Kenya N. Rahmaan
The next time you hear someone say that former President Barack Obama did nothing for Black people, show them this article. After the killing of 18-year-old Mike Brown by police officer Darren Wilson on August 9, 2014, in Ferguson, MO. The United States Department of Justice, under former Attorney General Loretta Lynch’s investigation, released the infamous ‘Dear College Letter.’ The Letter outlined numerous constitutional violations, including but not limited to traffic stops and child support contempt of court arrests, resulting in outlawed debtor prisons.
Former Attorney General Jeff Sessions rescinded the letter when former President Trump was elected. Under the President Joe Biden Administration, the Department of Justice has reissued an updated letter addressing the unconstitutionality of using debtor prisons to collect money from indigent citizens. The violations apply to parents who owe child support debt. Unfortunately, the Office of Child Support Services, formerly the Office of Child Support Enforcement, does nothing to hold the state and local agencies accountable when they wrongfully issue arrest warrants for parents allegedly owing child support arrears.
Recently, Darius McCrary, the actor best known for his role on the 90s sitcom Family Matters, was held in a debtor prison accused of owing nearly $100,000 in child support. McCrary was held in debtor prisons in California and Michigan and was denied his right to a hearing to determine his ability to pay, clearly outlined in the rescinded 2016 and the 2023 DOJ letters. According to Kristen Clarke, Amy L. Solomon, and Rachel Rossi (2023), The U.S. Supreme Court reaffirmed this principle in Turner v. Rogers, 564 U.S. 431 (2011), holding that a court cannot jail a parent for failure to pay child support without providing adequate prparent’s safeguards to ensure consideration of the parent’s ability to pay. https://www.youtube.com/playlist?list=PLw6oCIAmmGq8ueAbcWLOkveDdaj3pGIDn
Needless to say, Mr. McCrary was not offered a hearing to determine his ability to pay before the bench warrant was issued, and he is not alone. Every year, parents are arrested and detained on child support warrants, although the actual number is not available to the public. There are two takeaways from this victory in the Missouri lawsuit. One, people who say that President Obama did nothing for Black people should find out what he and the offices operating under his administration did or attempted to accomplish before judging. It is difficult to hit the basket when every ball is blocked.
Second, it is critical that you understand your constitutional rights as a citizen of the United States of America. They say ignorance of the law is not an excuse. Ignorance is also no excuse to allow government officials to violate your constitutional rights and protections. #RIPMikeBrown