Julián Castro on Criminal Justice Reform

Castro promises to end the War on Drugs.

Castro pledges to increase security at U.S. ports of entry to prevent the trafficking of drugs like fentanyl into the U.S. When asked in a Nov. 2019 conversation with IHRC to expand on this promise, Castro responded, “Well I think that again, we need to strike a strong balance to the extent that there’s a usefulness for fentanyl in some instances than similar substances. I mean, I want to make sure that they’re available, but about three or four months ago we had the largest bust of fentanyl in the nation’s history, which was 254 pounds that came through a port of entry in Arizona. What I see is a lot of smuggling through these ports of entry, illegal fentanyl, and I believe that’s one way, that’s one area, where we can do a better job of preventing that entry into the United States, that we can be more vigilant. I see that still as consistent with ensuring that people have what they need and taking a change in direction in cracking down on the individual, which has really been a large part of the war on drugs is penalizing the individuals who end up in the grips of usage and often suffer from that. I don't believe in that approach, but I also don’t believe in substances, illegal substances coming through ports of entry that shouldn’t be coming through there. So, I think that we can do both of those things.”

Castro promises to eliminate the sentencing disparity between crack and powder cocaine, and will order a federal review of all other sentencing guidelines to address other possible racial disparities in sentencing.

Castro would reform the plea system, allowing for more support for defendants.

Castro would allow individuals up to the age of 21 to be tried as juveniles.

Castro would repeal the 1994 crime bill’s mandatory minimums and three strikes laws.

Castro would create a new $500 million federal grant program to invest in public defenders.

Castro would work to end abusive civil asset forfeiture.

Castro would ban the use of for-profit contractors in prisons.

Castro would abolish the death penalty.

Castro would strengthen enforcement of the Prison Rape Elimination Act (PREA).

Castro supports reforms to end the practice of shackling mothers during delivery of a child.

Castro would direct the Department of Justice to adequately enforce all laws and regulations to protect the rights of disabled prisoners, require prisons to have designated staff empowered to protect the needs of disabled prisoners, require publicly available data collected on the condition of disabled prisoners, and pass legislation reducing the number of disabled people incarcerated, including by increasing access to criminal justice diversion programs, and providing community-based mental health services.

Castro would repeal the Prison Litigation Reform Act, which significantly restricts prisoners’ ability to file lawsuits based on the conditions of their confinement.

Castro supports improving educational opportunities for juvenile and adult individuals who are incarcerated, such as increasing access to high-level classes, and credit-recovery opportunities.

Castro would promote non-armed responses to 911 calls by establishing partnerships between mental health units and other first responders, including crisis intervention services by medics, counselors, and social workers, rather than armed police officers.

Castro would work to increase housing assistance for formerly incarcerated people, and would pass legislation requiring States that receive benefits to lift the lifetime ban on Supplemental Nutrition Assistance Program (SNAP) and Temporary Assistance for Needy Families (TANF) benefits for people with felony drug convictions.

Castro would establish an independent commission to review cases of non-violent offenders and make continuing recommendations to the President on clemency.

Castro would ban the use of deadly force unless there is an imminent threat to the life of another person and all other reasonable alternatives have been exhausted.