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  • Writer's pictureSarah Chu

“Modern-Day Slavery” in America’s Prison System

Updated: Sep 11, 2020

We, as a society, must do better for the black community. As an ally for the Black Lives Matter movement, I aim to highlight the vast inequalities black people face through an interdisciplinary lens. I am by no means an expert, but I am learning to be a better advocate for the black community. I implore you to do the same: educate yourself on what it means to be anti-racist, donate to the many organizations supporting the movement, and join me in this fight for equality. -Sarah

 
AP/Kiichiro Sato

Why does the U.S. have the largest population of incarcerated people in the world? America depends on it.


June 15, 2020, 10:30 am EDT

Written by Sarah Chu


America, the land of the free? Far from it.

As of July 2019, more than 2.2 million Americans were living behind bars. The staggering growth of convicted felons in recent years follows the reliance of using prison labor to produce commodities for the economy.

In 2017, inmates working under UNICOR produced $453.8 million in clothing, textiles, electronics, and office furniture. In addition, most inmates work in their own facilities, where they perform a range of daily operational tasks necessary for prisons to function. Some even battle wildfires to protect communities they aren’t even a part of – all while making a few cents per hour.

Inmates are exempt from the Fair Labor Standards Act of 1938, which requires that workers are paid at least the federal minimum wage. This legislation allows Congress and businesses to exploit inmates for cheap labor, which activists deem as a form of “modern-day slavery.”

Ava DuVernay’s 2016 award-winning documentary, 13th, further sheds light on the exception clause in the Constitution that still permits slavery: “Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.” So, if you are convicted as a felon, you are a slave of the state.

In recent years, much of the state legislation that supports prison labor was created by the American Legislative Exchange Council (ALEC). Founded in 1973 by Paul Weyrich, ALEC is a public-policy organization that supports conservative legislation. A key function of ALEC is the development of “model legislative proposals” that encourages privatization, where firms seek to maximize profits and cut costs. It is for this reason why private firms fund most of ALEC’s operating budget: in 1992, 70 percent of ALEC’s $3.7 million budget came from corporate donations. Today, this number has risen to 98 percent.


ALEC has also been a major advocate for keeping prisons filled. The organization has pioneered bills that advance “tough on crime” initiatives, which include truth in sentencing laws and three strikes laws. The organization gives firms access to cheap labor in return for corporate funding, thereby fueling mass incarceration in the U.S.

An extensive list of ALEC donors is here, but let’s name a few prominent firms:

Whole Foods

Despite Jeff Bezo’s claim of supporting the Black Lives Matter movement, his actions speak otherwise. Amazon’s subsidiary, Whole Foods sold tilapia and artisanal cheeses from companies that use prison labor.

Fast-food restaurants

McDonald’s uses inmates to process frozen foods, beef, and poultry products. Wendy’s also relies on inmates to reduce such operating costs.

Retailers

Prison exploitation runs deep in the global fashion industry. Macy’s, Walmart, JCPenney, Victoria’s Secret, and Target are under fire for using inmates for garment production.

 

Companies aren’t the only ones benefitting from prison labor. Mike Bloomberg, former mayor of New York City and former democratic presidential candidate, made headlines last December for hiring a third-party vendor that used prison workers to make phone calls. The campaign claimed they were “unaware” of this matter and immediately cut ties with the vendor.

Perhaps most surprisingly, New York Governor Cuomo deployed prisoners to produce over 100,000 gallons of hand sanitizer to combat coronavirus price gouging from independent sellers. This shocking find illustrates that using cheap prison labor does not fall on partisan lines. In fact, Americans – knowingly or not – rely on it.

During these tumultuous times, Congress must reevaluate America’s reliance on prison labor in our economy.


The annual loss to GDP from the use of free prison labor results in nearly $32 billion in worker’s wages, greater than the economies of two-thirds of countries worldwide. From an operations standpoint, correctional facilities cost taxpayers more than $87 billion in 2015, a 1000 percent increase from the $7.4 billion spent in 1975. These numbers also do not account for the negative externalities that incarcerated people face. The physical, mental and substance abuse conditions shape the process of reintegration for ex-convicts, presenting layers of both tragedy and inequality for affected individuals.

Slavery has never ended in the U.S. It has simply taken another form. While correctional facilities aim to protect the public by deterring crime and rehabilitating those who commit, it has since become a hub for criminalizing people of color and exploiting them for cheap labor. Ending prison labor exploitation begins with recognizing which firms use prisoners in their business models. For institutional change, Congress must ultimately consider an end-to-end reform in this country, which includes our criminal justice system. As recent developments in the Black Lives Matters movement have shown, change is possible, but it is only the beginning. Time will tell whether these reforms are enough to end slavery – for good.

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