Debtors prisons are horrific and should be abolished entirely. That an aspect of the Trump regime is supporting them is a sign of how regressive the current federal government is, and it’s also an unpleasant reminder of how the Justice Department reinstated corrupt police civil asset forfeiture earlier this year.
During the holiday season, many of us think about what we can do to help people struggling with poverty. Attorney General Jeff Sessions, on the other hand, decided just before Christmas to rescind a guidance meant to protect low-income Americans.
The 2016 guidance, issued by former President Obama’s Justice Department, urged state and local courts nationwide to abide by constitutional principles prohibiting the jailing of poor people who cannot afford to pay court fines and fees. Jeff Sessions’ action makes clear that he and his Justice Department are unconcerned by courts trampling on the rights of poor people.
The Obama Justice Department issued the 2016 letter after reports and lawsuits by the ACLU and other groups revealed how modern-day debtors’ prisons function in more than a dozen states, despite the fact that the U.S. two centuries ago formally outlawed jailing people simply because they have unpaid debts.
These efforts revealed that poor people were being locked up in Georgia, Washington, Mississippi, and elsewhere without court hearings or legal representation when they could not pay fines and fees for traffic tickets or other civil infractions or criminal offenses. These efforts also show that modern-day debtors’ prisons result from state laws allowing or requiring the suspension of driver’s licenses for unpaid court fines or fees without first requiring confirmation that the person could actually pay.
There is no place in this country for a justice system that lets rich people buy their freedom while poor people are locked up or lose their driver’s licenses because they can’t afford to pay money to courts. The momentum for change will continue even as the current Justice Department declines to lead by encouraging fairness and equal treatment of rich and poor.