While it might be tempting to frame President Biden’s actions as a well-intentioned, if misguided, step toward ending mass incarceration, we must remember that as an architect of the U.S. prison boom, Biden is more than knowledgeable about the true levers of mass criminalization. Having spent his years as a senator drafting legislation that
expanded police power,
increased federal penalties, and financed public prison and
jail expansion, it would be disingenuous to act as if he doesn’t know any better.
If Biden were serious about undoing carceral power, there are many things he could do. He could issue a moratorium on
U.S. Marshals Service and
ICE contracts with local jails and on the
United States Department of Agriculture loan program, which finances jail expansion in the name of “community development,” and which together have been driving rural jail expansions at a breakneck pace. He could halt federal executions and commute the sentence of every person on federal death row. Biden could institute broad-based decarceration by ending pre-trial federal detention and giving clemency to most or all people incarcerated in federal prisons. He could push to defund and dismantle the Department of Homeland Security and Bureau of Prisons. He could end federal policing initiatives that target sex workers. And he could champion the repeal of the 1994 Crime Bill.
There are many avenues for Biden to take on mass incarceration. Targeting private prisons is not one of them.