1, other graphics

PROTECT IMMIGRANT
SUR\ll\lORS!

•
bit.ly/ FreeGabbyToolkit

~

"

#FREEGABBY
OPICETRANSFERS

87

17. Sample Digital Media Toolkits
Examples:
#KeepAnHome Digital Toolkit (pardon campaign) - See following page
#FreeBlueSky Digital Toolkit (medical reprieve campaign) – See following pages
#ClemencyNow Action Toolkit (commutation campaigns)
#Stand4Danny Social Media Toolkit (pardon campaign)
#FreeGabby Digital Toolkit (pardon campaign)

88

SHARE THE TOOLKIT & #KEEPANHOME: bit.ly/keepanhometoolkit
Join VietRISE, An, An's family, and community advocates to prevent An's deportation to Viet
Nam. An is a caretaker for his family, sisters, niece, and elderly mother, and would have no
family or support system at all in Viet Nam if ICE deports him.
We are calling on Governor Newsom to stop ICE from deporting An by granting An a pardon, so
he can remain with his family, community, and loved ones. Join us in helping #KeepAnHome!

- --------

What can you do?
1.
2.
3.
4.
5.

URGENT: Send a Support Letter for An to Governor Newsom
Call Governor Newsom
Sign and Share the Petition
Tweet at Governor Newsom and ask him to grant An a pardon now!
Read An Nguyen’s bio and share graphics

If your organization can write a support letter addressed to Governor Newsom to pardon An,
please email Allison Vo at allison@vietrise.org.

#KeepAnHome #PardonAn #StopICETransfers #BảoVệNgườiTịNạn
Target: Governor Gavin Newsom

📝 URGENT: Send a Support Letter for An to Governor Newsom through the Portal
1.
2.
3.
4.

Go to the Office of Governor Newsom website: https://govapps.gov.ca.gov/gov40mail/
Purpose of Communication: “Have Comment”
Subject: “Clemency - Pardons”
Position: “Pro”

Use the sample template letter at the petition: bit.ly/keepanhome. Make sure to add a personal
touch to prevent the portal from filtering out duplicate messages.

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☎️ Call Script to Gov. Gavin Newsom: Call: 916-445-2841
"My name is ___ and I represent ___ (org or city where you live). I’m calling to urge Governor
Newsom to pardon An Thanh Nguyen. An served over 20 years in prison for mistakes he made
as a youth. While there, he worked hard to transform himself. As soon as he was released from
prison, instead of being home with family, An was transferred to ICE detention.
After finally being released in November and re-released in April from ICE detention, An has
provided support to his family, found work, and stayed committed to his rehabilitation. An
should not be punished again by being deported and he should not be separated from his family.
I urge Governor Newsom to keep families together, stop another inhumane deportation, and
Pardon An."

✍️ Sign and Share the Community Petition + Submit Support Letter to Keep An Home
Help us share An’s story and urge Governor Newsom to prevent An’s deportation by granting him
a pardon. Sign and share the petition here: bit.ly/keepanhome

Sample Tweets to Governor Newsom @GavinNewsom

1. An Nguyen immigrated as a child refugee from Vietnam to the US, where he faced poverty,
bullying, and an education system that failed him, leading to a crime he served over 20 yrs
for. He now faces deportation to the country his family fled. @GavinNewsom protect
refugees and #PardonAn
2. After serving over 20 years in prison, An Nguyen, a Vietnamese refugee, has worked to build
a good life for himself and his family. Now, ICE threatens to take that all away from them
again by deporting An. @GovNewsom #PardonAn and keep families together!
3. .@GavinNewsom, after being released from prison & ICE, An Nguyen has focused on taking
care of his elderly mother, finding a stable job, & following all his parole requirements. An
should remain here with his family. We urge you to #PardonAn & prevent his deportation!
4. An Nguyen, a formerly incarcerated Vietnamese refugee, lives every day in fear of ICE
detention and deportation. As someone with asthma, detention in ICE facilities, evidenced to
be COVID “tinderboxes,” puts An’s health in danger. @GavinNewsom #PardonAn and stop his
deportation now!

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5. .@GavinNewsom, An Nguyen’s story is like many criminalized immigrants and refugees who
flee homes torn apart by war and imperialism only to come to the US to be marginalized and
funneled into an unjust prison system. Deportation is only continuing the violence.
#PardonAn
6. An Nguyen was transferred to ICE after serving over 20 yrs in prison. Shortly after, ICE
released An on supervision & he was able to rebuild his life, working & supporting his family.
ICE then re-detained An then released him. This is a cycle of cruelty! @GavinNewsom
#PardonAn.
7. Criminalized refugees and immigrants like An Nguyen face the double-jeopardy of
incarceration and deportation, often for crimes of survival that are caused by the traumas of
poverty, war, racism, and displacement. @GavinNewsom act against the deportation
machine and #PardonAn
8. .@GavinNewsom An Nguyen is a formerly incarcerated Vietnamese refugee who experienced
his family’s home country torn apart by war. The US prison system and deportation machine
only continue to fragment families and marginalized communities. #PardonAn and keep
families together!
9. When ICE re-detained An at the Adelanto detention facility, ICE put An’s very life in danger.
Due to An’s severe asthma, he is medically vulnerable to serious illness or death if he
contracts COVID-19 and in Adelanto he was placed in highly unsafe conditions--conditions
that ultimately resulted in the facility’s current COVID outbreak. @GavinNewsom act against
the deportation machine and #PardonAn.
10. Like many other Southeast Asian refugees with criminal convictions, An Nguyen was
originally transferred from the California prison system to ICE upon the completion of his
prison sentence. By transferring immigrants like An to ICE, the California prison system
continues to flout public health guidelines and endanger the lives of vulnerable immigrants
during this unprecedented health crisis. @GavinNewsom act against the deportation
machine and #PardonAn

An Nguyen’s Biography
#KEEPANHOME BACKGROUND:
An Nguyen is a Vietnamese refugee who came to the United States as a child in 1990 to be reunited
with his family, who migrated to the U.S. five years before him. As a youth, An's family struggled with
poverty and adjusting to life in a new country. Facing poverty, racism and bullying as a youth, he
ultimately made a mistake that resulted in a series of robberies. An served over 20 years in prison for

91

the robberies, and while there he chose to turn his life around. He participated in multiple self-help
programs to better understand and take responsibility for the consequences of his actions, worked
multiple jobs and enrolled in job skills training, and cared for his family emotionally by calling and
writing to them.
In October 2019, An completed his prison sentence. However, instead of being released to his family,
An was transferred to ICE custody for deportation proceedings as soon as he was released. A month
later, an immigration judge ordered An to be deported despite completing his prison sentence.
Because ICE was unable to effectuate his deportation at this time, An was released shortly after.
In March 2020, An's life was thrown into chaos once again when ICE detained him in the Adelanto
Detention Facility. He, his family, and attorneys were able to fight for his release from detention
through a habeas petition and because An's health conditions made him medically vulnerable to
severe illness or death from COVID-19. Since his release, An, his community, and family have fought
hard for him to be able to stay home. He served his prison sentence and worked on his rehabilitation
only to be transferred immediately to ICE, re-detained, and then released again. Despite this fight,
today, An could be subject to deportation to Viet Nam at any time.
An has a community and large family of twenty-nine members--including his siblings, son, nieces
and nephews, and elderly mother he cares for who--need him here at home. That is why we are
fighting to #KeepAnHome and urging Governor Newsom to grant An a pardon and protect him from
deportation to Viet Nam, a country he no longer knows and where he has no family ties.

Graphics and Photos: Download & Share!
1. Petition graphic:
https://drive.google.com/file/d/14N76n_J-pf3hKT-nLa2xxvnot-eSV2uQ/view?usp=sharing

PETITION
GOV. NEWSOM:
PARDON VIETNAMESE
REFUGEE AN NGUYEN
An Nguyen immigrated from Viet Nam to the U.S. as a child in 1990, where he faced poverty, bullying, and an education
system that tailed him, leading to a crime he served over 20 years for. Ou ring his time in prison, An worked hard to

rehabilitateandtranslormhis life.Anisachangedmanand wantstodedicatetherestofhislifegivingliackto

society.Afterhecompletedhis prisonsentence,AnwasdetainedbylCEin0ctober2019andagaininMarch2020.
Sinc ehisrelease inHarch. AnhasbeentryingtorebuildhislifebutcanbedeportedatanytimetoVietNam.An'sonly
path for relief from deportation and to stay united with his family is a pardo ~ om the Governor. An's nieces. nephews,
sisters, son, and mother all live in the U.S. and want not~ g more tnlln to #Keepll.nHome

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2. Call-in script:
https://drive.google.com/file/d/1alNwFYrac1f33qKIByB4L5-LEFg7-JHx/view?usp=drivesdk

~IL (916) 445-2841
~@WY CA GOVERNOR GAVIN NEWSOM
No more deportations!

Sample call Kript:

"My name is ___ and I represent ___ (org or city where you live).
I'm calling to urge Governor Newsom to pardon An Thanh
Nguyen. An served over 20 years in prison for mistakes he
made as a youth. While there, he worked hard to transform
himself. As soon as he was released from prison, instead of
being home with family, An was transferred to ICE detention.
After finally being released in November and re-released in
April from ICE detention, An has provided support to his
family, found work, and stayed committed to hi s
rehabilitation. An should not be punished again by being
deported and he should not be separated from his family. I
urge Governor Newsom to keep famil ies together, stop
another inhumane deportation, and Pardon An.

93

Bring Blue-Sky Home
Day of Action Toolkit

Rickie Blue-Sky is a 75-year-old Native American transgender man of the Coeur d’Alene Tribe
who has been incarcerated for over 37 years. As deadly COVID-19 outbreaks continue in
California prisons, Blue-Sky is at dangerously high medical risk. Blue-Sky is a beloved
community member and we need him home!
Please join us in urging Governor Newsom to grant immediate release for Rickie
Blue-Sky through a medical reprieve.
Please note: While we as Blue-Sky’s friends and family appreciate the rage & love that so
many of his supporters feel, we ask that you please affirm your support for his release while
steering clear of critiquing the system.

HOW TO SUBMIT PUBLIC COMMENT:
●
●
●
●
●
●

Go to: bit.ly/ContactNewsom
Select: “Have a comment”
Insert: Your first name, last name, and email address
Select subject: “Clemency — Commutation of Sentence”
Select position: “Pro”
Write your message: Sample script on next page

Sample script:
Dear Governor Newsom,
My name is [Insert Name]. I urge you to immediately release Rickie Blue-Sky

94

(W20937) through a medical reprieve. Blue-Sky is a Native American
transgender man who has been incarcerated for over 37 years. He is a beloved
community member and mentor.
[If you know Blue-Sky, describe how you know him. Either way, why is this
important to you.]
Currently, the COVID-19 pandemic is devastating Californians everywhere,
including people in our state prison system. Blue-Sky is a 75-year-old man who is
at high risk for death by COVID-19. Please use your power to immediately
release Blue-Sky to his loving family and community.
Sincerely,
[Name]

TWITTER
Sample tweets below
Graphics available for download here
Please take action: Rickie Blue-Sky, a Native American trans man and elder who’s been
incarcerated for 37+ years, is at great risk of #COVID19. Urge Gov @GavinNewsom to
#FreeBlueSky - submit your public comment today: bit.ly/ReleaseBlueSky #ClemencyNow
ACTION ALERT: Rickie Blue-Sky is a 75-yr-old Native American trans man, elder & mentor,
who’s at great risk of #COVID19 due to his age and chronic health issues. As COVID-19 rages
on in CA prisons, urge Gov @GavinNewsom to Bring Blue-Sky Home: bit.ly/ReleaseBlueSky
#FreeBlueSky
“Blue-Sky is everyone's mentor. He has shouldered much weight of our community. He has led
the way and cleared paths leaving a legacy of integrity, love, peace, no judgments. Please send
him home. -Kanoa, incarcerated at CCWF #FreeBlueSky
“Blue-Sky helped save my life from addiction. He led me by love, consistency and honesty to
recovery. He will do the same in his home community and save more lives.” -Mychal,
incarcerated at CCWF #FreeBlueSky #ClemencyNow

95

INSTAGRAM
Sample post below
Slides available for download here
Take action to Bring Blue-Sky Home: Rickie Blue-Sky, a Native American trans man and elder
who’s been incarcerated for 37+ years, is at great risk of #COVID19 in California prison. Urge
Governor @GavinNewsom to release Blue-Sky now to his loving family and community. Please
submit your public comment today to #FreeBlueSky: bit.ly/ReleaseBlueSky

FACEBOOK
Sample post below
Graphics available for download here
Day of Action to Bring Blue-Sky Home: Rickie Blue-Sky, a Native American trans man and elder
who’s been incarcerated for 37+ years, is at great risk of #COVID19 in California prison. Urge
Governor @GavinNewsom to release Blue-Sky now to his loving family and community. Please
submit your public comment today to #FreeBlueSky: bit.ly/ReleaseBlueSky

GRAPHICS
Artwork by @micahbazant

Facebook & Instagram Size:

~·I,
~~t.J1 / 1'-tlE,5, IJ tJ( Stt
#FreeBlueSky

Download here

Download here

96

Twitter Size:

Download here

Download here
Artwork by @micahbazant

97

ACKNOWLEDGEMENTS
This guide was produced by the Clemency Coalition of California. Thank you to our loved ones
inside, to all the impacted families, and to the community-based organizations supporting
clemency advocacy statewide. Thank you to our principal authors Melanie Kim, Yolanda
Ledesma, Colby Lenz, Monica Ramsy, Kellie Walters, and much appreciation to Steven Green
for introducing the guide. Thank you to Chanthon Bun for creating the cover artwork and to
Nashwah Akhtar for designing the guide. Finally, a special thank you to our loved ones who
shared their stories and to organizers inside and out who shared campaign materials in support
of this guide.

 

 

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