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Immigration and Human Rights Law Review

Abstract

The use of compulsory prison labor in American jails and prisons has reached alarming levels. Despite the Thirteenth Amendment’s purpose of abolishing slavery in the United States, slavery-like conditions persist under the guise of compulsory prison labor. The Thirteenth Amendment created an important caveat to the prohibition of slavery in the United States: involuntary servitude is permissible as a punishment for crime. Across the country, incarcerated individuals are forced against their will to engage in physical labor with sub-standard safety protocols, endure physically and mentally abusive superiors, and receive little to no pay. Despite domestic and international condemnation of the use of compulsory prison labor, the United States continues to engage in the egregiously coercive and exploitative practice. However, there are existing and available mechanisms to end this practice and punish those who engage in the exploitation of incarcerated individuals. This Article explores how compulsory prison labor, despite its legality under the Thirteenth Amendment, should be illegal as it constitutes a pattern of racketeering behavior that is punishable under the RICO Act. First, this Article discusses the U.S prison system, the prevalence of compulsory prison labor in the United States, and what the RICO Act is. Next, this Article discusses how compulsory prison labor can constitute a pattern of racketeering that is punishable under the RICO Act. Finally, this Article concludes by proposing paths forward for the United States to finally eradicate involuntary servitude via compulsory prison labor.

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