Scholars of authoritarianism are sounding the alarm over the new law. Timothy Snyder warned that the extensive concentration camps that Trump has called for and the new measure will fund will be tempting sites for slave labor. Undocumented immigrants make up 4% to 5% of the total U.S. workforce. In agriculture, food processing, and construction, they make up between 15% and 20% of the workforce.
Comparing the detention camps to similar programs in other countries, Snyder warns that incarcerated workers will likely be offered to employers on special terms, a concept Trump appears to have embraced with his suggestion that the administration will figure out how to put workers back in the fields and businesses by putting them under the authority of those hiring them. Trump has called the idea “owner responsibility.”
“[T]hey’re going to be largely responsible for these people,” Trump said. This echoes the system legislators set up in the U.S. South during Reconstruction thanks to the fact the Thirteenth Amendment permits enslavement “as punishment for a crime whereof the party shall have been duly convicted.” That system permitted employers to pay the fines of incarcerated individuals and then to own their labor until those debts were paid. While we know that system from the chain gangs of that era, in fact employers in many different sectors used—and abused—such workers.
Today, according to the nonpartisan Economic Policy Institute, of the 1.2 million people incarcerated in state and federal prisons, nearly 800,000 are prison laborers, working in the facility itself or in government-run businesses or services like call centers or firefighting. About 3% work for private-sector employers, where they earn very low pay.
Snyder urges Americans to be aware that the law paves the way to establish this system.
Harvard sociologist Theda Skocpol identified “massive militarization of ICE” as “the real heart of this law.” She notes that American scholars have thought the federal system in the U.S., in which state and local governments control the police powers, bought the U.S. some protection against a police state.
But, Skocpol says, officials in the Trump administration “have figured out a devilishly clever workaround. Immigration is an area where a U.S. President can exercise virtually unchecked legal coercive power, especially if backed by a Supreme Court majority and corrupted Department of Justice. Now Congress has given ICE unprecedented resources—much of this windfall to be used for graft with private contractors Trump patronizes, but lots of to hire street agents willing to mask themselves and do whatever they are told against residents and fellow American citizens. [Administration officials] are not interested only in rounding up undocumented immigrants,” she wrote to Josh Marshall at Talking Points Memo. “They will step up using ICE and DOJ enforcements…to harass Democrats [and] citizen critics, and subvert future elections if they can.”
At an event in Des Moines, Iowa, on Thursday, Trump complained that Democrats had not supported the budget reconciliation bill. Less than three weeks after a gunman murdered a Democratic Minnesota lawmaker and her husband, and shot another legislator and his wife, Trump said Democrats had opposed the measure only “because they hate Trump. But I hate them, too. You know that? I really do, I hate them. I cannot stand them, because I really believe they hate our country.”