In addition to his “War on Cannabis,” Attorney General Jeff Sessions recently revealed that he is also in favor of a “War on Poverty,” when he rescinded a legal guidance document that was meant to end illegal debtors’ prisons.
While debtors’ prisons are labeled as institutions to keep people from failing to pay fines and debts, they have been used to take advantage of impoverished, low-income individuals. A simple traffic ticket can turn into months in prison, which results in even greater fines. As defined by the American Civil Liberties Union:
Nearly two centuries ago, the United States formally abolished the incarceration of people who failed to pay off debts. Yet, recent years have witnessed the rise of modern-day debtors’ prisons—the arrest and jailing of poor people for failure to pay legal debts they can never hope to afford, through criminal justice procedures that violate their most basic rights.
The legal guidance rescinded by Sessions was one that was implemented by the Department of Justice in 2016. It states that courts are required to follow constitutional principles and to prohibit the imprisonment of poor individuals because they cannot pay court fines and fees.
Sessions rescinded the March 2016 “Dear Colleague Letter on Enforcement of Fines and Fees” last week, along with 25 other legal documents dating back to 1975. In a statement, he claimed that he was “ending 25 examples of improper or unnecessary guidance documents” that had been identified by a DOJ task force:
Last month, I ended the longstanding abuse of issuing rules by simply publishing a letter or posting a web page. Congress has provided for a regulatory process in statute, and we are going to follow it. This is good government and prevents confusing the public with improper and wrong advice. Therefore, any guidance that is outdated, used to circumvent the regulatory process, or that improperly goes beyond what is provided for in statutes or regulation should not be given effect. That is why today, we are ending 25 examples of improper or unnecessary guidance documents identified by our Regulatory Reform Task Force led by our Associate Attorney General Rachel Brand. We will continue to look for other examples to rescind, and we will uphold the rule of law……….more here