The United States touts itself as a world leader, and we certainly are, but boy do we miss the mark in equitable treatment of our people.
No nation is perfect, but there are some countries that are far fairer in the treatment of their people than the United States. In the areas of education and criminal justice, the United States has often gotten it wrong, especially relative to the latter.
Back in 2000, a very discriminatory law took effect that denied government grants and loans to people with drug offenses, both misdemeanors and felonies. In 2005, Congress revised the law that stated only people enrolled in school and receiving federal assistance at the time of their offense were disqualified. Under the law, anyone who files the Free Application for Federal Student Aid (FAFSA) is asked if they have been convicted of a drug offense “while they were receiving federal student aid.” If those individuals answer yes, they must then complete what analysts say is a very confusing application to determine further eligibility. The 2005 version of the law is still in place, but unfortunately it deters students from applying, the students simply give up or — in many cases — the students are denied because they were honest about their offense on the FAFSA form. The law also fails to safeguard people who commit drug offenses (distribution, addiction, etc.), before they attend college, including minors.
Those who are ineligible to receive federal assistance remain ineligible for various periods of time, up to permanent exclusion. The problems with this law are multifaceted. For starters, when the initial law was introduced in the late 1990s, there was hysteria centered around the war on drugs. During that time, members of Congress believed the main perpetrators of drug offenses were primarily poor minority people who resided in poor, minority-populated neighborhoods. Because of this unfair bias, there was and still is an influx of disproportionate arrests and sentencing of people of color, with the most frequent victims being African-Americans.
People make mistakes. And while wrong is wrong and everyone should be punished for their wrongdoings, it is the responsibility of the government — local and national elected officials — to ensure the crime warrants the punishment. Preventing drug offenders the opportunity to better themselves through obtaining a college education is unfair, and it does nothing to combat recidivism.
Here’s an example of how such a ludicrous law can have long-term negative effects on people, even after they pay their debt to society through incarceration: John Doe is arrested at 17 years old for possession of marijuana. Although Doe was an above-average student in high school, he lacked leadership skills and self-confidence, so when his peers encouraged him to use marijuana, he did. Doe’s charge was classified as a misdemeanor, and he spent three months in juvenile detention before being released on probation. Doe always had plans to go to college, but because of his family’s limited income, the only way he’d be able to afford college was through student loans and federal grants. However, since Doe made a bad decision as a teenager, he can no longer qualify for grants or loans. His dream of attending college is put off indefinitely, because he can’t get federal assistance, nor has he been successful in finding a job due to his recent incarceration.
What is John Doe to do?
How can he work toward a successful bid at reforming his life if he has so many obstacles that prevent him for moving forward?
How long will John Doe try to stay on the right path before, in his mind, he is left with no other options than to sell drugs, rob, steal or simply do nothing while expecting someone else to meet his needs?
The unfortunate reality is there are millions of people like my fictional John Doe. Sadly, they never get a shot at quality reform because of the existing barriers to success.
Studies show that in the 16 years the law has been in effect, more than 200,000 potential students have been denied financial aid. There is no data to determine the number of students deterred from applying to college at all because of this draconian law, but the estimates are in the millions.
Imagine how much further along America could be if this law had never been established. For starters, there would be fewer crimes and a more robust and healthier economy. However, all hope is not lost, as there are bipartisan bills currently in the House and Senate that would repeal the law. Two lawmakers at the forefront of this movement are U.S. Sen. Bob Casey, D-Pa., and Sen. Orrin Hatch, R-Utah.
It is encouraging to see members of both political parties working to denounce such an unjust law. Prayerfully, this is the beginning of the end to blatant discriminatory practices that hurt individuals, our communities and, ultimately, this country.
