In the annals of U.S. history, many often claim the 13th Amendment of the United States Constitution abolished slavery entirely. However, beneath the surface, this amendment harbors a critical loophole—one that fails to eradicate slavery altogether. “Neither slavery nor involuntary servitude” is legal in the United States “except as a punishment for crime” (U.S. Constitution). Rather than an outright abolition, the 13th Amendment merely shifts the permissible contexts in which it operates. This subtle alteration inadvertently grants permission for a form of slavery to persist through to today within prison systems. Today, this is referred to as prison labor. The system designed to rehabilitate and punish has become a breeding ground for exploitative practices of labor, which raises ethical questions about labor practices and the prioritization of economy over employee. 

The Federal Prison Industries (FPI), also known as UNICOR, was established in 1934 during the Great Depression as part of the Bureau of Prisons. Initially, it aimed to provide inmates with purpose and productivity. However, over time, FPI faced heavy criticism for its coerced labor practices, concerning working conditions, and poor pay. Despite its original intentions, FPI primarily served as a source of cheap labor for many American companies. The issue of prison overcrowding exacerbated the situation. Since 1970, the incarcerated population in the United States has surged by a staggering numbers, leading to further exploitation of inmates. Strikes became a powerful form of protest. The 2018 U.S. prison strike, which took place from August 21 to September 9, involved work stoppages and hunger strikes across many prisons. Inmates demanded an end to free prison labor, improved living conditions, and comprehensive reforms (Barron). This is yet another occurrence in human history of top-down justification of coercive labor practices. 

Prison labor has evolved into a private business model that relies on the increasing incarceration rates to meet workforce demands. Many popular companies, including but not limited to McDonald’s, Walmart, Starbucks, Sprint, Verizon, Victoria’s Secret, Wendy’s, and American Airlines utilize this cheap exploitive labor (Shabazz). Within this system, incarcerated individuals are often compelled to work, sometimes for shockingly poor pay and other times without any compensation at all. The wages earned by prisoners are shockingly low, often equivalent to less than one dollar per hour in most penal labor programs, even when they work grueling 12−hour shifts. In a report done by the National Association for the Advancement of Colored People (NAACP), the pay of workers and value of the prison labor industry is factually laid out. For federal prisoners, the pay scale ranges from a mere $0.12 to $.40 per hour. In some states, such as Texas, inmates receive no payment for their labor. The Texas penal labor system, overseen by Texas Correctional Industries, was valued at a staggering $88.9 million in 2014. Moreover, the estimated annual value of prison and jail industrial output across the nation stands at a staggering $2 billion (NAACP Criminal Fact Sheet). This exploitation of incarcerated individuals for labor should boil the blood of those who champion justice and ethical labor. These prison labor practices are not isolated in style. The urge to church out many products for low cost and high profit is high in America. These practices help paint the picture for other problematic labor companies use, such as Shein’s factories. 

In examining Shein’s response to sweatshop allegations, one encounters a recurring theme: the prevalence of exploitive labor. Throughout history, this exploitative pattern has persisted, with a select few amassing wealth while the majority toils. Prison labor, akin to sweatshop or slave labor, falls within this category. Both forms involve harsh working conditions and minimal compensation, perpetuating economic inequality. Whether behind prison walls or within Shein’s factories, addressing these exploitative practices remains crucial for a fair and just society.

Works Cited: 

Contributors to Wikimedia projects. “2018 U.S. Prison Strike.” Wikipedia, 10 Feb. 2024, 

https://en.wikipedia.org/wiki/2018_U.S._prison_strike. 

“Criminal Justice Fact Sheet.” NAACP, 24 May 2021, 

https://naacp.org/resources/criminal-justice-fact-sheet.

finley. “PPT - UNICOR Federal Prison Industries, Inc. PowerPoint Presentation, 

Free Download - ID:4441425.” SlideServe, 16 Sept. 2014, https://www.slideserve.com/finley/unicor-federal-prison-industries-inc. 

Jones, By Lora. “Shein Suppliers’ Workers Doing 75-Hour Week, Finds Probe.” BBC News, 12 Nov. 2021, https://www.bbc.com/news/business-59245708. 

Kang, Susan. “Forcing Prison Labor: International Labor Standards, Human 

Rights and the Privatization of Prison Labor in the Contemporary United States.” New Political Science, vol. 31, no. 2, 2009, pp. 137–161., https://doi.org/10.1080/07393140902872245.

Levinson, Martin H. "PRISON NATION." ETC.: A Review of General Semantics, 

vol. 75, no. 1-2, Jan.-Apr. 2018, pp. 83+. Gale Literature Resource Center, link.gale.com/apps/doc/A617286376/LitRC?u=anon~5f637757&sid=googleScholar&xid=b7888b31. 

OnLabor. From Behind Bars, Incarcerated Workers Are Unionizing, Striking. 

OnLabor. 

https://onlabor.org/from-behind-bars-incarcerated-workers-are-unionizing...

Shabazz, Rahiem. “12 Major Corporations Benefiting from the Prison Industrial 

Complex.” Malta Justice Initiative, 2014. 

http://maltajusticeinitiative.org/12-major-corporations-benefiting-from-...

U.S. Constitution. Amend. XIII, Sec. 1.

13th. Directed by Ava DuVernay. 2016. Netflix, 

https://www.netflix.com/watch/80091741?trackId=13752289&tctx=0%2C0%2C38f...