WASHINGTON (NNPA)—Kemba Smith, whose case became a primary symbol for the struggle against mandatory minimum prison sentences, is now working to associate her name with another cutting-edge issue: the repeal of a section of the Higher Education Act that blocks thousands of college students from receiving federal aid if they’ve ever been convicted of a drug-related offense.
"It’s denying people their full citizenship opportunity for higher education," says Ms. Smith of Richmond, Va. "If they [students] made a mistake, they’re not being afforded an opportunity to continue their education to better themselves."
The Department of Education reports that 8,461 applicants have been rejected for student aid for the 2002-2003 school year. The Drug Policy Alliance (DPA), a non-profit organization in Washington, D.C., which advocates for fair drug policies, reports that as many as 60,000 students have been denied help since 1998.
That year, the Higher Education Act was amended to withhold federal aid from students or prospective students who had been convicted of even a minor drug violation even if they’ve already served their time for the crime.
Ms. Smith was recently awarded a Soros Justice Postgraduate Fellowship for advocates. The two-year grants are made to lawyers, advocates, activists and former prisoners to support national criminal justice reform. It will enable Ms. Smith to inspire youth to speak against the nation’s regressive drug policies.
She also hopes to become involved in the treatment of women in prison, convicted felons’ loss of voting rights, conspiracy drug laws and mandatory minimum sentences. She knows a lot about the latter, which led to a 24.5 year prison sentence for her minor role in a drug ring operated by her late boyfriend, Peter Hall.
Thinking that a confession and testimony that Mr. Hall had battered and abuse her would win leniency, Ms. Smith in 1994 pled guilty to charges of conspiracy to distribute crack cocaine, money laundering and lying to authorities.
Her story was championed by Emerge magazine. After reading the story, Elaine Jones, director-counsel of the NAACP Legal Defense and Educational Fund, decided to represent Ms. Smith in court. Although unsuccessful in having Smith’s case dismissed, LDF asked President Clinton to pardon her.
And he did just that on Dec. 22, 2000. Since her release, Kemba graduated last year from Virginia Union University with a bachelor’s degree in social work and hopes to become a lawyer.
Smith received financial aid in college because she was convicted before the strong anti-drug laws went into affect. That doesn’t lessen her commitment to see the law changed.
"Her story is one that captured a lot of attention," says Deborah Small, the Drug Policy Alliance’s director of public policy and community outreach. "In our minds as well as the minds of many people, her case is a stark example of the excesses in the war on drugs."
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