Unpaid, unconvicted, and forced to work—pre-trial detainees in California are allegedly being made to work for free. A lawsuit in California exposes a growing system of exploitation in US jails. Advocates warn that coerced detainee labor may evolve into something far more deliberate: a migrant detention labor system masquerading as immigration enforcement.
Detainees made to work unpaid under threat of solitary confinement
At a California jail, individuals awaiting trial have accused jail officials of forcing them to work without pay. The lawsuit, filed against the county and private contractor Aramark, alleges that detainees had to work in food services and janitorial roles—or face punishment.
The Business and Human Rights Resource Centre reports,
Plaintiffs say they were punished for refusing to work, including through being put into solitary confinement, loss of privileges such as phone access, and being denied visits with their families.
The 13th Amendment prohibits slavery and involuntary servitude—except as punishment for crime. This exception allows governments, prisons, and contracting companies to exploit incarcerated workers—to the tune of billions.
Though these persons have not been convicted of any crime, they are punished with forced labor. A recent California Supreme Court ruling upheld the legality of paying these individuals just $2 per day.
A system already normalizing coerced labor
Across the US, detainees—often awaiting trial, or held on civil immigration violations—are forced into labor under duress. Despite being “voluntary,” jail work programs often rely on threats of solitary confinement, withdrawal of privileges, or other punishment to compel detainees.
The US is facing a self-inflicted labor shortage after rounding up migrants en masse—many of whom filled crucial jobs. Further, deportation is costly and increasingly unpopular. Detention, by contrast, offers a steady supply of labor to public agencies and private contractors, all under the cover of the 13th Amendment.
A recent opinion piece in Medium warns that the US could deepen its reliance on detained labor in a potential shift from mass deportation to mass exploitation. Authorities may use immigration detention as a pipeline for cheap or free labor. That future, the author warns, may be closer than we think.
We cannot normalize forced labor
Freedom United continues to campaign against all forms of forced labor, including those made possible by carceral systems. We are calling for an end to the exception in the 13th Amendment and to ensure no one profits from coercion, whether behind bars or in global supply chains.
Add your name to the call to end forced labor in detention. No exceptions. No excuses. Join the movement today.
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