Five dollars is apparently all it takes to land a 7-year-old in handcuffs in a New York City public school these days.
Parents across New York City awoke Wednesday morning to the news that Bronx third-grader Wilson Reyes was pulled out of class, handcuffed and interrogated over the course of 10 hours at his elementary school, and later, at a local precinct. Reyes was charged with robbery after someone said he grabbed $5 that a classmate had dropped on the floor, causing a scuffle among several boys.
Playground disputes that once amounted to a trip to the principal’s office have long since come under in New York City, where over 5,000 agents assigned to the School Safety Division roam public school campuses under the auspices of the NYPD.
When Reyes' mom was finally allowed to see her son, the New York Post reports, she found him handcuffed to a wall at the NYPD’s 44th Precinct, where she says he’d been interrogated and verbally abused for six hours. The she took of her son in cuffs made front-page news on Wednesday.
Another student eventually admitted to taking the money, but it was well after Reyes had spent 10 hours handcuffed, interrogated and humiliated by the police. A police source told the NY Post that officers were responding to "a 9-1-1 call of a robbery and assault."
Though shocking, Reyes’ story is far from unique. When police officers are involved in disciplining minors, a classroom disruption involving an "unruly" student can quickly escalate into a call for police back-up.
Nearly 900 arrests were made at New York City public schools during the 2011-2012 school year, and 90 percent involved black or Latino students, according to an released last year. Another 1,666 summonses were issued for illegal conduct.
New York’s public school students are dragged out of classrooms and cafeterias by police officers for shouting in the hallways or scribbling on desks. Court summonses and assault charges are levied for playground fistfights, and students are carted from schools to precincts for the fear-inducing offense of carrying a cell phone on school grounds. In a number of cases, officers have also used excessive force to arrest children for violating school rules, at times leaving injuries requiring hospitalization.
That’s why the ACLU – along with the New York Civil Liberties Union, and law firm Dorsey & Whitney – is suing the City of New York on behalf of the city’s public middle and high school students, accusing the NYPD’s School Safety Division of violating students’ constitutional rights.
Yet the over-policing of our schools is not an issue unique to New York City.
The deployment of cops to public schools across the country epitomizes the national trend known as the "school-to-prison pipeline," in which children of color are funneled from our public school classrooms into the juvenile and criminal justice systems.
There’s Kaleb Winston, the Salt Lake City 14-year-old who was interrogated by gang police at his school because of the design of his backpack and the sketches he made for art class. Or the Kansas sophomore whose arm was broken as a cop pulled a Taser gun to help arrest him for wearing saggy pants. One Wisconsin teen was arrested and fingerprinted for allegedly in the school cafeteria, while a Texas honor student was jailed for missing class. And then there’s the Georgia who was handcuffed last year when she refused to calm down.
The stories are countless, and every one of them heartbreaking. In too many school districts across the country we are witnessing the increased criminalization of our youngest and most vulnerable students. Parents, teachers, principals, and mental health experts know children best. We should let them decide what’s best for their wellbeing. Putting cops in classrooms is not the answer to ensuring our children’s safety.
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Press ReleaseDec 2024
Prisoners' Rights
Criminal Law Reform
ACLU Sues Bureau of Prisons for Keeping People in Prison Longer Than the Law AllowsACLU Sues Bureau of Prisons for Keeping People in Prison Longer Than the Law Allows
WASHINGTON – A federal lawsuit brought today by the American Civil Liberties Union, ACLU of D.C., and Jenner & Block LLP challenges the Federal Bureau of Prisons (BOP) for unlawfully incarcerating people longer than the law allows under the First Step Act. The lawsuit contends that the BOP’s failure to implement the First Step Act according to its plain language violates the rights of thousands of people who should be returning to their communities and rebuilding their lives but instead remain incarcerated. Signed into law in 2018 by then-President Donald Trump, the bipartisan First Step Act was designed to reduce the population in federal prisons, reform extreme sentencing laws, and provide programming and reentry transition services to people in prison. Central to the First Step Act is a system of earned time credits, which allows people in prison to earn time off their sentences and time out of prison by participating in rehabilitation programs. Through the First Step Act, Congress unambiguously ordered BOP to move people out of prison when they meet certain requirements to use their earned time credits. Instead of faithfully following the mandatory law, BOP adopted a regulation treating the law as optional. As a result, thousands of people, who should already be back in their communities and with their families, remain in prison. “Every extra unlawful day our clients spend in prison is a serious injustice,” said Emma Andersson, deputy director of the Criminal Law Reform Project at the ACLU. “It is egregious that the Bureau of Prisons is imprisoning people for months longer than the law allows. The government must follow through on its legal obligation to get people out of prison on time and back into their communities, where they belong.” Additional comments below from: Vanessa Crowe, plaintiff: “Time is what I owed for my wrongdoing, and I have paid my time. But I should not have to spend more time in prison than the law allows. I often reflect on what I will miss during the months after when I should be out of prison. I will miss work and lose out on wages that would help me get back on my feet. I could be a tax paying citizen instead of a burden on society. But most of all, I will miss more precious time with my family. My family and I are ready to tum the page on this period in our lives — we are all ready to start a new life, a life with purpose, hope, and healing together. I want to start that life when I am legally entitled to start it-not five months later.” Arthur Spitzer, senior counsel at ACLU of D.C.: “There’s no excuse for the Bureau of Prisons to pretend not to understand Congress’s clear command that people who have earned the right to early release must be released. This law has been on the books for six years. The Bureau of Prisons has had plenty of time to understand it. Law enforcers should obey the law.” Betsy Henthorne, partner at Jenner & Block: “It has been six years since the First Step Act was signed, but despite Congress’s clear directives, the Bureau of Prisons continues to hold thousands of people in prison longer than the law allows. We should and do expect better—it’s past time for the BOP to ensure that those who have earned their release are able to return home to their families and communities according to the law Congress passed.” -
Maryland Supreme CourtDec 2024
Criminal Law Reform
Roland Branch v. State of MarylandRoland Branch v. State of Maryland
This petition to the Supreme Court of Maryland asked the court to reconsider its adherence to Whren v. U.S., 517 U.S. 806 (1996), which declared that a traffic stop undertaken for pretextual reasons does not violate the Fourth Amendment to the U.S. Constitution so long as the police have probable cause to believe that a traffic violation occurred. The ACLU, alongside the ACLU of Maryland, filed an amicus brief in support of the defendant’s petition, in which the ACLU argued that the court should take up the question of whether pretextual stops violate the Maryland Constitution. In September 2024, the Court denied the petition. -
North Carolina Supreme CourtDec 2024
Criminal Law Reform
State v. WrightState v. Wright
This case in the North Carolina Supreme Court involves the question of whether the police violated the U.S. Constitution when they searched the defendant, Mr. Wright’s, backpack even after he repeatedly said no to the search requests. The ACLU alongside the ACLU of North Carolina filed an amicus brief arguing that the search was unconstitutional because Mr. Wright’s eventual “consent” was the result of police coercion. Our brief urges the court to consider the totality of the circumstances that make one more susceptible to coercion, including race and poverty. -
News & CommentaryDec 2024
Criminal Law Reform
Disability Rights
Incarceration Should Not be a Death Sentence for Individuals Who Use OpioidsIncarceration Should Not be a Death Sentence for Individuals Who Use Opioids
New litigation centered on increasing access to substance-use disorder treatment in jails and prisons is helping to reduce mortality rates among incarcerated individuals.