13th Amendment loophole fuels forced labour in US prisons, violating human rights and benefiting the government and companies

Modern slavery remains legal in the United States and the government is profiting from it.

A loophole still in the 13th Amendment to the US Constitution allows slavery and involuntary servitude as punishment for a crime.

This exception fuels a system where incarcerated people are forced to work for little or no pay, often under threat of punishment, while the state and private companies benefit.

Instead of rehabilitation, forced prison labour in the US has become a driver of mass incarceration.

This disproportionately affects people of colour and reinforces cycles of poverty and exploitation.

People who refuse or are unable to work, whether it’s due to disability, chronic illness, injury, or unsafe and abusive conditions, can face serious consequences.

These include loss of family contact, solitary confinement, and denial of parole, further entrenching their vulnerability.

Political prisoner Dillen E. has spent years working institutional jobs in prison, earning just 10 cents an hour while aiming to afford basic supplies.

Despite working long hours for pennies per hour, fines and fees like restitution grow steadily, making financial survival and supporting his family nearly impossible.

“I scrub four shower stalls used by 68 people a day, every day. It’s a dirty job, but it pays for $5 toothpaste and deodorant,” they told advocacy organisation End the Exception.

“A month of work earns me $48. How do I support a family of 4 with $20 a month, let alone the fines and late fees the state keeps adding on my restitution?”

Restitution fees are court-ordered charges that incarcerated people are required to pay, often to the state, regardless of their income.

These debts grow with added interest and late fees, keeping people in long-term poverty and making it harder to rebuild their lives after release.

The US has the highest recorded prison population rate in the world.

Racial disparities in the criminal justice system mean people of colour are more likely to be incarcerated and forced into this exploitative labour system.

Many incarcerated people work on prison farms located on former plantations. They harvest crops, raise livestock, process food, and staff workshops that support some of the country’s most recognisable brands.

More than 80% of people in prison also perform jobs that maintain prison operations, according to the American Civil Liberties Union.

The reduced cost of incarceration creates a financial incentive to keep prisons overcrowded.

This turns incarcerated people into a cheap, exploited workforce instead of focusing on their rehabilitation.

Thousands of companies across various industries indirectly profit from prison labour, undermining US commitments to end modern slavery.

Despite the US government’s international commitments to end modern slavery, forced labour continues under its own legal framework.

Incarcerated workers are excluded from labour protections because their work is classified as punishment, not economic activity.

Under international law, governments can require people to work in very limited situations, including during national emergencies.

However, strict rules must be followed, such as limits on duration, no private profit, and no punishment.

When prison labour is used to benefit private companies, it is only allowed if people freely choose to work, are fairly paid, and are not punished if they refuse. The work must also be supervised by the state.

Without independent oversight, these protections can be ignored in practice. People in prisons and detention centres around the world, including those who haven’t been convicted of a crime, report being forced to work under threat of punishment, sometimes without pay.

This type of exploitation is known as state-imposed forced labour and includes:

• Abuse of prison labour
• Forced conscription
• Labour for economic development

This happens globally, including in the United States, Brazil, China, North Korea, Russia, and Viet Nam.

The use of forced labour within US prisons undermines national and international commitments to end modern slavery. The government must:

Ending state-imposed forced labour is crucial to uphold human rights and to dismantle systemic racial and economic injustice in the US prison system.