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Child Watch: Criminalizing Poverty Is Big Business

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Marian-Wright-Edelman18
By Marian Wright Edelman
NNPA Columnist

 

The recent Department of Justice report on police and court practices in Ferguson, Mo. put a much needed spotlight on how a predatory system of enforcement of minor misdemeanors and compounding fines can trap low-income people in a never-ending cycle of debt, poverty, and jail.

This included outrageous fines for minor infractions such as failing to show proof of insurance and letting grass and weeds in a yard get too high. In one case, a woman who parked her car illegally in 2007 and couldn’t pay the initial $151 fee has since been arrested twice, spent six days in jail, paid $550 to a city court, and as of 2014 still owed the city $541 in fines, all as a result of the unpaid parking ticket. The Department of Justice found each year Ferguson set targets for the police and courts to generate more and more money from municipal fines. And Ferguson isn’t alone.

The criminalization of poverty is a growing trend in states and localities across the country.

The investigation of Ferguson’s practices came after the killing of unarmed 18-year-old Michael Brown by a police officer, and last month the practice of criminalizing poverty made headlines again after Walter Scott was killed in North Charleston, S.C. Scott was shot in the back by police officer Michael Slager on April 4 as he ran away after being pulled over for a broken taillight. Scott had already served time in jail for falling behind on child support, and on the day he was stopped, there was a warrant out for his arrest for falling behind again. His family believes his fear of going back to jail caused him to run.

His brother told The New York Times that Walter Scott already felt trapped: “Every job he has had, he has gotten fired from because he went to jail because he was locked up for child support,” said Rodney Scott, whose brother was most recently working as a forklift operator. “He got to the point where he felt like it defeated the purpose.”

A 2009 review of county jails in South Carolina found that 1 in 8 inmates was behind bars for failure to pay child support. Rodney Scott remembered his brother trying to explain to a judge that he simply did not make enough money to pay the amount ordered by the court: “And the judge said something like, ‘That’s your problem. You figure it out.’”

The United States legally ended the practice of debtor’s prisons in 1833, and the Supreme Court ruled in Bearden v. Georgia (1983) that it is unconstitutional to imprison those who can’t afford to pay their debt or restitution in criminal cases, unless the act of not paying debt or restitution is “willful.”

But poor people are being increasingly targeted with fines and fees for misdemeanors and winding up in illegal debtors’ prisons when they can’t pay – and in some cases, then being charged additional fees for court and jail costs.

A recent investigation by National Public Radio, the New York University Brennan Center for Justice, and the National Center for State Courts cited a study estimating between 80-85 percent of inmates now leave prison owing debt for court-imposed costs, restitution, fines and fees.

In some jurisdictions defendants are charged for their room and board during lockup, probation and parole supervision, drug and alcohol abuse treatment, DNA samples, and even their constitutional right to a public defender. When poor people can’t pay those fees either, the cycle of debt and jail time continues.

The private companies providing probation services in more than half of the states are some of the biggest winners when poor people are targeted. If people on probation can’t afford the fees they are charged, they breach their probation contract; this can result in more jail time, making it even less likely that they’ll be earning the money they need, and people under the supervision of these private probation companies often become liable for charges exceeding the initial cost of their ticket or fine.

Federal law also prohibits people in breach of probation from receiving a range of benefits, including Temporary Assistance for Needy Families (TANF), food stamps, and Supplemental Security Income – once again, exacerbating the cycle of poverty, probation, and prison.

According to a study conducted by the American Bar Association’s Criminal Justice Section, there are more than 38,000 documented statutes nationwide creating collateral consequences for people with criminal convictions, including barriers to housing, employment, voting, and many public benefits.

By denying these citizens access to basic services they need to survive, our policies needlessly increase the risk of recidivism and continue to leave people truly trapped—and when we extend the cycle of poverty by criminalizing poor people, there are only a few greedy winners and many, many losers.

 

Marian Wright Edelman is president of the Children’s Defense Fund whose Leave No Child Behind® mission is to ensure every child a Healthy Start, a Head Start, a Fair Start, a Safe Start and a Moral Start in life and successful passage to adulthood with the help of caring families and communities. For more information go to www.childrensdefense.org.

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Activism

Alameda County Makes History: Board of Supervisors Unanimously Adopts Reparations Action Plan

The Final Action Plan addresses disparities in housing, economic opportunity, education, health, environmental justice, public safety, arts and culture, land use, and other areas where historical government policies have contributed to inequitable outcomes for Black residents.

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The Reparations Commission members and Alameda County Board of Supervisors celebrated the approval of its report on June 30. Present were (first row, l. to r.) Dee Johnson, Supervisor Elisa Marquez, Supervisor Lena Tam, Debra Gore, Artavia Berry, Supervisor Nikki Fortunato Bas, Jennifer Gayden, and Supervisor David Haubert; Second row (l. to r.) Supervisor Nate Miley, Larry McClendon, Brandon T. Sass, Phil Gardiner, Shadrick A. Small, and James Knowles. Photo by Ashley Sturgis, Supervisor’s Assistant from the Office of Supervisor Lena Tam.
The Reparations Commission members and Alameda County Board of Supervisors celebrated the approval of its report on June 30. Present were (first row, l. to r.) Dee Johnson, Supervisor Elisa Marquez, Supervisor Lena Tam, Debra Gore, Artavia Berry, Supervisor Nikki Fortunato Bas, Jennifer Gayden, and Supervisor David Haubert; Second row (l. to r.) Supervisor Nate Miley, Larry McClendon, Brandon T. Sass, Phil Gardiner, Shadrick A. Small, and James Knowles. Photo by Ashley Sturgis, Supervisor’s Assistant from the Office of Supervisor Lena Tam.

Landmark 5–0 Vote Advances One of the Nation’s Most Comprehensive County-Led Reparative Justice Efforts

Special to The Post

The Alameda County Board of Supervisors unanimously voted 5–0 on Tuesday to adopt the Final Action Plan of the Alameda County Reparations Commission, marking a historic milestone in the County’s commitment to advancing reparative justice for Black residents.

The vote follows nearly three years of work by the Alameda County Reparations Commission, which was seated in July 2023. Through extensive historical research, analysis of County data, public listening sessions, expert testimony, and community engagement, the Commission developed a comprehensive roadmap for addressing documented harms and expanding opportunity for future generations.

The Final Action Plan addresses disparities in housing, economic opportunity, education, health, environmental justice, public safety, arts and culture, land use, and other areas where historical government policies have contributed to inequitable outcomes for Black residents.

“This vote represents more than the adoption of a report,” said Debra Gore, Chair of the Alameda County Reparations Commission. “It is a commitment to truth, accountability, and action. Reparations are not about guilt or charity. They are about government’s responsibility to address documented harms created by its own policies and to build a more just future.”

During the Board meeting, Gore delivered a keynote address entitled “Redress as Constitutional First Principle,” presenting reparations as a constitutional principle rooted in the First Amendment’s guarantee of the right “to petition the Government for a redress of grievances.” Her remarks connected the nation’s founding ideals with Alameda County’s own data documenting continuing racial disparities.

At the conclusion of her address, Gore received a standing ovation from all five members of the Alameda County Board of Supervisors, recognizing both the Commission’s work and the significance of the Board’s action.

Grounded in County data and community testimony, the Commission’s recommendations reflect nearly three years of research and engagement with residents, historians, policy experts, advocates, and County staff. Together, they offer a roadmap for repairing documented harms while strengthening opportunity, accountability, and equity for future generations.

The Board’s action also includes a commitment to establish a standing committee to oversee implementation of the Action Plan, signaling that reparative justice will remain an ongoing County priority.

“History will remember this moment not because Alameda County acknowledged injustice,” Gore said. “History will remember that our County chose action. This vote demonstrates that government can confront difficult truths, listen to its residents, and take meaningful steps toward repair.”

Reached in an interview on July 1, Gore said she felt a sense of “joyfulness and reverence” for the ancestors and survivors of the harms of slavery through Jim Crow. “We might be the first in the country to pass an action plan with the commitment to ‘operationalize’ reparations.”

Gore is grateful to former Alameda County Supervisor Keith Carson, who asked her to serve on the commission, and current Supervisor Nate Miley, who asked her to be the chairperson.

Among the many who helped create and inspire the report, Gore pointed to former Oakland City Councilmember Leo Bazile, who has been calling for reparations since the 1960s, and the late Reparations Committee member Jesse Clyde Burleson, who provided insight on incarceration as an ongoing harm to the Black community. The report was dedicated to the memory of Burleson, who passed away on March 6 and who had been imprisoned from 1987-2018.

Gore also pointed to their avenue of approach on reparations, which was as much about the impact of slavery as it was about constitutional rights that had been systematically denied to Black people.

Members of the committee were: Cathy Adams, president and CEO of the Oakland African American Chamber of Commerce (OAAOCC) issued a statement supporting the reparations milestone.
OAACC “is grateful to former Supervisor Keith Carson, Supervisor Nate Miley, and the entire Alameda County Reparations Commission for their tireless efforts to develop a comprehensive action plan to address and repair the documented harms experienced by our local Black community,” Adams said.

“As an organization deeply committed to advancing workforce development, expanding access to capital, and creating opportunities for Black-owned businesses in Oakland and throughout Alameda County, we look forward to working alongside the steering committee to help deliver meaningful economic justice to those impacted by generations of systemic inequities.”

The Alameda County Reparations Commission extends its gratitude to the hundreds of residents who shared their experiences, the Commissioners who dedicated nearly three years of service, County staff, researchers, historians, and community partners whose work made this milestone possible.

With adoption of the Final Action Plan, Alameda County now begins the next phase of implementation in partnership with County leadership, community organizations, and residents. The commission will be dissolved, Gore says, and she looks forward to the next steps, one of which is the appointment of committee members.

Besides, Burleson, Gore and Bazile, members of the commission included: Natasha Triplett, Shenita Hurskin, Brandon T. Sass, Artavia Berry, Tiega N. Varlack, James Knowles, Vickie Stephens, Dr. Philip S. Gardiner, Dee Johnson, Larry McClendon (vice chair) , Carolyn (CJ) Johnson, Alan E. Dones, Jennifer A. Gayden, Lori Cox (vice chair), and Shadrick A. Small.

About the Alameda County Reparations Commission

Established by the Alameda County Board of Supervisors in July 2023, the Alameda County Reparations Commission was charged with examining the historical and ongoing harms experienced by Black residents resulting from government policies and practices and developing recommendations for repair. The Commission’s Final Action Plan provides a comprehensive framework for advancing equity, accountability, and opportunity throughout Alameda County.

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Activism

OPINION: Unfair Media Attacks on OUSD Leadership for Not Closing Schools

Dr. Denise Saddler is a respected educator who leads with integrity, honesty, and decades of experience in service to OUSD. Since stepping into the role of interim superintendent, she has worked tirelessly alongside the Senior Leadership Team and fiscal consultants to address one of the most difficult financial situations our district has faced.

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The school district has achieved ‘significant milestones that reflect disciplined leadership and a renewed commitment to fiscal responsibility,’ said Board President Jennifer Brouhard

By Jennifer Brouhard, Special to The Post

I am not going to directly respond to or amplify the personal attacks on the Oakland Unified School District’s dedicated leaders who are working every day on behalf of Oakland’s students.

Dr. Denise Saddler is a respected educator who leads with integrity, honesty, and decades of experience in service to OUSD. Since stepping into the role of interim superintendent, she has worked tirelessly alongside the Senior Leadership Team and fiscal consultants to address one of the most difficult financial situations our district has faced.

In December, the Board gave clear direction: bring forward a budget proposal that did not include a state loan and did not include school closures. Saddler and her team did exactly what the Board asked them to do.

There were differing opinions about how to address the district’s fiscal challenges. The two former employees referenced in a news article supported a different approach that included pursuing a state loan and exploring school closures. Those proposals were presented to the Board alongside Saddler’s proposal.

The Board adopted Saddler’s recommendation because it reflected the direction we had established. Since I joined the Board in 2023, the majority of the Board has consistently opposed school closures and has worked to preserve local control by avoiding a state loan whenever possible.

The public records cited in the article demonstrate the countless hours Saddler, the Senior Leadership Team, and our consultants devoted to developing a responsible financial plan. Difficult decisions were made, ideas were debated, and ultimately the Board selected the proposal that best aligned with our priorities.

As a result of that collaborative work, OUSD has adopted its first balanced budget in 22 years, achieved a qualified Second Interim Certification, and submitted a positive Third Interim Report.

These are significant milestones that reflect disciplined leadership and a renewed commitment to fiscal responsibility.

While there is still important work ahead, I believe the relationship between the Board, Dr. Saddler, and the Senior Leadership Team has become stronger and more collaborative throughout this process. We are moving in the right direction—with honesty, integrity, and a focus on the needs of OUSD’s 34,000 students.

Jennifer Brouhard, a retired OUSD teacher was elected in 2023 to represent District 2 and has been Board president since 2025.

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Activism

COMMENTARY: Wong Kim Ark Kept Dred Scott Dead

In 1857, the Supreme Court’s infamous Dred Scott decision declared that Black people — enslaved or free — could never be citizens of the United States.

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The cover of the “Full Opinions” from the Dred Scott Case. (The Smithsonian Institution). Public domain.
The cover of the “Full Opinions” from the Dred Scott Case. (The Smithsonian Institution). Public domain.

By Emil Amok Guillermo

Donald Trump tried to deport Wong Kim Ark.

But the President was 128 years too late.

On the final day of its term, days before America marks its 250th anniversary, the Supreme Court reminded us who gets to call themselves an American.

It’s not determined by blood.

It’s determined by birth on American soil.

The Supreme Court rejected Trump’s attempt to end birthright citizenship by executive order. In doing so, he reaffirmed what the Supreme Court had already settled in 1898 in United States v. Wong Kim Ark.

The Court didn’t invent a constitutional right.

It refused to erase one.

If your mother’s feet were on American soil when you were born, you’re an American citizen.

You can’t defeat the feet.

That’s my story as a Filipino American.

THE HISTORY WE KEEP FORGETTING

America has a habit of forgetting the people who save it.

We remember the Gold Rush.

We forget the Chinese who built the railroads.

We remember César Chávez.

We forget Larry Itliong.

And now, when politicians tried to rewrite the Constitution, they forgot the Chinese American born in San Francisco who had already answered their question more than a century ago.

His name was Wong Kim Ark.

If you’ve never heard of him, don’t feel bad.

Asian Americans have spent generations as America’s footnotes.

Unless we’re nurses.

Then we’re indispensable.

Unless we’re applying to elite colleges.

Then we’re the problem.

Let’s also be fair.

Not everyone who opposes birthright citizenship is motivated by prejudice. Many sincerely argue the Fourteenth Amendment was written only to guarantee citizenship to formerly enslaved Black Americans and not to the children of immigrants.

That’s a constitutional argument.

It just happens to be the one that lost.

In 1898.

And again this week.

DRED SCOTT IS WHY THIS MATTERS

Here’s the history too many Americans skip.

Why was the Fourteenth Amendment written?

In 1857, the Supreme Court’s infamous Dred Scott decision declared that Black people — enslaved or free — could never be citizens of the United States.

Never.

The Civil War ended slavery.

But it took the Fourteenth Amendment to bury Dred Scott.

The Citizenship Clause wasn’t a loophole.

It wasn’t an accident.

That’s the history the Supreme Court relied on.

The Fourteenth Amendment first secured the citizenship of formerly enslaved Black Americans.

Then Wong Kim Ark established that the same constitutional promise belongs to every child born on American soil, regardless of race or ancestry.

Black freedom and Asian American citizenship are joined by the same sentence in the Constitution.

Different communities.

One constitutional promise.

OUR HERO

Wong Kim Ark was born in San Francisco in 1873.

Not born pending ICE approval.

Born.

His parents were Chinese immigrants legally living in California but barred by racist laws from becoming citizens themselves.

As a Filipino American, this debate isn’t abstract.

My mother was still legally an alien when I was born.

Her immigration status didn’t matter.

Where her feet stood did.

America.

That’s what made me a citizen.

Not ancestry.

Not bloodline.

Not race.

The Constitution.

Emil Guillermo is an award-winning journalist, news analyst, and comic monologist. He appears at the Winnipeg Fringe Festival, July 16–26, at Ace Art Gallery. Subscribe to his micro-talk show at YouTube.com/@emilamok1.

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