forced labor – UAB Institute for Human Rights Blog

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 13^th 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 14^th and 15^th, 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. 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. 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. 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.

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

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

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.