Category: North America

Why Car Overreliance is a Human Rights Issue

By Lexie Woolums 

Sustainability means a lot of things to many different people, and I view that as a positive thing. One part of sustainability that is usually highlighted is the focus on environmental sustainability, given the real-time effects of climate change. Individuals apply this to their lives in many forms, such as my grandmother, who refuses to throw away food, or my supervisor, who walks to the office. 

When talking about sustainability, people are quick to bring up things like recycling or electric vehicles (EVs). In essence, this is the low-hanging fruit (not necessarily in price, but they require the smallest amount of effort or change). These are the simple things that make wealthy people feel better about unhealthy consumption habits. This blog is not intended to point fingers. I want to highlight this black-and-white perspective of sustainability, which is misguided. Still, it remains a popular view in much of the Global North due to inadequate education or pure convenience.  

In 2024, we would rather feel good about ourselves for putting plastic bottles in the recycling bin than examine why we are still using single-use plastic bottles. For some, these reasons are significant, as not everyone has access to clean and safe drinking water. For others, not so much. The ultimate truth is that it is more convenient to adapt sustainability into our current habits than to change our habits to be more sustainable. Essentially, this view is a type of “convenient sustainability”—or capitalistic sustainability— and is a bit of an oxymoron, considering that capitalism thrives on maximizing profits at the expense of any consideration of long-term social or environmental sustainability. 

I am not here to encourage anyone to stop recycling and refuse to buy only gas automobiles but to challenge them to think about it in a less binary way. At a basic level, most of these choices are better for the environment than the alternatives. However, they do not get to the root of the problem, which, for this blog, is a society dominated by a reliance on automobiles rather than on diverse modes of transportation. 

Painted sign that reads "Capitalism is the crisis" in black and red text.
Figure 1: Protest Sign that reads “Capitalism is the Crisis.” Painted sign that reads “Capitalism is the crisis” in black and red text.

Beyond that, the narrative that buying something new will solve climate change is not only false but reinforces the narrative that innovation under capitalism can save us from the repercussions of climate change, which is the same mentality that has gotten us here. 

To get to the root of this problem, we must look at different aspects of the life cycle of products to really get at what true sustainability is—not just environmental sustainability but social and economic sustainability, too. In this blog, I will use the case of car overreliance to illustrate true sustainability. Not only is it poor for the environment, but car overreliance also has human rights concerns due to its impacts on air pollution, communities of color, and the global supply chain. 

I want to be clear that I do not think it is reasonable to expect us to eradicate the use of automobiles in this country, nor is it necessary. Cars are needed in many rural areas, and the United States is a large country. But in a culture that loves to flaunt the benefits of a free-market system and increasing consumer choice and freedom, why have we accepted that cars are the only option? This acceptance benefits the automobile industry and the fossil fuel industry, even for EVs. 

 

The Rise of the Automobile 

It may be difficult to imagine, but automobiles are a relatively new technology, and they are extremely inefficient. The average American automobile spends 95 percent of its life parked, which seems like a crazy statistic at first until you actually think about the amount of time you spend in your car each day. 

For the purpose of this blog, I am specifically targeting EVs because they are too often touted as the solution to climate change, especially in the Global North. What I think is most important to note is that this perspective is a privileged one. There are numerous environmental issues that are directly caused by car overreliance, and EVs will not solve most of them. 

 

Pollution, Human Health, and Small Business 

The Pew Research Center reports that tires are responsible for 78 percent of microplastics in the ocean.  Tires are composed of synthetic rubber that contains over 400 chemicals, including heavy metals such as lead, copper, and zinc—and many of them are carcinogenic. Additionally, the average car with four tires produces 1 trillion ultrafine particles for every kilometer driven (around 0.6 miles). 

Automobiles spit out emissions at the street level, which contributes to climate change by releasing carbon dioxide, methane, nitrous oxide, and hydrofluorocarbons by burning gas and diesel. There is also increasing awareness that automobile exhaust is a public health concern. One 2023 study linked breathing in traffic emissions to increased blood pressure of passengers. Other studies have connected air pollution from automobiles with increased rates of cardiovascular disease, asthma, lung cancer, and death.  Additionally, a society focused on cars promotes a sedentary lifestyle, which puts people at risk for many of the same conditions caused by the air pollution from tailpipes. 

Moreover, a world built around automobiles (and the rise of the suburb) also benefits large corporations and harms local businesses. Since smaller businesses generally operate in smaller (usually more urban) areas rather than in large commercial lots, car-centric design common throughout the suburbs makes it easier for consumers to purchase from large companies. Meanwhile, many small businesses rely on people walking/passing through, which car dependency negatively impacts. 

 

Urban Sprawl 

The rise of the automobile is connected with the rise of the suburbs and modern urban sprawl—think driving down Highway 280 in Birmingham at 5:30 PM on a Tuesday. The rise of the suburbs has increased the number of miles per trip and made it convenient to move far away from the cities. Massive amounts of land were developed, displacing wildlife and allowing the wealthy (and predominantly white) to move away from the cities. Studies have linked development with a decrease in biodiversity. While, arguably, this concerns urban and suburban areas, the suburbs take up significantly more space than urban areas (even though they contain far fewer people living in them). 

It is a common misconception to think that a rural home with large, spacious fields is the most “environmentally friendly” way to live, with cities being the enemy of true sustainability, largely due to the historical implications of the Industrial Revolution on cities. While living in a rural area is not necessarily bad for the environment, cities are vastly more efficient from a space perspective, and much of that is because of the diversification of transportation (though this depends on the city). 

Much of what I am describing is the ideal end result of success through the American Dream. It focuses on economic prosperity and the goal of owning property and raising a family. It’s no secret that the idea of upward mobility being accessible to all is inaccurate. Aside from that, it can take time before we think about the cost of all of this. 

A black and white photo shows individuals marching in a protest against the construction of a highway.
Figure 2: Protesters organizing against the construction of a highway. Source: Yahoo Images. A black and white photo shows individuals marching in a protest against the construction of a highway.

 

Connection to Human Rights Domestically 

Besides the consequences of that for human health we’ve already talked about, overreliance on automobiles exacerbates the already high inequity within the United States. The US Department of Transportation estimates that the construction of the interstate system displaced over 1 million people when it was built starting in the late 1950s. The system was built to connect the United States, and it did, but it connected some groups more than others and came at a high cost to others. The bulk of the interstate system cut through black and brown communities to cater to white commuters who worked in the city but lived in the suburbs. Not only has infrastructure historically cut through communities of color and impacted the once-flourishing social centers there, but by putting a highway there, it places those same groups of people underneath the emissions pipe of people who drive through there every day.  

As for the consequences of this shift on cities? There are numerous. One of the main ones that comes to mind is the issue of parking. On UAB’s (University of Alabama at Birmingham) campus, nearly everyone is dissatisfied with the parking situation. This issue goes back to the inefficiency of the automobile. As mentioned earlier, on average, a car is parked for 95 percent of the time, taking up a square of concrete nine feet wide by 18 feet long. This is problematic for urban areas like Birmingham because the density of jobs and people is so high, yet the amount of space is quite tight. It does not take a civil engineer to recognize how inefficient this is in terms of land usage. This is also problematic when you consider that the majority of the time, all the parking lots are empty—yes, they really are empty most of the time. 

In addition to their inefficiency, they impact different communities disproportionately. Parking lots are generally built in, near, or even over communities of color, further degrading property values (and can sometimes make those communities warmer due to the heat island effect). This is also concerning for public health because parks in nonwhite areas are generally about half the size of parks in majority-white areas. 

When considering all of this, it is not difficult to see how car-centric infrastructure is a human rights issue in the US, often fueled by racist zoning laws and institutions that seek to capitalize on the manipulation of communities of color. 

An aerial view of downtown Houston shows that most of the space is used for parking than for buildings.
Figure 3:Parking covers more space than building space in downtown Houston, Texas. Source: Yahoo Images. An aerial view of downtown Houston shows that most of the space is used for parking than for buildings.

Similarly, the modern American driver is dissatisfied with the amount of traffic whenever “everyone else” is taking up all the room on the road. In the United States, there are large cities that are known to have this problem due to their almost complete reliance on automobiles. Houston and Atlanta are primary examples of this, where they have such high populations and poor public transportation to accommodate the large daily movement of people. 

In Alabama and many other states, the solution is to add more lanes, which makes traffic worse due to a concept called induced demand. While it may seem that adding another lane would allow more space for people to drive and reduce traffic, adding another lane to an inefficient system makes the existing system more inefficient. Increasing roads by 10% will temporarily improve traffic, but over time, it will increase traffic by 10%, making the problem worse. 

 

Human Rights Violations in Congo 

EVs, as you may have realized, do not solve our parking or traffic problems. Beyond that, there are human rights concerns with the global supply chain that make EVs less ideal, too. 

With EVs specifically, the lithium batteries require a significant amount of cobalt. The largest reserves of cobalt in the world come from mines in the Democratic Republic of the Congo. Copper is also needed for different types of batteries, including cell phone batteries, and it is frequently mined in Congo as well. Unfortunately, families in Congo have been forcibly evicted due to the opening of new cobalt mines. Amnesty International, a global human rights NGO, has accused large companies who are opening these mines of forced evictions, threats, intimidation, and deception of the people who live there. 

It is crucial to mention that ethical considerations like this have long been used by the fossil fuel industry to discredit and slow down the movement toward clean energy. It is imperative for the US to curb emissions and shift towards renewable forms of energy. Additionally, automobiles are a significant component of that, making up the largest category at about 29 percent of GHG emissions in the US. Still, it is critical that we do not continue to uphold unjust forms of labor and oppression. It is precisely these systems that have placed the United States as an economic powerhouse through the exploitation of people from other countries, damaging their health and environmental quality for our benefit. 

 

Moving Forward 

From an emissions perspective, EVs are a step in the right direction, but they do not begin to touch most of the other issues discussed in this blog, including environmental racism and public health concerns from an automobile-centered society. 

EVs won’t solve the parking problem, the traffic problem, the microplastic problem, or the human rights issues associated with the global suppliers that are notoriously secretive about their practices. While they may decrease direct pollution that is linked with all the health conditions I mentioned earlier, they do not erase the damage to the people and countries that are supplying materials for their construction.  

What will start to get at the problem is diversifying transportation. While automobiles are needed in many cases, it is extremely exclusive and inefficient to make them the only option, especially in our mid-size and large cities. In some countries, tax dollars fund all transportation infrastructure rather than almost solely funding infrastructure for cars and requiring bike infrastructure to be paid for by private individuals. In the US, most states spent an average of $1.50 to $3 per capita on bike infrastructure. 

Improving public transportation in urban areas and between cities, such as through intercity trains, would benefit public health and the environment. It could also be a small start of changing centuries worth of racism and inequity by decreasing pollution and making it so that the people producing the most pollution cannot drive 40 miles outside the city to get away from it. 

Investing in public transportation would also improve the lives of people who cannot drive or do not want to. In a car-dominated society, many disabled people and elderly people are forced to rely on others to take them places or pay for expensive Ubers. Giving them the option to travel without the assistance of others, just like everyone who drives themselves to work, is important to preserve their autonomy so they can maintain control over their own life without relying on others. 

Car-centric design favors the wealthy and forces the rest of the population to keep up with car payments and insurance, which are quite expensive for the everyday family. According to the Institute for Transportation and Development Policy, the average American family’s second highest expenditure (behind housing) is transportation, with 93 percent used for car payments and maintenance. It also favors the automobile companies, which is the biggest reason we do not have diversified transportation (like nearly every other developed country). 

The simple truth is that the United States economy benefits from the sale of cars, and changing how we view this is difficult. Changing the infrastructure (and, in some ways, creating it) would not be easy, but it would create a more inclusive world. To change this, we must make the best decisions and push for improved public transportation, especially in urban areas like Birmingham. 

 

What can we do? 

Realistically, no person can change this system individually, and I think that is a large reason why people love talking about EVs and other ways we can individually make an impact. 

Overall, wanting to make a difference is a good thing. It is important to pay attention to the companies you purchase from and ensure they are upholding high ethical and sourcing standards. I have mentioned this in previous blog posts, but the best thing to do is to refrain from purchasing unless you truly need it—and even then, try to buy secondhand. 

If you do not need a new phone or laptop, do not buy a new one every year. Remember that companies, including the fossil fuel industry, benefit from the mentality that we should all have the newest thing. This is not good for your wallet, and it is especially harmful for the planet and the humans who collect the resources used in things we take for granted every day. 

Another thing to consider is reducing your reliance on batteries. I am not saying to throw out all the batteries you may have at home, but to think of it from a purchasing perspective. It is becoming increasingly common for basic household appliances to be battery-powered because they are convenient. For some people, having multiple battery-powered flashlights for camping is a crucial safety measure, but if you need a new appliance for use in your home, be realistic. Batteries are convenient, but do you really need a battery-powered vacuum cleaner or handheld mixer that could be plugged into the electricity grid for use in a home? Given the questionable industries involved in battery production (and their environmental damage when they are not properly disposed of), eliminating the use of battery-powered objects in cases when they are not necessary is a great start. 

 

A Final Note 

I cannot finish this blog without mentioning that Birmingham does have a bus system, but it is mostly designed for people who do not have cars. It is designed as a last resort rather than a first choice, which means that users are often viewed negatively for not having a “better” option. 

Arguments against diversifying transportation usually include comments that walking or biking is not accessible because things are so far away. 

If that is what comes to mind, I’d like you to consider that most major and even mid-size cities (Birmingham included) had expansive public transportation until private car ownership increased from the 1920s to the 1950s. I cannot include them here, but you can find maps of Birmingham’s old streetcar system online. 

Many of the tracks are still here, and we drive over them every day without even realizing it. 

The Unrecognized Effects of the Opioid Crisis on Native Americans

by Abigail Shumate

A Brief History of the Opioid Crisis

Beginning in the late 20th century, opioid prescription rates skyrocketed in shocking numbers, and in just over ten years, opioid sales quadrupled. With the introduction of OxyContin into everyday life and medication sales, an opioid that was falsely advertised as non-addictive, as well as pill mills across the United States, millions of people fell into a deadly addiction. As people lost access to prescription opioids, they often turned to more illicit drugs, such as heroin. This was worsened by the prices of heroin going down, making it much easier for people to afford large quantities of the drug. The use of heroin is often looked at as the second wave of the drug crisis, and heroin deaths surpassed prescription drug deaths in 2015. The third wave of the opioid crisis is where we currently reside, and it is characterized by overdose deaths related to synthetic opioids, such as fentanyl.

Connection to Native Americans and Alaskan Natives

The opioid epidemic has been heavily discussed in the past few years; however, it has been occurring for even longer. Opioid usage affects most groups; however, its large-scale detriment to minority race and ethnicity groups is frequently ignored. Native Americans and Alaskan Natives (here referred to as NA/AN) are disproportionately affected by the opioid crisis, and this discrepancy is ignored by many critical groups.

American Indians have the highest drug overdose death rates, and these rates are not stagnant. The CDC reports that overdose deaths have increased by 33% within the last several years. This pattern of drug abuse and overdose is not isolated to adults, as NA/AN youth also struggle with the use of unauthorized prescription painkillers, with some reports showing as many as 11% of high school students using painkillers without explicit orders from their doctors.

There are many factors that cause NA/AN groups to be affected more heavily than other groups, and these include historical trauma, lower educational attainment, lack of easy access to healthcare, housing problems, poverty, unemployment, violence, and mental health issues. In this post, I will choose to focus on two main reasons: lack of easy access to healthcare and mental health issues caused by lost connection to culture.

Health Disparities in NA/AN Communities

NA/AN groups have serious healthcare inconsistencies that must be addressed for these communities to gain adequate support during the opioid crisis. The Indian Health Service (IHS) is a group that provides care to over 2.2 million people, but it is severely underfunded by Congress. As this is one of the main organizations providing healthcare access to NA/AN groups, this underfunding affects millions of lives. To put these funding issues in perspective, funding would have to almost double to match the degree of care provided to federal prisoners, and it would have to increase by even more to equate to Medicaid benefits.

Alternate Text: Image of white OxyContin bottle with white pills laid out in front. Source: Flickr
Image of white OxyContin bottle with white pills laid out in front. Source: Flickr

Poor healthcare consistently results in the treatment of symptoms instead of causes, and, unfortunately, this means the prescription of opioids. Whether injuries occur from manual labor, physical activity, or driving accidents, NA/AN individuals are more likely to be treated with opioids as opposed to more effective means of treatment, such as physical therapy. Poor healthcare aligns directly with low-quality insurance or no insurance at all, and opioids are more likely to be prescribed in areas with uninsured people.

Mental Health and Cultural Disconnect

The traumatic history of Native American groups has a massive impact on these overdose rates, as forceful deprivation from culture leads not only to issues such as inadequate healthcare and poverty, but also mental health issues, one cause of opioid treatment, these being direct pathways to opioid addictions.

Mental health issues are incredibly prevalent within NA/AN communities, with suicide rates for them being more than double those for the entire U.S. population. NA/AN individuals are also more likely to be diagnosed with anxiety disorders and PTSD. These mental health conditions, when left untreated or inadequately treated, can often lead to drug abuse. The IHS does provide care for mental health and substance abuse issues; however, the already underfunded organization only uses about 10% of these funds to support substance abuse treatment

These mental health issues can be attributed to many things; however, a major force playing into this is the history of trauma amongst Native Americans. This topic could be one if not several, entire blog posts, but here I will attempt to briefly sum it up. It is important to note that there are around 600 federally recognized tribes, so the experiences of NA/AN individuals can vary greatly. One thing most groups share is a prevalent history of displacement and loss of culture. In the late 19th century, the majority of Native American individuals were forced to relocate to reservations or into urban areas. This resulted in a decline in socioeconomic status, which resulted in poor living and working conditions, as well as heightened health issues, both mental and physical.

It is vital to remember that NA/AN groups are underrepresented in major clinical research studies. This results in the general public being unaware of the true extent of issues within these communities. This underrepresentation in research exacerbates the disparities and can easily result in the continuance of the opioid crisis for Native Americans with little to no acknowledgement from major government parties. Another impact of inadequate research is misconstrued statistics, and it is likely that the opioid crisis is worse for NA/AN groups than scholars anticipate, as overdose cases may be underestimated by as much as 35% due to race miscalculations.

Alternate Text: Image of a white hospital room with two bed placed in the center. Source: Flickr.
Image of a white hospital room with two bed placed in the center. Source: Flickr.

 

Creating Change

The first thing that needs to be done in order to improve the worsening opioid crisis in NA/AN areas is to improve funding for the Indian Health Service. The United States Congress must take action and increase funding—the funding in 2022 is less than half of what patients need. With adequate health care, individuals with mental health and substance abuse issues will be able to get the help that they need, and, on the more preventative side, with better care, individuals will be less likely to be prescribed opioids as a substitute for proper treatment.

The second action that needs to be taken is better awareness. There needs to be more research devoted to NA/AN groups, so that we are able to pin down what leads to these heightened addiction statistics. Overall, it is vital for individuals to take personal responsibility and increase their own awareness of the issues. Native Americans have been ignored and mistreated for decades, and this must be remedied in the present.

Factors Affecting Poverty in Alabama

by Jordan Price

A child with no shoes, pink pants, and a light pink jacket sits on a red, blue, and yellow hard plastic toy. She is in a backyard surrounded by gray dirt, trash, and other junk. Her face is dirty, and her hair is messy.
Financial stress in the home can have negative psychological effects on young children. Source: Yahoo Images

One day, in the cafeteria of my small-town Alabama high school, my friend asked if I could sneak some extra snacks from the cafeteria as I went through the line, “Anything that I can put in my backpack for later.” I wondered why her question was asked so defeatedly but brushed it off as her just wanting some extra Rice Krispies treats. So I hid an extra snack in my pocket and grabbed a banana that I knew I wasn’t going to eat. As we sat down, she reached deep into her pockets and pulled out packs of carrots, an orange juice, two Rice Krispies treats, and an apple, quickly shoving it all in her backpack. I handed her what I had gotten and I didn’t ask any questions. This went on for the rest of the semester and it gradually became clearer that her love for Rice Krispies was not the driving force. Her mom had lost her job, and she had suddenly been hit with something that over 16% of Alabamians are facing: poverty. 

In this article, I will lay out some aspects of Alabama’s society based on my research that may correlate to the economic disparity of the state. 

Cultural Emphasis on the Free Market

Because of the biodiversity of the state and the emphasis on agriculture, many people have found success and stability in small-scale agricultural labor. When the main means of production in a community are small, family-owned-and-operated farms, most people in society have access to the means of production. Small farmers tend to pay their workers well and keep prices fair in order to compete with the many other small farms. Customers are willing to pay a fair price for the products because they trust that it is good quality due to the competition. This is how many communities in rural Alabama have historically operated, and it has fostered a strong sense of hospitality and community. This research from Auburn University in 1987 shows the cultural perception of farming and agriculture in Alabama at that time. Many people supported small family farms over larger, more industrialized farms. Many of these small farms were focused on manual, hands-on labor, wherein the employees worked closely with the means of production and saw the outcomes of their labor. This is why many people in the South hold onto values of a completely free market, with little regulations on employment, wages, and worker protections. When I mention the “shift in the industry,” I am referring to the shift from hands-on labor working directly with the Earth’s resources to more industrialized factory work and white-collar office jobs. 

When the means of production become larger and farther removed from the laborers, this type of economic setup becomes an issue. The shift in industries in which Alabamians make money has privatized the means of production and reduced competition. People now are more likely to work indoors in offices, factories, and businesses, far removed from the means of production of the goods and services that they facilitate. This shift has led to many of the problems of an industrialized unregulated system to show themselves in the economic struggles of Alabamians. Employers are farther removed from their employees, meaning they are less likely to directly see all of the work being done by them. Also, under an industrialized free market, salary and wages are often set by huge company employers with little to no competition. Many people must accept these lower wages or be unemployed, making no wages. This is not to say that the free market is necessarily bad. In many ways, Alabama still relies on small businesses and agriculture. There are many ways in which the free market is fundamental to the rights we enjoy, but when a market like this gets into the hands of greedy employers with little regulations on the minimum wage and maximum workload they can give to their employees, it can be used to contribute to the economic struggles of the working class.

Cardboard boxes full of bright orange peaches sit on shelves. The boxes read "Headley's Big Peach. Chilton County I-65 Exit 212. Located under Alabama's largest peach." There is a sign saying, "$9.99 per box, Do not mash on peaches."
In Chilton County, where I am from, the economy still relies heavily on farming, particularly peaches, which play a huge role in the culture of the county. Farming in Chilton County still maintains many of the good qualities that I mentioned in the first paragraph of this section. Source: Yahoo Images

In Alabama, many people have the attitude that if they earn their money or belongings through work, then they deserve to hoard all of the benefits of it. The “bootstraps” view of work is heavily valued in Southern culture, which has its benefits, but ultimately fails to bring fair wages and labor conditions to the middle class post-industrialization. By the “bootstraps” view of work, I am referring to the saying that one can or should “pull themselves up by the bootstraps” when they are of lower economic class. This promotes the idea that working hard is the best way to move up in one’s socioeconomic class; however, people can be of lower economic class for a multitude of reasons, not limited to merely work ethic. This view of work rarely has the intended effect in industrialized fields. It also often excludes people with disabilities whose work opportunities are limited. Watch this Tedx Talk, where Antonio Valdés explains the logistical issues with this view and the statistics surrounding the issue. Additionally, in a strictly free-market worldview, it is often hard to justify social welfare programs, since funding for them must come from the hard-earned tax dollars of people who claim that they deserve their money, and go to people who they claim do not. Although this view does encourage people to work hard and pull their own weight in society, this system can often be manipulated to benefit a few people while pushing a large portion of the population underneath the poverty line. 

Education 

Another factor that is affecting the wealth of Alabamians is the education system. Alabama consistently ranks in the bottom half – mostly in the bottom 10 – of states in every area regarding education. This article puts some numbers to these statistics. There is no doubt that education correlates to economic mobility, and the education that Alabama students are receiving does not prepare them to compete in a national – much less international – job market. With the industrialization of the workforce, it is important that Alabama puts more resources into improving the quality of our education system if we want to grow economically. 

During my research, I came across an article titled Alabama’s Education System was Designed to Preserve White Supremacy – I Should Know. It explains the history of the education system of Alabama and how – rather than designing schools for students to flourish through knowledge – the designers of the system were preoccupied trying to push a white supremacist political agenda. Effects of this can still be found in Alabama’s K-12 education system today, making Alabama school history and social studies curriculum a battleground of political ideologies rather than a place where children can gain a better understanding of their society. I highly recommend giving this article a read, as it was incredibly informative and helpful in my understanding of the pitfalls of the education system in which I was raised. 

Slavery, Segregation, and Civil Rights

For many of its first decades, Alabama’s economy was fully held up by unpaid enslaved Black laborers. The soil in this region was the perfect conditions for cotton to be grown, so cotton, along with tobacco, were the main crops that were produced by these laborers. Once the Emancipation Proclamation was carried out in Alabama, the economy took a big hit. Rather than blaming themselves for not working “labor wages” into their finances, plantation owners blamed the formerly enslaved people for not working for free anymore. Slavery grounded our state’s history directly into the soil of race-based hatred, prejudice, and power imbalances from which we have never recovered. Segregation immediately followed emancipation and lasted for 91 years. Following this, Alabama was a significant site for the Civil Rights Movement of the 1950s and 60s. In Selma, an event called Bloody Sunday occurred when a group of police officers used whips, clubs, and tear gas to attack protesters. In Montgomery, Rosa Parks notably refused to give up her seat to a white man, for which she was arrested. In Birmingham, Martin Luther King Jr. wrote, “Letter from Birmingham Jail,” one of the most famous pieces of writing from this movement. Still today, Alabama is one of the most socially segregated states in the United States. 

Two similar emblems, each centering a black and white drawing of a rooster with a banner above and below. The banner above the first says, “white supremacy” and below, “for the right.” The banner above the second says, "Democrats" and below says, "for the right."
The emblem on the left served as the official emblem for the democratic party of Alabama from 1904-1966, appearing on all ballots, official government materials, and some government buildings. In 1966, they switched to the emblem on the right. Important note: the parties switched sides in the 1970’s, so the democratic party for which this emblem stood is now called the republican party. Source: Yahoo Images

It is unsurprising that a state so steeped in racism would have such a large percentage of people in poverty. When entire groups of people live in an area but cannot work certain jobs, access an equal education, earn equal wages, or make big purchases, the entire area suffers. Economies are reliant on the ability of people to participate in them, which is the reasoning behind stimulus checks. If people don’t, or can’t, make or spend money, a free-market economy will not be strong. Not only are people of color in Alabama denied from higher-paying jobs at a much higher rate, but when they do get these jobs, they are often paid significantly less than their white counterparts. This economic inequality leaves entire communities impoverished, more likely to find themselves without a house, and more likely to commit petty crimes for survival. This creates a harsh cycle of poverty, imprisonment, and stereotyping that is incredibly difficult to escape. 

Mass Incarceration

All it takes is a quick search on the Institute for Human Rights Blog to see just how many posts have been written about Alabama’s prison system. Anybody unaware of the prison crisis would think that we are beating a dead horse. They would be shocked to hear about the horrors occurring in prisons right down the road from where many of these posts were written. Maybe then, they would understand why we write so much. Because of the wealth of information on this topic, I will link a few articles written by my colleague Kala Bhattar here if you would like to learn more:

The Ongoing Alabama Prison Crisis: A History

The Ongoing Alabama Prison Crisis: From the Past to the Present 

 

It is not a stretch to link mass incarceration to poverty. Recidivism rates (the rate at which people who have spent time in prison return to prison) are high in Alabama. Roughly 29% of people released from prison re-offend within the first three years. The Alabama government seems to attribute this statistic to these people being morally depraved, that they are just “bad people” (whatever that means) rather than to the fact that their needs are not being provided for. The classic example of the link between poverty and crime is a parent stealing bread to feed their family, when the only other option is to go hungry. Technically, stealing is a crime, but most people would agree that the parent who steals bread for their kids should not be punished as harshly as someone who steals for other, more selfish reasons. Of course, poverty does not totally excuse or account for all crime, but there is no doubt that necessity mitigates moral culpability.

A graphic labeled “Incarceration Rates: Comparing Alabama and Founding NATO Countries.” The graphic is made of 13 horizontal bars representing the number of people per 100,000 that are incarcerated in each place. The first two bars, representing Alabama and the United States, are so long that they extend outside of the graphic. The specific numbers per place are as follows: Alabama - 938. United States - 664. United Kingdom - 129. Portugal - 111. Canada - 104. France - 93. Belgium - 93. Italy - 89. Luxembourg - 86. Denmark - 72. Netherlands - 63. Norway - 54. Iceland - 33.
Alabama has a seven times higher incarceration rate than any founding NATO country, excluding the United States. Source.

This is not an extensive list of reasons why Alabamians are having the amount of economic struggles that they are having. Some others include: political polarization, excessive legal fines and fees, the fentanyl and opioid crisis, and the social disenfranchisement of pretty much every minoritized group. As an Alabamian, it is incredibly upsetting to see my state fall short in so many ways. It often feels like there is not much to be proud of, but it is important to remember that pride in one’s homeland does not mean blindly defending everything about the state. Pride in one’s homeland comes from genuinely caring for the communities that live here, criticizing the government when warranted, and guiding the culture to a more harmonious place. And caring, criticizing, and guiding is what we will do until our state sees better days. 

Mental Illness in U.S. Prisons and Jails

by James DeLano 

“I run the biggest mental hospital in the country.”

That was Los Angeles County Sheriff Lee Baca in 2005. He was referring to the fact that, in 2005, over 2,000 people in the county jail had been diagnosed with a mental illness. That has not changed. Nationwide, between 16% and 24% of incarcerated people have a severe mental illness. In the general population, 4% of people have these illnesses. Prisons are serving as replacements for psychiatric hospitals, but they are not changing to accommodate that.

In the 1840s, people with mental illnesses were generally imprisoned. That was due to the criminalization of many symptoms and a lack of societal acceptance. Although mental disability has not been a legitimate excuse for imprisonment, mental health problems are still significant in today’s prisons.

National Problems 

Nationally, estimates for the percentage of inmates with a severe mental illness range from 15% to 20%. As previously mentioned, the Los Angeles County Jail was described by its sheriff in 2005 as the largest mental hospital in the country. At the Cook County Jail in Illinois, about 1/3 of the incarcerated population has a mental illness. According to the mental healthcare supervisor at the Gwinett County Detention Center in Georgia, the closure of a nearby psychiatric hospital caused the number of mentally ill inmates to skyrocket. In Polk County, Florida, the jail has a mental health unit based on psychiatric hospitals and “immediately put[s] them back on medication because the vast majority of them – the overwhelming majority of them — have decompensated.” In the U.S. Virgin Islands, individuals who were found not guilty of a crime by reason of insanity – that is, who committed a crime but were determined not to be culpable due to a mental illness – are kept in the general prison population rather than being hospitalized. For that reason, the U.S. Virgin Islands has been involved in a class-action lawsuit, Carty v. Mapp, since 1994, one which shows no signs of being resolved.

These situations are exacerbated by the criminalization of symptoms and coping mechanisms of people with mental illnesses. Some people use illegal substances as a means of self-medication. Others steal food or break into buildings to find a place to sleep. Rather than investigating the reasons behind these crimes, people are incarcerated, sometimes medicated, and only occasionally given true mental health treatment. They are then released with no outside support or ways to continue accessing medications.

That is still entirely ignoring that prisons can cause mental health issues on their own. Solitary confinement, something that is widely used in American prisons, can cause or worsen symptoms of mental illness. Incarcerated people kept in solitary confinement are almost seven times as likely to harm themselves and more than six times as likely to “commit acts of potentially fatal self-harm” when compared to the general prison population.

Failures in the South

In 2017, a federal district court found that the Alabama Department of Corrections (ADOC) was providing “significantly inadequate care.” This decision came after years of litigation. The case, Braggs v. Dunn, is still ongoing almost ten years after it was first filed in 2014. Since then, little has changed in ADOC’s prisons.

An opinion given in the case mentioned Jamie Wallace and his testimony 36 times over 300 pages. Wallace was incarcerated in 2014 for the murder of his mother. He had been diagnosed with bipolar disorder and schizophrenia. He testified in December of 2016. He died of suicide ten days later while in a unit dedicated to severely mentally ill inmates. Five days prior to his suicide, a healthcare worker at the prison wrote that he was “using crisis cell/threats to get what he wants.”

Wallace was mentally ill. For that, he was punished by prison guards. He was disciplined twelve times for harming himself, six of which involved being subjected to solitary confinement. Solitary confinement is regularly criticized for being inhumane, and it is especially so for those with preexisting mental health issues. According to Solitary Watch, a non-profit dedicated to ending the overuse of solitary confinement, citing a 2014 study on the topic, “individuals placed in solitary confinement were 6.9 times more likely to commit acts of self-harm and 6.3 times more likely to commit acts of potentially fatal self-harm than people in the general population.” Adding that people with mental illnesses are more likely to harm themselves than people without paints a grim picture of what happens inside these walls.

After Wallace’s suicide, the court ordered an emergency plan to be made to prevent future suicides. That plan was too late for James David Johnson, who hung himself only a few days after Wallace.

The court also accused correctional workers of being ambivalent or actively encouraging suicide. “ADOC officers essentially called a prisoner’s bluff, and then that person attempted suicide.” During his testimony, Wallace said that a correctional officer handed him a razor blade and told him, “You want to kill yourself? Here you go. Use this.” The two parties in the case had previously settled over the issue of razor blades’ presence in crisis cells – the same kind of cell Wallace was able to hang himself in. This lack of awareness on the part of ADOC was only exacerbated by the chronic understaffing of mental health workers. In January of 2023, ADOC stopped reporting the number of deaths – both homicides and suicides – that occurred in its prisons.

In 2021, Disability Rights Mississippi, Mississippi’s federally mandated watchdog agency (protection & advocacy agency), filed suit against the Mississippi Department of Corrections due to severe mistreatment of numerous disabled inmates. One individual, who was described as having ADHD, OCD, and bipolar disorder, was refused access to his medications and, according to DRMS’s investigative report, “during suicide watch, recalls being told by a passing officer to go ahead and kill himself.” Another person with PTSD and bipolar disorder “needs… mood stabilizers. MDOC has yet to treat this offender.” The lawsuit itself, Wallace v. Mississippi Department of Corrections, reads, “DRMS has encountered many offenders who have attempted self-harm, which was ignored by MDOC staff. In some cases, the self-harm was encouraged by MDOC staff.”

Florence Supermax 

A short time after Braggs v. Dunn, another lawsuit was filed for similar reasons – this time against the supermax prison in Florence, Colorado, also called the ADX. Rodney Jones, who assisted in the early stages of the lawsuit and who was previously held in the ADX, told the New York Times in 2015 that a staff psychiatrist stopped the medication he took for his bipolar disorder because “We don’t give out feel-good drugs here.”

One of the plaintiffs in that lawsuit is Jack Powers. Powers was sent to the ADX after an escape attempt preempted by threats from members of the Aryan Brotherhood, some of whom he had testified against after witnessing the murder of a friend. All three men he testified against were being held at ADX Florence when Powers was transferred there. While incarcerated there, Powers “lost his mind.” He mutilated himself numerous times, including by removing his earlobes, chewing off one of his fingers, removing one of his testicles, and tattooing himself with a razor and black carbon paper dust.

A slightly elevated shot of Florence Supermax prison, a red brick building surrounded by short grass and hills.
Florence ADX Prison. Source: Yahoo Images

David Shelby was incarcerated for threatening President Bill Clinton after he “became convinced that God wanted him to free Charles Manson from prison.” While incarcerated, Shelby sliced off part of his finger and ate it. Herbert Perkins, another prisoner, attempted to cut his throat with a razor. After being treated, he was ordered to mop up the blood left in his cell – it had not been cleaned since he was taken to the hospital.

Conclusions 

American prisons often have inhumane conditions. Those issues are compounded even further when the inmates in question have a mental illness. Prisons are unprepared to serve as psychiatric institutions, nor have they, overall, attempted to change to do so. Even so, that is what they are doing. Between the lack of adequate treatment, the negative psychological effects being incarcerated can cause, and the lack of assistance from correctional workers, it should be no surprise that rates of self-harm, suicide, and mental illness in prisons are so high.

Courts take time to process cases. This is demonstrated by many of the cases mentioned; Carty v. Mapp has been ongoing for 30 years, Wyatt v. Stickney ended in 2003, 33 years after it was first filed, and Braggs v. Dunn, one of the more recent lawsuits mentioned, is over a decade old. This is by design. A longer trial gives more opportunity for both parties to adequately present cases and, in the cases of these lawsuits, make changes. Despite that necessity, something needs to change. Mentally ill people are suffering and dying in jails and in prisons. The correctional system will not change on its own; it takes outside pressure to change things, and lawsuits, the most effective means of creating this change, take decades to be resolved. Systemic changes need to be made to how these prisons function and the societal role they play.

 

Southern Prisons in the U.S.

by Abigail Shumate

Prisons, Historically

A quick Google search of “Alabama prison news now” will lead you to hundreds of articles detailing brutal and entirely unnecessary deaths of Alabama inmates. This is not exclusive to Alabama, it’s a trend you can find amongst most other southern states, including Georgia, North Carolina, and Louisiana. The UAB Institute for Human Rights already has several fantastic blog posts focusing on the injustices in Alabama prisons. Where this post differentiates from the others is in its focus on southern prisons as a whole, as well as worker’s rights within those prisons.

If you look at our country’s constitution, the 13th amendment states “neither slavery nor involuntary servitude, except as punishment for a crime whereof the party shall have been duty convicted, shall exist within the United States, or any place subject to their jurisdiction.” While this amendment, along with the 14th and 15th, expanded the rights of Black Americans, the italicized portion is a perfect display of how the rights of this population are frequently given with conditions. It’s easy to jump to the conclusion that this does not just affect Black Americans; however, it’s vital to note that this group is disproportionately incarcerated. For example, in the southern United States, Black Americans are five times more likely to be incarcerated in state prisons than their white counterparts. In states such as Alabama, Arkansas, Georgia, Mississippi, Florida, Louisiana, Texas, and North and South Carolina, African Americans make up 38% of the population, but 67% of the incarcerated population.

Photo of a beige building with high walls, at the top of the walls are fences with barbed wire.
Photo of a beige building with high walls, at the top of the walls are fences with barbed wire. Source: Flickr

 

Within the Walls

Southern prisons and jails are notorious for being some of the worst in the country, with excessive violence and incredibly poor conditions. Southern prisons are grossly understaffed, and this leads to the intense mistreatment of incarcerated individuals. One example of this is this uncurbed time in solitary confinement. In Alabama, individuals can be placed in solitary confinement for “weeks or months at a time”, and because of understaffing they are denied their basic rights, such as showering. The overuse of solitary confinement is not uncommon in southern jails and prisons, and Black people deal with the brunt of this. Incarcerated Black individuals are eight times as likely to be put in solitary confinement and ten times more likely to be held in solitary confinement for excessive periods of time. Solitary confinement has intense physical and mental implications, and it can cause lasting damage to individuals kept alone for extended periods of time. The suicide rate for individuals kept in solitary confinement is needlessly high; in Georgia, for example, there were nine deaths by suicide from just February to April 2022. Similar to the usage of solitary confinement, in South Carolina there have been multiple extended lockdown periods, both before and during the pandemic. These extended lockdowns are the result of staffing shortages, which is a common theme in many southern prisons. One individual in a North Carolina Prison was forced to spend nine years in solitary confinement, and after their release they stated, “I feel like I am losing touch with reality…I feel helpless and abandoned, which makes me angry.”

Photo of a prison from within a cell. The walls, bars, and floors are various shades of beige.
Photo of a prison from within a cell. The walls, bars, and floors are various shades of beige. Source: Flickr

While the prison system exposes people to uncountable horrors, one that has intense financial consequences is the extensive use of unpaid or underpaid labor. Worker’s rights laws in the United States don’t apply to those who are incarcerated—incarcerated workers have no right to form unions either, so they are unable to fight for improved conditions or pay. For most jobs, Alabama, Georgia, Florida, and more pay nothing for the labor, and if they do pay, it’s only cents per hour. Legally, incarcerated individuals can earn five cents a day. Turning the focus back to Black Americans, many are forced into work that can easily trigger generational trauma—required to work in fields, picking fruit and cotton (further reading on this can be found in the works of Dr. Joy DeGruy). The low wages combined with the undesirable jobs could incentive states to keep people imprisoned and working, so that they are better able to profit from of the tangible goods that incarcerated individuals are producing. Portions of payment are fed back into the state, or into the companies that are leasing the incarcerated.

Photo of a green field with rows of crops. There are large, brown trees in the background.
Photo of a green field with rows of crops. There are large, brown trees in the background. Source: Flickr

Permanent Impacts

The financial detriment that is forced on the imprisoned is not limited to their time in jail. Ex-convicts are treated as second-class citizens, and they often have an incredibly hard time getting jobs after their time in the prison system. At least 27% of formerly incarcerated people are unemployed—which is all the more shocking when you learn this rate is higher than the unemployment rate during the Great Depression. As a reminder, the unemployment rate only includes people who are actively looking for work, so this reinforces how challenging it is for previously incarcerated individuals to support themselves after returning to the general public. This difficulty perpetuates a cycle that can be hard to break—without employment, individuals must deal with less stability and surety, and this can result in them returning to prison or jail.

Impoverished individuals are more likely to commit crimes, and, unfortunately, the jobs that are open for previously incarcerated individuals often leave them below the poverty line. This claim is not unaffected by race, as white men are the most likely to be employed full-time after imprisonment, and Black women are least likely to be employed full-time. This relates back up to previous discussion in the post, and incarceration heavily impacts minority races, and it affects them much more after their time in prison.

Conclusion

The Southern incarceration system presents challenges that can seem insurmountable; however, with appropriate attention and legislative power, positive change can be made for both current inmates and those who were previously incarcerated. One effective measure that can be taken is to Ban the Box. The Ban the Box Campaign advocates for the removal of the question “Have you ever been convicted?” from job applications, housing applications, and more. This limits employers’ and loan distributors’ ability to discriminate against individuals when making hiring or other decisions.

There are also major structural changes that need to be made, including increasing pay for prison labor, improving living conditions within prisons, and limiting the time given in solitary confinement. It is important to recognize that incarcerated individuals are people too, and that they deserve the same rights awarded to everyone in the Constitution.

 

The State of Gun Violence in the United States

by Caitlin Cerillo

An image that depicts a person holding a gun. Three angles of the world are shown next to it with a red circle over the United States. This depicts gun violence as a serious issue in the United States.
An image that depicts a person holding a gun. Three angles of the world are shown next to it with a red circle over the United States. This depicts gun violence as a serious issue in the United States. Source: Yahoo Images

Gun violence has always posed a serious threat in the United States. Gun violence can come in many forms, such as homicides, suicides, accidental shootings, mass shootings, and more. It is important to notice that this blog will be about gun violence in the context of the United States. Recent decades have seen a significant spike in acts of gun violence, particularly mass shootings. Although a universally agreed-upon definition of what exactly constitutes a mass shooting does not exist, it generally entails around a minimum of four individuals being shot and/or killed. This does not have to include the perpetrator.

According to the Gun Violence Archive, well over 600 mass shootings occurred in 2023 alone. These shootings result in the lives of innocent individuals being taken, as they can occur in a wide range of places. These include places of worship (like synagogues and churches), concerts, movie theaters, grocery stores, educational institutions, parades, sports events, and more. Just six years ago, the deadliest mass shooting in United States history occurred at a country music festival in Las Vegas. This resulted in the death of 60 people and over 400 injured.

While I have not been directly affected by a mass shooting, I vividly remember hearing about mass shootings in schools since I was in elementary school. The first one was the shooting that occurred at Sandy Hook Elementary School in Newtown, Connecticut, in 2012. A few days after the shooting, I remember my fourth-grade teacher speaking to us about the precautions our class would have to take in the event we were to encounter an active shooter in our school. In 2018, the Marjorie Stoneman Douglas High School shooting occurred when I was in 10th grade. I remember being afraid to go to school the next day. Since then, mass shootings have continued to happen each day, where innocent lives have been taken. People should not have to fear going to school, practicing in places of worship, seeing a movie in a theater, attending their favorite artists’ shows, or going to the grocery store. They should not have to plan places to hide in the event of an active shooter. This poses a number of important questions: Why is gun violence, specifically mass shootings, such a huge problem in the United States? What does this mean for United States citizens’ safety? What can be done and has been done to prevent these acts of terror?

The U.S. in Relation to Other Developed Countries

The context of mass shootings in relation to other countries is important to take into consideration when understanding the significance of this issue. In comparison to other developed countries, which are defined as states with a high Human Development Index (HDI), the United States surpasses all of them regarding the occurrence of mass shootings. According to data retrieved by Jason R. Silva from William Paterson University, “the US is the only developed country where mass shootings have happened every single year for the past 20 years.” Silva is an assistant professor in Sociology and Criminal Justice with a Ph.D. in Criminal Justice. He specializes in the area of mass shootings, media and its relation to crime, and violence in educational institutions. To find his data, Silva uses the same general definition of mass shootings mentioned earlier in this article: a minimum of four individuals either shot or injured, not including the shooter.

One of the leading causes of the United States’ high rates of mass shootings compared to other countries could be the relaxed gun laws and policies—or lack thereof. Gun control has become a heated topic of discussion among United States citizens, and the debate regarding its effectiveness has gained traction due to the heightened occurrences of mass shootings. Gun control can come in many forms, like the outright ban of specific gun models like the AR-15 and other assault-style weapons, the implementation of universal background checks, safe storage laws, or stronger requirements for those who want to purchase guns. Gun control does not necessarily mean that all guns will be eradicated from the country, which is a popular assumption among opponents of gun control.

Opponents of gun control and regulation also argue that it would violate the Second Amendment of the Constitution, which guarantees the “right to bear arms.” The Second Amendment possesses some relevant historical context, as it was originally intended to grant United States citizens the Constitutional right to form “a well-regulated militia” to protect their communities during the Revolutionary War. However, the context of society has changed. These state militias—while still existing in some states—do not serve the same purpose they did centuries ago. Proponents, on the other hand, assert that the protection of the Second Amendment comes at the cost of protecting people from senseless acts of gun violence.

A group of demonstrators at a March for Our Lives rally advocating for gun reform in June 2022.
A group of demonstrators at a March for Our Lives rally advocating for gun reform in June 2022. Source: Yahoo Images

The Role of Gun Culture

United States gun culture can also be a contributing factor to the nation’s ever-growing rise in mass shootings and gun violence. “Gun culture” refers to the specific attitudes, beliefs, behaviors, and feelings that society (or any social group) possesses regarding firearms. The term was first coined by Richard Hofstadter in 1970, who published an article titled “America (United States) as a Gun Culture,” which critiqued the country’s normalization and glorification of guns. This article was far ahead of its time, and I recommend giving it a read if you’re interested in learning more about the history of the United States’ gun culture.

In the article, Hofstadter talks about the historical context of the United States’ fascination with guns. It began as early as the Revolutionary War when the Pennsylvania rifle was used by British troops. Since then, guns have become integrated into everyday life, from hunting for food to entertainment and sport. Even in modern popular culture, the depiction of guns is typically associated with famous characters like James Bond, John Wick, and “Maverick” from Top Gun. Toy guns are constantly advertised to young children—particularly young boys—as a way to establish their “masculinity.” Additionally, video games glamorizing gun violence have amassed popularity among young people. While these examples are not the sole reason gun violence has taken a toll on the country, it’s important to note their contribution to the overall gun culture in the United States.

Last semester, I took a course on Human Rights taught by Dr. Greenstein, an assistant professor in UAB’s department of Political Science and Public Administration. We had the option to create a project pertaining to any topic regarding human rights. As the issue of gun violence is a direct violation of human rights in a multitude of ways, I chose to create a photo collage depicting the sensationalizing of firearms. I intentionally used one method of finding photos for the collage to further drive the point that gun sensationalism is extremely prevalent. To no surprise, all I had to do was walk into Walmart, where I found a whole section of firearm magazines. Each of the magazines portrayed the firearms in ways that one may find appealing, with eye-catching text, edited graphics, depictions of guns with the United States flag, and more. This shows that the sale of firearms is a lucrative business, willing to draw anyone into purchasing them.

This image depicts a photo collage made from magazine clippings. "GUNS" in big, yellow letters appear along with numerous photos of firearms.
The collage I created for a Human Rights course I took last semester shows the heavy marketing perpetuated by the gun industry. This contributes to the spread of gun culture. Source: Caitlin Cerillo

Through these examples, it can be seen why guns are normalized in our country and how they can influence the number of devastating acts caused by firearms. For this reason, steps should be taken to diminish its weight. An article by the National Library of Medicine that echoes this same sentiment urges pushing a narrative that “frames gun violence as a public health issue that has consequences on the health of the general population.” The article also mentions the importance of public advocacy through movements such as March for Our Lives, which was founded in the wake of the 2018 school shooting at Marjorie Stoneman Douglas in Parkland, Florida. March for Our Lives has advocated for the end of gun violence through protests, marches, public demonstrations, and more.

Progress in Tackling Gun Violence 

While gun violence and the epidemic of mass shootings in the United States continue to be a huge problem, positive strides have been made to reduce it. September 2023 saw the country’s first Office of Gun Violence Prevention, established by the Biden administration. In October 2021, the Bipartisan Safer Communities Act was proposed, and by June 2022, it was signed into law by President Biden. The act aims to prevent gun violence by:

1) Offering mental health resources and guidance to state governments and schools so that mental health services are available in educational settings.

2) Implementing new gun control laws like extended background checks, implementing stricter punishments for the traffic of illegal firearms, etc.

3) Preventing funds from being used improperly and towards the provision of firearms and dangerous weapons.

President Joe Biden announced the Office of Gun Violence Prevention in September 2023, alongside Florida Congressman Maxwell Frost and Vice President Kamala Harris.
President Joe Biden announcing the Office of Gun Violence Prevention in September 2023, alongside Florida Congressman Maxwell Frost and Vice President Kamala Harris. Source: Yahoo Images

Through the establishment of the Office of Gun Violence Prevention, the Biden administration hopes to expand upon the progress made towards preventing gun violence, like the passing of the Bipartisan Safer Communities Act. As of January 25, 2024, the Biden administration has announced new initiatives to promote the safe storage of firearms. Jill Biden and Education Secretary Miguel Cardona have worked together to spread awareness about how important safe storage is, especially because most firearms—approximately 76%—used in school shootings are acquired from the shooter’s home.

Modern American Slavery: Forced Prison Labor

by James DeLano

Historical Slavery in the United States 

Slavery was abolished in the United States in 1865 with the ratification of the 13th Amendment. The amendment reads, “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.” 

At least, that is what I was taught in high school: slavery ended in 1865 with the 13th Amendment. What was not taught was the century and a half of forced labor since then, predicated on an intentional loophole in the 13th Amendment. Activists were active in their denouncement of and work towards ending this system over a century ago, and not much has changed since. 

That loophole was not the only way slavery persisted. Chattel slavery, slavery as it existed in the South prior to 1865, existed in the United States until at least 1963. Mae Louise Walls Miller grew up in rural Louisiana, where she and her family were enslaved. They were freed in 1963, when she was only 14 years old. Her family, possibly the last chattel slaves in the United States, were freed after President Biden graduated high school. This was not an isolated instance; this form of slavery existed in scattered patches across the rural South for decades after the end of the Civil War. 

In this post, I will illustrate how forced prison labor continues to maintain slavery in the United States.The convict leasing system, where people convicted of crimes are “leased” to companies to perform hard labor, started in Alabama in 1846, and their prevalence exploded after the 13th Amendment abolished what was previously the most common form of forced labor. This system was incredibly dangerous; in 1874, a typical death rate was one-third of people working on railroads. A contemporary prison official said that “if tombstones were erected over the graves of all the convicts who fell either by the bullet of the overseer or his guards during the construction of one of the railroads, it would be one continuous graveyard from one end to the other.” Elsewhere, between 1888 and 1896, over 400 people died of tuberculosis contracted while working in Sloss Steel and Iron Company mines. 

Many of those arrested and convicted during this system were sentenced under questionable circumstances. One common situation was being arrested for riding a train without a ticket “by a man who is paid $2 for every person he arrests upon that charge.” After accounting for inflation, $2 in 1907 would be worth over $65 today.

Convicts being forced to work under a convict leasing program in Florida. Source: Yahoo Images
Convicts being forced to work under a convict leasing program in Florida. Source: Yahoo Images

 

Between 1880 and 1900, this system profited over $1,134,107 in saved labor costs, which would be worth nearly $40,000,000 today. It profited $1,322,279 between 1900 and 1906. Alabama banned this method of forced labor in 1928.

Modern American Slavery 

The United States has maintained both the highest incarceration rate of any country in the world and the highest prison population for several years. Two-thirds of inmates in American prisons are also workers in both private-sector and public-sector jobs. Alabama convicts on work-release programs are allegedly paid just over $2 per day.

 

Alabama did not stop using forced prison labor in 1928. A lawsuit was filed in December 2023 alleging gross mistreatment, violations of both the United States and Alabama Constitutions, and instances of retaliation against a convict on work-release due to reporting of sexual harassment. It alleges dangerous working conditions; in August, two convicts were killed while working as part of a road crew. It alleges the intentional violation of parole guidelines in order to continue the system of forced labor as it currently exists in prisons. It also repeats accusations of negligence in regard to healthcare. Antonio Arez Smith was released last year in “excruciating pain” due to untreated cancer. He died four days after his release. The Alabama Department of Corrections (ADOC) stopped releasing inmate death statistics in October after years of increasing rates. 

According to the American Civil Liberties Union (ACLU), 64% of incarcerated people being forced to work felt unsafe while doing so, and 70% did not receive job training. None of what I have mentioned above is considered enough of a crime to warrant consequences. 

Workers’ protections do not apply to incarcerated people, including minimum wage laws, unionization, and any assurance of workplace safety. None of this should be surprising knowing the text of the 13th Amendment; incarceration is explicitly listed as an exception to the abolishment of slavery, and slaves are not permitted rights. 

A black incarcerated woman sewing with a Department of Corrections label behind her. Source: Yahoo Images
A black incarcerated woman sewing with a Department of Corrections label behind her. Source: Yahoo Images

This form of forced labor is ubiquitous. The lawsuit previously mentioned lists as defendants companies that have become household names: McDonald’s and the parent companies of Wendy’s, KFC, and Burger King. Elsewhere, well-known companies use prison labor as a cost-cutting measure: Amazon, AT&T, Home Depot, FedEx, Lockheed-Martin, and Coca-Cola, as well as thousands more nationwide. 

The Alabama Department of Corrections reported generating over $48,000,000 in 2021, and received hundreds of millions of dollars more from other sources. Most of that was directly appropriated from the state, but it also included federal funding intended for COVID relief. The total sum diverted into the Department of Corrections was $400,000,000, or about one-fifth of the total relief funds. The Treasury Department describes the funds as “support[ing] families and businesses struggling with [the pandemic’s] public health and economic impacts.” Instead of spending it on struggling Alabamians and small Alabama businesses, the state spent its funds on building new prisons despite us already having one of the highest incarceration rates in the country. 

What is Being Done 

The Alabama Department of Corrections is involved in several lawsuits related to alleged misconduct. The aforementioned lawsuit, Council v. Ivey, has a hearing scheduled for February 8th. ADOC is involved in several other lawsuits and has been for decades; Braggs v. Dunn was filed in late 2014 over neglect and remains unresolved, as does a Department of Justice lawsuit filed in late 2020 over critical understaffing. The new Alabama constitution, voted on in 2022, changed the text’s phrasing of its prohibition of slavery. Prior to that vote, it read, “no form of slavery shall exist in this State; and there shall not be any involuntary servitude, otherwise than for the punishment of crime, of which the party shall have been duly convicted.” The equivalent section now reads “That no form of slavery shall exist in this state; and there shall not be any involuntary servitude.” In addition, Congresswoman Nikema Williams and Senators Jeff Merkley and Cory Booker have proposed the federal “Abolition Amendment,” intended to close the prison labor loophole. 

Nationally, prison reform is a coordinated movement. Numerous organizations focusing on prison reform generally also have efforts in place to reform or abolish forced prison labor. I have used sources from the Equal Justice Initiative and the American Civil Liberties Union in this piece. The lawsuits mentioned were filed by current and former Alabama inmates, the Southern Poverty Law Center and Alabama Disability Advocacy Program, and the U.S. Department of Justice. Of those, only Council v. Ivey directly addresses forced labor; the others work towards improving prison conditions more broadly but still contribute to the common goal of reforming prisons.

The Politicization of Immigration and the Notion of Invasion: Human Rights Violations on the US-Mexico Border

 

by Lexie Woolums

Trigger Warning: This post discusses immigration, including physical barriers for migrants. The article includes a discussion of some drownings and other instances of death.

 

Broadly speaking, migration is not a new concept. The United States was built by people who were not from here, including people who were forced to come here through enslavement and others who were violently moved against their will through the relocation of indigenous peoples on the Trail of Tears. There have been different waves of immigration, where different crises from around the world prompted people to come to the United States seeking better opportunities.

For example, from 1845 to 1855, around 1.5 million Irish people settled in the United States due to potato blight combined with Britain’s colonial control that forced available crops to be exported out of Ireland. More recently, the US has admitted nearly 300,000 Ukrainians since Russia invaded Ukraine in February 2022. There are many more examples of this, from Italian immigrants moving to the US in search of economic opportunities around the turn of the twentieth century to the influx of Puerto Rican immigrants after World War II due to economic depression in Puerto Rico, cheaper air travel, and job opportunities in the US.

A black and white photo of men wearing clothing from the early 1900s. The men are carrying suit cases and standing in a line at Ellis Island after arriving in the US.
Figure 1: Immigrants at Ellis Island c. 1900, Source: Yahoo Images

It’s no secret that not all migrants are treated the same—a concept that Danah Dibb previously wrote about on the blog. Additionally, my colleague, Kala Bhattar, wrote an article that discusses two specific scenarios that effectively demonstrate how politicized immigration has become in the US—one with Governor Greg Abbott of Texas sending busloads of migrants to Vice President Harris’s neighborhood and one with Governor Ron Desantis of Florida sending planeloads of migrants to Martha’s Vineyard in Massachusetts—scenarios that in any other context would be considered human trafficking.

 

Politicization of Immigration in the US

According to a 2023 Gallup poll, the percentage of people who want immigration to decrease peaked in the mid-nineties with 65 percent of Americans against immigration. In a near all-time low, this number was 31 percent in 2018. Today, that percentage lies around 41 percent—an increase from 2018 but much lower than it was at its peak and still a minority of the polled population.

For much of the 1990s, both major political parties shared similar views on immigration (though they may have disagreed on the way to do things), but that started to change around 2006 and has become much wider today. Today a Democrat is twice as likely to share the view that immigrants strengthen the economy compared to a Republican.

Various presidencies have highlighted different aspects of immigration in the United States, but it has become a topic that is far more divisive in the wake of the Trump Administration. Former President Trump’s stance on immigration was well-known and relatively simple—build a wall to prevent illegal immigration. He favored a policy of “busing and dumping” immigrants to states that had pro-immigration policies; additionally, he also made comments about securing the border from “rapists and criminals” despite the fact that first-generation immigrants are predisposed to lower crime rates than native-born Americans. Throughout his presidency, Donald Trump became known to make off-the-cuff remarks—especially about immigration—that were frequently called out for being racist and xenophobic.

As the President of a free country that is as powerful as the United States, having views like this stirred uneasiness across the United States, especially among minority populations. This rhetoric of invasion is not new, but it does fuel extremism and racism.

 

Operation Lone Star

Republican Governor Greg Abbott of Texas launched Operation Lone Star in March 2021, shortly after President Biden took office. Governor Abbot has sent state troopers and members of the National Guard to the US-Mexico border as a part of the operation. Additionally, the Rio Grande River has been lined with various obstacles, from shipping containers to concertina wire. This is all under what is known as Operation Lone Star, which is a multibillion-dollar operation to mitigate illegal immigration and smuggling at the US-Mexico border. According to the Operation Lone Star website, the agency fills in the Biden Administration’s “dangerous gaps [due to its] refusal to secure the border.” It also regularly buses migrants to sanctuary cities.

Governor Abbott has coined the situation at the US-Mexico Border an “invasion,” which he claims allows him to invoke the invasion clauses in the Texas and US Constitutions. Through this rationale, he has the authority to defend the border through his own policies, even though immigration policy has been under the jurisdiction of the federal government since the 2012 landmark case of United States v Arizona. Human rights advocates have warned of the danger of referring to the border as an invasion since most migrants are seeking to claim refugee legal status and are not attacking the United States in any sense. University of Texas law professor Barabara Hines called this notion of invasion “unprecedented and extreme.” Additionally, Operation Lone Star is under investigation by the Department of Justice to determine if it violates the Civil Rights Act of 1964. More specifically, the department is investigating if the state agency is subjecting individuals to “differential and unlawful conditions of confinement based on their perceived or actual race or national origin.”

Four men in military uniforms stand with another man wearing a maroon button down.
Figure 2: Members of the Texas Military Forces pose for a picture with representatives of the Remote Area Medical Foundation, Source: Yahoo Images

The Rio Grande River serves as a natural boundary between the United States and Mexico. Over the summer, national attention was brought to Texas when Governor Abbott announced that the agency would be implementing a 1,000-foot-long string of buoys with serrated blades in between them, with a mesh net that would connect them to below the surface. More specifically, the Texan government stated that they were installing the “new floating marine barriers along the Rio Grande River in Eagle Pass” in an effort to “help deter illegal immigrants attempting to make the dangerous river crossing into Texas.”

 

Human Rights Concerns

According to the Texas Department of Security, there has been at least one body found caught on the Southern side of the buoys, but they claimed that this body was initially upstream of the floating device and floated into it. Later, the body of a 20-year-old Honduran man was recovered, but it was reportedly upstream of the floating device.

Human rights groups have criticized the floatation device with concerns about humanitarian hazards such as migrants becoming caught in the device or drowning due to its placement. Even without the floatation buoy, crossing the border is extremely dangerous. Even before this barrier was implemented, migrant deaths on the US-Mexico border have hit an all-time high. In the 2022 fiscal year alone, over 800 migrants died trying to cross the US-Mexico border, largely from drownings. This stretch of the border is so dangerous that the United Nations migration agency declared the US-Mexico border as the deadliest land border in the world.

Beyond the buoys, numerous reported human rights concerns with Customs and Border Protection (CBP) exist. According to a 2023 report by WOLA, the Washington Office on Latin America, migrants are frequently treated poorly by CBP, which is the largest law enforcement agency in the US. One of the cases in the report is about an 8-year-old Panamanian girl named Anadith Danay Reyes Alvarez, who died in custody of CBP because she was denied a critical heart medication. Specifically, the report notes that this death was preventable.

Engraved sign on a concrete building that reads " U.S. Customs and Border Protection."
Figure 3: US Customs and Border Patrol Building in Washington, DC, Source: Yahoo Images

Another issue is that accountability for CBP officers is extremely rare. The same report states, “Most of the cases … would have gone completely unknown without reporting from victims and those, outside of government, who accompany them. That such abuses are happening so frequently at CBP and Border Patrol indicates that the Department of Homeland Security’s (DHS) accountability system has done little to dissuade or disincentivize them.” A 2023 study found that 95 percent of complaints from 2010-2022 did not have a proper investigation.

In addition to the numerous reported concerns of CBP abuses, CBP followed a Congressional policy change in September 2021, which means that the agency only reports the deaths of people who died while in CBP custody. Though this change may not necessarily be bad, it is concerning when there are reports of CBP officers lying to migrants about where to go since this puts them at a higher risk of sickness or death that would not be counted in the CBP reports under the new policy (if the person is no longer in CBP custody when they die).

The US CBP came out with a policy known as “prevention through deterrence” in 1994. This policy sought to block popular crossing spots and push migrants into the dangerous areas of the sea and river crossings.  In theory, this would show migrants how dangerous the crossing is so that if they are caught and sent back (which often happens when migrants cross illegally), they would not attempt to cross again. However, it is no secret that this strategy is not effective in reducing the number of crossings. According to an article by the London School of Economics, this approach has not been effective in limiting the number of migrants seeking to enter the US but has increased the number of fatalities.

A view of a bluish green river stretching through the desert. Mountains are present in the background. The shore of the river is mostly sand, with some short green shrubbery present.
Figure 4: A Portion of The Rio Grande River in Texas. Source: Yahoo Images

Additionally, the American Civil Liberties Union (ACLU) has condemned Operation Lone Star’s instructions for Texas officials to push young children and nursing mothers back into the Rio Grande. According to the article, Texas uses harmful techniques like razor wire, even after children have been injured and one woman miscarried while stuck in the wire.

Sarah Mehta, ACLU senior border policy counsel, stated, “Texas must immediately stop intentionally endangering the lives of migrants seeking protection at the border. The federal government must also act by investigating these damning allegations and by the Department of Homeland Security decisively ending its own collusion with Operation Lone Star, which has facilitated and encouraged Texas’s expansion of a proven human and civil rights disaster.”

 

Federal Response

The Biden Administration has criticized this, citing the Rivers and Harbors Appropriation Act of 1899, which prevents the “creation of any obstruction not affirmatively authorized by Congress, to the navigable capacity of any of the waters of the United States.” This act gives the Army Corps of Engineers authority to regulate all navigable waters through permitting. The federal lawsuit against Texas also alleges they did not get a permit from the Army Corps of Engineers before placing the barrier on the river.

The federal government initially asked Texas officials to remove the barriers. Governor Abbott replied in a letter that stated, “Texas will see you in court, Mr. President,” implying that Texas would not remove the buoys without legal action. Subsequently, the Department of Justice sued Texas and asked a judge to make Texas remove the buoys.

US-Mexico border coordinator Hillary Quam expressed concern in an affidavit that accompanied the request to a federal judge to have the barriers removed: “If the barrier is not removed expeditiously, its presence will have an adverse impact on U.S. foreign policy, including our relationship with the government of Mexico.”

The request of the federal government was granted by Federal District Judge David A. Ezra, who ruled that Texas must remove the floating barriers. Legally speaking, he issued a preliminary injunction, which preserves the status quo until final judgment (the final ruling of the court). In essence, this meant that the buoys would need to be removed until the case reached its final court decision. Ezra stated the following in the discussion: “Governor Abbott announced that he was not ‘asking for permission’ for Operation Lone Star, the anti-immigration program under which Texas constructed the floating barrier. Unfortunately for Texas, permission is exactly what federal law requires before installing obstructions in the nation’s navigable waters.”

Governor Abbott’s office appealed this ruling, stating that Texas “is prepared to take this fight all the way to the Supreme Court.” The federal appeals court granted the request to halt the temporary injunction, but a hearing date has not been set, so the floating barrier remains in the Rio Grande until a further decision is made.

 

Mexican Response

The Mexican government has criticized the placement of these buoys, claiming that the placement is a violation of their sovereignty. More specifically, they have referenced that the presence of these buoys violates the Mexican Water Treaty of 1944.

Regarding the bodies, the Mexican government issued the following statement: “We express our concern about the impact on the human rights and personal safety of migrants that these state policies will have, which run counter to the close collaboration between our country and the federal government of the United States.”

A spokesperson for Governor Abbott claimed that the Mexican government was “flat-out wrong,” stating that neither body was attempting to cross the floating barriers.

 

Conclusion

It has been over 40 years since Congress reformed the US immigration system. According to the Center for American Progress, putting undocumented immigrants on a path to citizenship would increase the US GDP by $1.7 trillion over the next decade. According to the Pew Research Center, immigrant families are expected to comprise 88 percent of the US population growth through 2065. To say that reform is necessary is an understatement.

As I mentioned at the start of this article, migration is not a new concept. Unfortunately, it has been used as a political pawn in many ways. From the rhetoric of dangerous crime to the mentality that immigrants “take all the jobs,” misunderstanding has been weaponized against groups of people for a long time, and that likely will not change until we learn to be more compassionate and think of better solutions for our broken immigration system.

A group of protesters standing with a large red sign. The sign reads "New Yorkers for Real Immigration Reform." Underneath, it says "Citizenship Now! Keep Families Together! Protect Workers! Safeguard Civil Rights!"
Figure 5: Protesters in New York City. Source: Yahoo Images.

Additionally, it is important to be critical of political officials who weaponize differences and prey on misunderstanding to further their own political agenda. To label such a diverse group as one negative thing that threatens the authority and safety of the United States is not only racist and xenophobic, but it undermines the value of the diverse groups of people who built this country (including the people who were forced to migrate to and build this country, whose impact often goes unrecognized even today). This portrayal minimizes the value of people with diverse experiences and limits the discussion of how crucial immigrants have been and continue to be in the US.

It is also imperative to recognize how slavery, forced assimilation, and genocide have both formed the social hierarchy we have today and continue to perpetuate racism, especially in the context of immigration. If you have not heard of the concept of “passport privilege” (including simply having a passport) or the connotative distinction between the words immigrant and expatriate or expat (not just their dictionary definitions), I highly recommend learning these concepts. It is important to examine where you fit within them, and which preconceived (perhaps racist) notions you might carry about a person based on job, skin color, accent, religion, or anything else.

Society will not change unless individual people change, so even if there is limited direct political action to take as of right now, there is still a lot of room to grow your understanding of these concepts so that racist institutions can be better understood and effectively dismantled.

The Indigenous Justice System: Over-incarceration of Indigenous People and the Need for Cultural Humility

by Eva Pechtl

To better understand the value of culturally centered practices in Indigenous justice, I encourage you to read my previous blog, “History of Limitations and Restorative Justice.” In this blog, I will be highlighting the resulting statistics on the overrepresentation of Indigenous people in prisons. Then, utilizing reports from several justice-oriented organizations, I will summarize how professionals from Indigenous communities conclude problems and solutions that need to be addressed to neutralize these disparities in the Indigenous criminal justice system. 

 

Serious complaints arose around a decade ago about the food quality of the catering hired by the provincial Saskatchewan government.
An image of a man in adult provincial custody in Saskatchewan, Canada, looking out of his cell with his arms between the cell bars. The data on the overrepresentation index for Indigenous people in 2020/2021 was highest in Saskatchewan at 17.7 times higher than the non-Indigenous incarcerated population (Statistics Canada, 2023). Image Source: Don Healy/Regina Leader-Post via Yahoo Images

 

Visualizing the Statistics 

Indigenous people are overrepresented in the criminal justice system across several countries, including the United States, Canada, and Australia. Extensive research has been conducted by human rights organizations around the world, but collecting accurate data on Native populations in the United States has proven difficult. The visibility of crime has come a long way since the Not Invisible Act of 2019 was signed into law in 2020 to increase information sharing and track cases of the Missing and Murdered Indigenous People (MMIP) crisis. However, data on Indigenous populations is still flawed in some ways. According to the Prison Policy Initiative (PPI) and a report by the Safety and Justice Challenge (SJC), categorizing people by a single race can wrongfully categorize people who identify with more than one race. The data that does exist is inconsistently labeled, meaning it could refer to Native people as Indian, American Indian-Alaska Native, Latino, or other. The number of incarcerated Indigenous people depends on how they are counted, and this generally underreports and, therefore, overlooks Native people in the system.  

According to the PPI, the data shows that Indigenous people are incarcerated in federal and state prisons at over four times the rate of white people. In the state prison systems of Alaska, South Dakota, Montana, North Dakota, Wyoming, and Utah, Indigenous people are highly overrepresented relative to the states’ Indigenous populations. The SJC report shows that in Montana, the Indigenous population is 7% but closer to 30% of the prison population. In South Dakota, Indigenous people convicted for aggravated assault received sentences 62% longer on average than any other racial group. 

 

Jurisdiction’s Impact 

Over-incarceration of Native Americans published by the SJC highlights complicated jurisdiction as a player toward overrepresentation. According to Indigenous experiences documented in the report, it is common for single crimes to be charged in more than one jurisdiction because of multiple police agencies patrolling reservation lands. Defendants may then face multiple charges with different requirements, which often results in punishment for failing to understand and/or follow those requirements. This is especially true for youth caught up in technical violations of probation or status offenses. 

A document titled Juvenile Justice, created by the National Congress of American Indians, speaks to the challenges of Indigenous youth in the justice system. Native youth are more likely to be subjected to the federal system and to be tried as adults, especially for drug-related crimes, leaving them with longer and harsher sentences.  

In Baytown, Texas, Olivia B. was arrested for a fight, expelled from her high school, and charged as an adult in court.
An image of a young girl being addressed by a judge in court beside her mother. The court proceedings for her misdemeanors, being charged as an adult, made it difficult for her to find employment and delayed her career goals of becoming a Psychologist (Open Society Foundations). Image Source: Michael Stravado/Redux via Yahoo Images

The federal system is not built for children, and sentencing often limits opportunities for diversion, parole, or services helpful in juvenile cases. Even if certain courts offer other options, youth are too often left with no support. Due to overlapping jurisdiction, professionals tend to assume that Indigenous youth will always be someone else’s responsibility. However, Tribal governments are often not informed when their youth interact with the state juvenile justice systems, and this prevents tribes from supporting reintegration and rehabilitation before, during, and after contact with the system. 

On the other hand, when Native children experience a culturally rooted court system like those of tribal courts and jails, they can have a better chance of receiving constructive intervention and support. For example, the Cherokee Talking Circle integrates Keetoowah-Cherokee cultural values that target substance use among youth. According to the Juvenile Justice document, researchers found that non-cultural education programs were significantly less effective in reducing juvenile delinquency compared to CTC. The Choctaw culture includes the practice of Immannumpuli, where an uncle or tribal court employee will educate youth offenders about the Choctaw justice system and talk to them about their life choices. Increasing collaboration between federal and tribal justice agencies to encourage US Attorneys to deter offenders to tribal court would be extremely beneficial for Native youth. 

 

Causes and Solutions 

The criminal justice system ultimately reflects an overreliance on locking people up, specifically Indigenous people, rather than offering services to rehabilitate offenders. Data from the Bureau of Justice Statistics displayed that in Indigenous areas specifically, the creation of more jails resulted in a direct increase in incarceration rates instead of being a remedy for overcrowding. As expected, the jail expansion also led to longer stays for both pretrial detention and actual sentencing.  

Especially in Indigenous communities, incarceration has harmful effects on health, as jails are not prepared to navigate chronic illnesses and are commonly dangerous environments. Incarceration is harmful to maintaining or finding employment, and this causes more poverty and debt among Indigenous individuals. Currently, because of high incarceration rates and a lack of restorative methods, many Indigenous people will be returning to their communities with significant challenges. Assisted reintegration is vital to the healing process needed after incarceration. 

The SJC report recognizes the long history of forced confinement of Indigenous people as a contributor to systemic inequities faced today. In the past and still today, disparities in justice are falsely attributed to the characteristics of Indigenous people rather than the more real factors of complex jurisdiction, deficiency of representation in court, racism, or violence. This is why legal professionals must consider the historical context of Indigenous trauma when analyzing current inequities.  

According to the SJC report, Tribal leaders have called for culturally relative alternative sentencing options that look to the roots of the crime problem. 15-16% of people in tribal jails were held for public intoxication or drug-related offenses, leading the Indian Law and Order Commission to state that drug abuse was a contributor to almost all crimes in Indian communities. Considering the serious financial and health effects of drugs, any efforts to prevent crime and recidivism would absolutely need to address substance use problems. 

Cultural Humility 

A reporter hears the story of an Indigenous man for the Intercontinental Cry report.
An image of a reporter listening to an Indigenous man, centering their focus on under-reported stories concerning Indigenous human rights. Image Source: Intercontinental Cry via Yahoo Images

 

Finally, the SJC report recognizes cultural humility as a necessary factor in supporting Indigenous communities. Practicing cultural humility means acknowledging your own inability to be an expert in a different culture. The disparities in representation in the criminal justice system can improve if non-Indigenous criminal justice professionals seek to understand that there is a lot they are not aware of concerning Indigenous experiences.  

Tribal agencies and activists across the United States have called for changes to be made, whether it is about legal jurisdiction, inadequate funding, or over-incarceration rates. Acknowledging the barriers that Indigenous communities and individuals face is a first step in creating cultural safety. Indigenous people are the best suited to handle justice and related problems facing their communities. It is time to listen to them. 

What Can We Do? 

To learn more about practices supporting native people, I encourage you to explore the lessons and solutions listed in the Over Incarceration of Native People. The document includes diverse proposals ranging from supporting Tribal Reentry programs, trauma-informed care, providing cultural mentoring, license restoration, victim assistance, housing, mental health services, and, most importantly, culturally relevant research and services. Juvenile Justice includes many evidence-based policy recommendations to change the status quo for Indigenous youth, helping them and their families to be better informed, tracked, assessed, represented, and treated. To find relevant services or contribute to their success, Tribal Justice also lists many resources and specified programs. 

Signs reading "Justice for Colten," "Indigenous Lives Matter," and "Murder is murder, lock him up!" advocate for justice for Colton Boushie, shot by farmer Gerald Stanley.
An image of a protest for Indigenous Justice In Canada in response to the shooting death of Colton Boushie and the acquittal of Gerald Stanley. Image Source: The Canadian Press/Jason Franson via Yahoo Images

In this series, I have reiterated many of the issues at the tip of the iceberg, but to continue supporting Native people, we must be able to acknowledge our ignorance of the rest of the iceberg that is the Native experience. With cultural humility in mind, we can work to unveil injustice in the Indigenous Justice System. 

 

The Indigenous Justice System: How Underfunding is Failing Tribal Police

by Eva Pechtl

For a better understanding of the information you will encounter in this blog, it may be valuable to read part one of my series on the Indigenous Justice System, “History of Limitations and Restorative Justice,” on the legal jurisdiction of Indigenous authorities and the traditional forms of justice in many Indigenous communities. In this blog, I will expand on the struggles of Indigenous communities due to insufficient federal funding. Multiple Indigenous tribes are suing the federal government for violating treaty obligations to provide adequate funding for law enforcement and justice services on reservations.  

An image of an old U.S. Bureau of Indian Affairs police badge. Source: Yahoo Images via Flickr              
An image of an old U.S. Bureau of Indian Affairs police badge. Source: Yahoo Images via Flickr          

 

Tribes like the Oglala Sioux and the Northern Cheyenne are suing the Bureau of Indian Affairs (BIA), which operates 23 police agencies out of 258 official tribal law enforcement entities. The BIA’s Office of Justice Services is responsible for ensuring public safety and justice across Indigenous communities with a proposed 2024 budget of 641.8 million for Public Safety and Justice operations. Under section (900.33) of Public Law 93-638, proposals by agencies outside of the BIA must be reviewed by declination criteria under Subpart (E) and can be declined. Under section (900.31), tribes are entitled to appeal such decline of a proposal and can sue if they wish to challenge the decision.  

The findings of U.S. Code Title 25 Section 3601 state that “tribal justice systems are inadequately funded, and the lack of adequate funding impairs their operation.” There are 234 tribally operated law enforcement agencies; however, the BIA allocates more funding to the minority of agencies that are operated internally. Indigenous communities deserve well-prepared protection from law enforcement, but they are currently faced with battles they cannot win because of this disparity in resources. 

 

Agencies Bound to Crumble 

In a Senate roundtable discussion on Public Safety in Native Communities, several Indigenous speakers spoke about problems surrounding law enforcement in their communities. Tribal police Chief Michael Ford from the Reno-Sparks Indian colony expressed the challenges of keeping tribal officers when external wages are more competitive. Chief Ford explained that after years of training, tribal officers consider better positions for themselves and their families, making it difficult to build trusting relationships with community members and to have experienced officers capable of addressing serious issues. Similarly, Alex Cleghorn, Senior Legal and Policy Director at the Alaska Native Justice Center, explains how the competitiveness of grant processes and the non-guarantee of funding makes it difficult to have continuity in services. This causes challenges for Tribal law enforcement programs and deprives them of a chance to grow consistently or make positive impacts. These are examples of issues generated due to the lack of funding for police services and its effects on failing to adequately support tribal police. 

An image of a student and Tribal instructor training in a firearms proficiency session. Source: Yahoo Images via Flickr
An image of a student and Tribal instructor training in a firearms proficiency session. Source: Yahoo Images via Flickr

Executive Director of the National Indigenous Women’s Resource Center, Lucy Simpson, comments on the effects of the lack of trust in police in Indigenous communities. Strong negative perceptions of law enforcement are present in Indigenous communities following consistent delays in services or instances of abuse by officers. Police abusing their power mixed with low expectations of law enforcement cause both a lack of reporting and of prospective police officers. This weakens the legitimacy of tribal police departments and perpetuates cycles of crime in Indigenous communities. When crimes aren’t reported or followed up on, it’s difficult for tribal police to maintain statistical information that is needed to handle crime reliably. Insufficient resources over time do not only prevent tribal police from effectively responding, but they preserve cycles of criminal behavior and negative police relations. 

 

Jeopardizing Indigenous Community Safety 

In a podcast made this summer by Native America Calling, the President of the Fort Belknap community, Jeffrey Stiffarm, says, “The community knows when there is only one person on staff.” Stiffarm said that drug pushers would make prank calls about domestic violence incidents, knowingly distracting the officer toward a remote end of the reservation while they make a shipment. This is not only dangerous for the community but also for the officers, who often have no choice but to arrive at dangerous calls alone. 

An image of a police car for the Nooksack Indian Tribe in Washington. Source: Yahoo Images via Flickr
An image of a police car for the Nooksack Indian Tribe in Washington. Source: Yahoo Images via Flickr

 

What Stiffarm found particularly frustrating was how the BIA funds departments that are not run by tribes at double or triple the amount. In Fort Belknap, the Chief of Police, criminal investigator, and four dispatchers are paid half the amount of BIA salaries for the same duties, and the tribal officers are paid 70%. Gary Lamere, a supervisory criminal investigator also from Fort Belknap, further exhibited this disparity when he recalled working for the BIA-run law enforcement on the Mescalero Apache Tribe in New Mexico, which had significantly more funds. He argues that with over $2 million for personnel alone, his patrol officers could be proactive, unlike in Fort Belknap, where the entire department has received $1.2 million for all services and is constantly fighting to catch up with crime.  

In the Native America Calling podcast, criminal investigator John Grinsell from the Northern Cheyenne Reservation says that the BIA closed the local jail and moved it 50 miles away with the promise of offering rehabilitation programs. However, the programs never showed, and the Northern Cheyenne and Crow tribes are only allowed 50 beds each out of the 400 beds in the facility. When there is an overflow in the facilities, offenders are transported to Oklahoma, where, if they are released, they often must wait for the monthly transportation services to transfer them back to their community. There is generally high frustration among Indigenous communities about the extended periods it takes for law enforcement officers to respond, often reaching an hour and a half. Furthermore, tribal police often must follow up on crimes without proper compensation when the BIA’s operations fail to follow up. Recently, in the Northern Cheyenne community, arson of a local thrift store was never followed up on, according to Grinsell.  

 

Constantly Running Behind 

When asked in the podcast what he knows about any tribes that are adequately funded, Stiffarm notes tribes like the Crow, which use money from their natural resources to fund their own programs. However, most reservations have been stripped of natural resources like coal and oil, leaving them with minimized opportunities to raise funds for themselves. For centuries, Indigenous people have been stolen from, wrongfully, and not reimbursed fully enough to escape the poverty that ensues. 

Geno LeValdo, a tribal council member in Fort Belknap, comments in the podcast that “no one cares about our communities as we do” and spoke to the BIA’s blatant rejection of pleas for funding. Frankly, the perception among Indigenous communities is that no one cares. A caller on the podcast from Fort Berthold in North Dakota argues that Indigenous people need representatives in Congress who are ready to listen to tribal members. Furthermore, they need Indigenous advocates who will advocate, not just fill a diversity spot. 

President Biden has made tremendous changes, which he highlighted in his Proclamation on National Native American Heritage Month, including appointing many Indigenous people in his administration. His changes are positive, but they are not as impactful as Biden implied, according to Indigenous leaders still dealing with serious issues facing their communities. Biden’s budget for 2023 allocated $2.8 billion to the BIA, with $562.1 million designated for Public Safety and Justice operations. Indigenous leaders wonder about the specific destination of the funds, as they are well aware they are not being allocated towards their services. 

Legislation deemed more highly supported by Indigenous people is the Parity for Tribal Law Enforcement Act, a bill introduced by Dan Newhouse in July 2023. It aims to address the barriers limiting tribal law enforcement by offering measurable steps to improve the hiring and retention of tribal officers. Again, Indigenous leaders are the ones who truly know what they need. Federal funding is a complicated process, but there is no reason to doubt and reject Indigenous calls for help.