by ©️Leslye Joy Allen
The first time I taught a US History class, I had my students study the wording of the 13th Amendment of the US Constitution and debate whether or not slavery had actually been abolished or had it simply been reconstructed:
“Section 1. 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.
Section 2. Congress shall have power to enforce this article by appropriate legislation.”
By the time master filmmaker Ava DuVernay finished her documentary 13th, I was salivating with anticipation. She did not and never does disappoint. She traced the origins of that loophole in the 13th Amendment that allowed for servitude to be imposed for crimes well into the 21st century.
Slavery had/has gone away in some form. Yet, one of my favorite Black judges, the late New York Supreme Court Judge Bruce M. Wright noted the awful way Black and Brown defendants were treated. Wright earned the nickname “Turn ‘Em Loose Bruce” because he had witnessed one too many Black men and women end up in court because they stole something trying to feed their families only to be sentenced to anywhere from 10 to 20 years in prison. So, Wright gave them some minimal punishment, but he often turned them loose.
I remember his description of a case where a Black man had an extremely sick wife. Neither he nor his wife could afford her medicine. So, in desperation, the man stole a television set from the hotel where he worked. He pawned the television to purchase his wife’s medications. This man had never committed a crime before in his life, but he was sentenced to 10 years in prison.
Now here’s the next rub. For people old enough to remember, the only thing we knew for sure about prisoners when we were growing up was that prisoners pressed license plates. Well, folks that isn’t true anymore. Now American prisoners make…Clothing, Computers, Electronics, Furniture, and all that discounted stuff you find at Walmart and Target. US prisons generate anywhere from 2 to 5 billion a year in profit while prisoners who do the work never earn the standard minimum wage.
So, as you rightly fight for and ponder the fate of Kilmar Abrego Garcia, an American citizen who sits unlawfully in a jail in El Salvador, think about Felon 47 and El Salvador’s Nayib Bukele giving each other a high-five and talking about not returning individuals who are wrongfully detained while they also discuss building more prisons in El Salvador. I’m going to leave it right there.
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Leslye Joy Allen 