During a gathering near Detroit, Michigan, I had the opportunity to speak with a former incarcerated U.S. citizen who shared some startling revelations about the persistence of slavery in the U.S. He pointed out that while the 13th Amendment officially abolished slavery and involuntary servitude, it contains an exception that allows involuntary servitude “as a punishment for crime”.This effectively strips incarcerated individuals of many rights that free citizens enjoy and can force them into conditions akin to slavery.

He argued that both the government and Congress play a role in reinforcing this system by empowering law enforcement agencies, creating stringent laws, and allocating disproportionate funds to fuel mass incarceration. As a result, the growing prison population allows corporations to exploit incarcerated individuals as a source of cheap labor, boosting their profits. The profits, in turn, are channeled into political campaigns and government officials, creating a perpetual cycle with no end in sight.

U.S. prisons have become hotspots for forced labor, where inmates work for large corporations and and are paid very low wages. For example, while free workers may earn $20 to $30 per hour, prisoners performing similar tasks earn as little as $0.23 per hour. Companies like McDonald's and Walmart have been linked to the use of prison labor for tasks such as manufacturing and packaging, where inmates are paid minimal wages. These revelations prompted me to dive deeper into the 13th Amendment and its exception clause, as I struggled to reconcile how a nation that prides itself on advocating for championing freedom and democracy could still permit any form of slavery.

Further research revealed that private prison companies, such as CoreCivic and GEO Group, have spent millions lobbying for policies that promote mass incarceration, such as mandatory minimum sentences and harsher laws. These companies, benefiting from a steady stream of low-cost labor, contribute to political campaigns, ensuring that the cycle of mass incarceration continues. Throughout the 20th century, both major political parties largely ignored this issue, focusing instead on “law and order” policies, especially during the War on Drugs since 1970s, which expanded the prison system.

This practice contradicts the spirit of the 14th Amendment's equal protection clause and the 8th Amendment's prohibition against cruel and unusual punishment, as it disproportionately affects minority groups, particularly African Americans, who are incarcerated at higher rates and are subjected to harsh labor conditions that would be considered unacceptable for non-incarcerated workers.

The exception also violates international human rights standards. The United Nations' Universal Declaration of Human Rights (UDHR), to which the U.S. is a signatory, expressly prohibits slavery and forced labor in Article 4. Additionally, Article 23 guarantees the right to just and favorable conditions of work, which prisoners do not receive under current practices.

As of 2023, approximately 800,000 of the 2.1 million incarcerated individuals in the U.S. are subjected to forced labor. The value of goods and services produced by this labor is estimated to be between $11 and $14 billion annually. The relationship between corporations, lawmakers, and law enforcement agencies creates a cycle where higher incarceration rates benefit private companies. As these profits rise, they fund political campaigns and lobbying efforts, making the prison-industrial complex self-sustaining as long as corporate and political interests align.

The business model behind prisoner exploitation, enabled by the 13th Amendment’s exception clause, has gradually gained more attention, particularly during President Barack Obama’s administration. But the focus remained more on sentencing reform and addressing racial disparities, with less emphasis on the 13th Amendment exception. Progressive Democrats like Bernie Sanders and Alexandria Ocasio-Cortez have recently pushed to end prison labor exploitation, advocating for more comprehensive reform. On the other hand, Republicans, particularly under Donald Trump, passed the First Step Act in 2018, a bipartisan effort to reform sentencing laws, but it did not address the prison labor issue. Despite increasing awareness from civil rights groups and progressive voices, the topic has yet to become a major focus of either party’s platform in the 2024 Harris-Trump campaign.

The lack of attention to the issue from both major political parties has left a void filled by advocacy groups such as the American Civil Liberties Union (ACLU) and the Equal Justice Initiative (EJI), led by Bryan Stevenson. These groups, along with others like the Movement for Black Lives (M4BL), Prison Policy Initiative (PPI), and Critical Resistance, are working to end the exploitation.

There also have been efforts to abolish the exception clause, with some states like Colorado and Utah amending their constitutions to prohibit slavery or involuntary servitude, even for prisoners. However, the political and economic incentives tied to the prison system make it a deeply entrenched issue. Without significant reform, the cycle of exploitation will likely continue.

Editor's Note: The author is Qamar Bashir, Former Press Secretary to President of Pakistan. The article reflects the author's opinions and not necessarily the views of China Economic Net.