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For Immediate Release
October, 04 2010, 11:15am EDT
Contact:
Will Matthews, ACLU, (212) 549-2582 or 2666; media@aclu.org
Jeanine Plant-Chirlin, Brennan Center for Justice, (646) 292-8322; chirlinj@law.exchange.nyu.edu
ACLU and Brennan Center Reports Expose Resurgence of Debtors' Prisons
NEW YORK
Poor defendants are being jailed at increasingly alarming rates for failing to pay legal debts they can never hope to afford, according to two new reports released today by the American Civil Liberties Union and the Brennan Center for Justice.
The reports detail how states across the country, in the face of mounting budget deficits, are more aggressively going after poor people who have already served their criminal sentences, and in so doing undermining re-entry prospects, paving the way back to prison or jail and burdening the public with yet more costs.
"Incarcerating people simply because they cannot afford to pay their legal debts is not only unconstitutional but also has a devastating impact upon men and women, whose only crime is that they are poor," said Eric Balaban, senior staff attorney with the ACLU National Prison Project.
The ACLU report, "In for a Penny: The Rise of America's New Debtors' Prisons," and the Brennan Center report, "The Hidden Cost of Criminal Justice Debt," show how the resurgent phenomenon of imprisoning people who are unable to pay fines and court fees is in fact counterproductive. States and counties, hard pressed to find revenue to shore up failing budgets, see a ready source of funds in defendants who can be assessed financial penalties above and beyond their criminal sentences that must be repaid upon pain of imprisonment.
"We are undermining the integrity of our criminal justice system and creating a two-tiered system of justice in which the poorest among us are punished more harshly than those with means, at a great cost to taxpayers," said Vanita Gupta, Deputy Legal Director for the ACLU. "The rise of these debtors' prisons also has a disproportionate impact on people of color, who are overrepresented in the criminal justice system."
Kawana Young, a 25-year-old single mother of two in Michigan, accumulated a few minor traffic infractions for which she was given fines that she could not afford to pay. She attempted to pay off her debt by doing community service, was told after the fact that her service at an elderly living center would not count because the center was not a non-profit and, as a result, has been jailed five times for failing to pay her debt.
"I just need a chance to do right," Young said. "It doesn't make sense to jail people when they can't pay because they definitely can't pay while they're in jail."
There is nothing to suggest that aggressively seeking to collect unpaid legal debt actually makes any money - incarcerating indigent defendants for failing to pay their legal debts in fact ends up costing states and counties much more than they can ever hope to recover. In one two-week period last May, for example, 16 men in New Orleans were sentenced to serve jail time for failing to pay legal debts. Their incarceration cost the city of New Orleans over $1,000 more than their total unpaid debt. A man in Washington State was jailed for two weeks for owing $60 in debt and an Ohio woman was jailed for a month because of an unpaid legal debt of just $250.
Yet because so many court and criminal justice systems are inadequately funded, judges view the collection of legal debt as a critical revenue stream. In New Orleans, for example, legal fines and fees make up nearly two-thirds of the criminal court's general operating budget.
The imposition of court fines and fees also creates significant barriers for people seeking to rebuild their lives after a criminal conviction. Eight of the 15 states studied by the Brennan Center, for example, suspend driving privileges for missed debt payments, a practice that can make it impossible for people to work and that can lead to new convictions for driving with a suspended license. Seven states studied by the Brennan Center require individuals to pay off criminal justice debt before they can regain their eligibility to vote after a conviction. And in all 15 states, criminal justice debt and associated collection practices can damage credit and interfere with other commitments, such as child support obligations.
"People are emerging from the criminal justice process with significant debts that they cannot hope to repay," said Rebekah Diller, Deputy Director of the Justice Program at the Brennan Center. "As a result, these fees are creating new paths back to prison for those unable to pay."
A copy of the ACLU report "In for a Penny: The Rise of America's New Debtors' Prisons," is available online at: www.aclu.org/prisoners-rights-racial-justice/penny-rise-americas-new-debtors-prisons
A copy of the Brennan Center report, "The Hidden Cost of Criminal Justice Debt," is available online at: www.brennancenter.org/content/resource/criminal_justice_debt_a_barrier_to_reentry/
The American Civil Liberties Union was founded in 1920 and is our nation's guardian of liberty. The ACLU works in the courts, legislatures and communities to defend and preserve the individual rights and liberties guaranteed to all people in this country by the Constitution and laws of the United States.
(212) 549-2666LATEST NEWS
Venezuela Mobilizes Military as US Aircraft Carrier Approaches
“The only reason to move it there is to use it against Venezuela,” said one policy expert of the deployment of the USS Gerald R. Ford.
Nov 12, 2025
White House officials have sought to walk back President Donald Trump's repeated threats against Venezuela in recent days—even as the Department of Defense has continue to strike boats in the Caribbean and eastern Pacific—but officials in the South American country on Tuesday took the arrival of a US aircraft carrier in the region seriously despite the administration's claims that it won't target Venezuela directly.
As the USS Gerald R. Ford entered waters near Latin America, accompanied by three warships, Defense Minister Vladimir Padrino López said Venezuela's entire military arsenal had been placed on "full operational readiness," with President Nicolás Maduro ordering the deployment of nearly 200,000 soldiers.
The government also approved the “massive deployment of ground, aerial, naval, riverine, and missile forces," López announced.
Venezuela's military deployment comes weeks after US Defense Secretary Pete Hegseth ordered the Ford to relocate from Europe to Latin America following several military strikes on boats in the Caribbean and Pacific that the Trump administration has claimed are meant to stop drug trafficking out of Venezuela—despite the fact that US intelligence agencies and United Nations experts agree that the country plays virtually no role in the trafficking of fentanyl, the top cause of drug overdoses in the US.
At least 76 people have been killed in the strikes so far, and the Associated Press reported last week that the victims have included an out-of-work bus driver and and a struggling fisherman—people who in some cases had turned to helping drug traffickers transport cocaine across the Caribbean, but were hardly the high-level "narco-terrorists" that Hegseth and Trump have insisted they've killed in the region.
With the carrier strike group entering the Caribbean region, the US now has about 15,000 troops in the area where tensions have escalated since the boat strikes began in September.
Mark Cancian, a senior defense adviser at the Center for Strategic and International Studies, told the Washington Post that Venezuelan officials had good reason to mobilize forces.
“The only reason to move it there is to use it against Venezuela,” Cancian said of the Ford deployment. "The shot clock has started because this is not an asset they can just keep there indefinitely. They have to use it or move it."
Since beginning the boat bombings, Trump has signaled the US attacks could move to Venezuela directly, with the Wall Street Journal reporting late last month that the administration was preparing to target "ports and airports controlled by the military that are allegedly used to traffic drugs, including naval facilities and airstrips."
Trump also authorized Central Intelligence Agency operations last month, falsely claiming the country has "emptied" its prisons into the US and again asserting that "we have a lot of drugs coming in from Venezuela."
Democratic senators have introduced two war powers resolutions aimed at stopping the US from striking inside Venezuela and at halting the boat-bombing campaign—but Republicans have voted them down after administration officials assured the caucus that the White House was not currently planning to attack Venezuela.
Maduro said last month that Trump's actions in the region in recent months amount to attempts at "regime change," adding that "if Venezuela did not possess oil, gas, gold, fertile land, and water, the imperialists wouldn’t even look at our country."
Trump himself said publicly in 2023 that if he had won the 2020 presidential election, "we would have taken [Venezuela] over, we would have gotten all that oil."
Trump: When I left, Venezuela was ready to collapse. We would have taken it over, we would have gotten all that oil. pic.twitter.com/5q3Jr1j1Ho
— Acyn (@Acyn) June 10, 2023
On Tuesday, both the United Kingdom and Colombia announced that they were halting intelligence sharing with the US in the region, saying that working with the US as it attacks small vessels in the Caribbean could make the countries complicit in violations of international law.
“All levels of law enforcement intelligence are ordered to suspend communications and other agreements with US security agencies,” Colombian President Gustavo Petro said. “This measure will remain in place as long as missile attacks on boats in the Caribbean continue. The fight against drugs must be subordinate to the human rights of the Caribbean people.”
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Global Energy Report Offers Choice for Humanity: Renewable Transition or 'Dystopian Future' Pushed by Trump
"At COP30, governments must reject this nightmare fantasy, uphold a just transition, and choose a fast, fair, and funded fossil fuel phaseout," said one climate campaigner.
Nov 12, 2025
An International Energy Agency report published Wednesday underscores that world leaders are at a crossroads and must decide whether to embrace an ambitious transition to renewable energy or succumb to the agenda of US President Donald Trump and others bent on propping up the planet-wrecking fossil fuel industry.
The IEA said in its flagship World Energy Outlook that under a so-called "current policies scenario," oil and fracked gas demand could continue to grow until the middle of the century, complicating the organization's earlier projections that global fossil fuel demand could peak by 2030.
The change came amid pressure from the Trump administration and Republican lawmakers in the United States, the largest historical emitter of greenhouse gases. The New York Times noted Wednesday that "Republicans in Congress have been threatening to cut US government funding to the IEA if it does not change the way it operates."
"In an essay posted online, the authors of this year’s report said they were restoring the current policies scenario because it was appropriate to consider multiple possibilities for the way the future might unfold," the Times added. "They did not say they were responding to pressure from the United States."
Fatih Birol, the IEA's executive director, said in a statement that the scenarios outlined in the new report "illustrate the key decision points that lie ahead and, together, provide a framework for evidence-based, data-driven discussion over the way forward."
Under all of the scenarios examined by the IEA, "renewables grow faster than any other major energy source" even as the Trump administration works to roll back clean energy initiatives in the US and promote fossil fuel production.
China, the report states, "continues to be the largest market for renewables, accounting for 45-60% of global deployment over the next ten years across the scenarios, and remains the largest manufacturer of most renewable technologies."
The analysis was released as world leaders gathered in Belém, Brazil for the COP30 climate talks, which the Trump administration is boycotting while lobbing attacks from afar.
David Tong, global industry campaign manager at Oil Change International, said the IEA report "sets out a stark and simple choice: We can protect people and communities by safeguarding 1.5ºC [of warming], settle for a disastrous business-as-usual 2.5ºC, or choose to backslide into a nightmare future of much higher warming."
"This year's report also shows Donald Trump's dystopian future, bringing back the old, fossil-fuel intense, high-pollution current policies scenario, charting an unrealistic pathway where governments drag their energy policies backwards and rates of renewable energy adoption stall, leading to high energy prices and unmitigated climate disaster," said Tong. "At COP30, governments must reject this nightmare fantasy, uphold a just transition, and choose a fast, fair, and funded fossil fuel phaseout."
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House Progressives Denounce 'Morally Bankrupt' Bill to End Shutdown Without Healthcare Guarantee
"Make no mistake, people will die from these skyrocketing healthcare costs, paired with Republicans’ brutal Medicaid cuts," said Rep. Ilhan Omar.
Nov 12, 2025
As the US House appears likely to vote Wednesday to reopen the government, House progressives issued a scathing rebuke to their Democratic colleagues in the Senate who voted for a funding bill with no guarantee to protect the healthcare of tens of millions of Americans.
With the backing of leadership, the continued resolution was advanced by a group of eight Senate Democrats this weekend to end what has been the longest shutdown in US history.
In a joint statement, the 94-member Congressional Progressive Caucus (CPC) announced its opposition to the stopgap funding bill, which it said "includes no provisions to guarantee affordable healthcare and protect tens of millions of Americans from massive price spikes to their premiums, and imposes no strong guardrails to prevent the Trump administration from violating appropriations laws."
The bill agrees to fund the government until the end of 2026, without a deal to extend ACA subsidies that, if allowed to expire at the end of the year, will result in more than 20 million Americans seeing their insurance premiums more than double, according to analysis by KFF. It also introduces no new provisions to prevent President Donald Trump from refusing to spend funds appropriated by Congress, nor does it address the nearly $1 trillion worth of Medicaid cuts passed in July’s GOP spending bill.
"The Senate-passed bill is a betrayal of working people and massively fails to address the urgent needs of the American people,” said CPC Deputy Chair Rep. Ilhan Omar (D-Minn.). “Instead of working toward a fair deal, House Republicans refused to negotiate and abdicated their duty to serve the American people."
"The Senate-passed bill is morally bankrupt. It is indefensible to allow more than 20 million Americans to see their premiums double and let millions lose their healthcare coverage. Healthcare is a human right, and this bill contradicts that fundamental principle," Omar continued. "Make no mistake, people will die from these skyrocketing healthcare costs, paired with Republicans’ brutal Medicaid cuts."
After over a month of holding out, Democrats ultimately cracked under the White House's use of the shutdown to punish segments of the American public: Government workers hit with mass layoffs, Supplemental Nutrition Assistance Program (SNAP) recipients illegally denied this month’s benefits, and residents of blue states and cities stripped of congressionally appropriated funding for critical infrastructure.
While Senate Minority Leader Chuck Schumer (D-NY) voted no on the deal to break the Democratic filibuster, he is widely understood to be the driving force behind the agreement, supporting the clique of eight Democratic senators who voted with the GOP—none of whom face reelection in 2026—to take the fall.
In the aftermath of the cave, Schumer has faced calls from several House Democrats to step down from leadership, including Reps. Ro Khanna (Calif.), Rashida Tlaib (Mich.), and Mike Levin (Calif.). However, none in the Senate, including Sen. Bernie Sanders (I-Vt.), have joined in that push, even though any one of them could force a vote on his leadership within seven days.
As part of the Senate deal, Majority Leader John Thune (R-SD) promised that Republicans would hold a vote to extend healthcare subsidies within 40 days. But CPC chairman Greg Casar dismissed it as "nothing but a pinky promise."
“A deal that doesn’t reduce healthcare costs is a betrayal of millions of Americans counting on Democrats to fight for them,” Casar said. “Millions of families would pay the price.”
The CPC has said it will vote no when the bill comes to the House for a vote on Wednesday, as have most other Democrats.
“I will not support any deal that doesn’t improve the lives of working Americans,” said Rep. Pramila Jayapal (D-Wash.), the co-chair of the CPC political action committee. “End of story.”
In the GOP-controlled chamber, Democrats cannot stop the bill on their own. But Speaker Mike Johnson (R-La.) can only afford to lose two Republicans, and Rep. Thomas Massie (R-Ky.) has already signaled that he will vote no.
While others, like Rep. Marjorie Taylor Greene (R-Ga.), have expressed concern and disgust toward her GOP colleagues over the bill's lack of a solution to the looming healthcare apocalypse, there's no indication that enough Republicans will defect to kill the resolution.
On Tuesday, Republicans in the House voted down a Democratic amendment that would have extended ACA subsidies for three years.
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