The U.S. president, Donald Trump, has once again drawn scrutiny for his erratic tariff policies. This time, the administration is cloaking new import taxes in the language of a moral campaign against forced labour. But critics argue the claim is little more than a pretext. The strategy echoes a well-worn playbook, using trade rules as a cover to advance economic interests, with the added twist of a supposed ethical justification.
The assertion that these tariffs target forced labour is being dismissed as disingenuous by legal experts and opponents. The pattern of which goods are being taxed mirrors previous Trump-era levies based on trade imbalances. This raises doubts about the true motivation. The U.S. Supreme Court already ruled against similar tariffs in the past, yet Trump persists, pushing forward despite ongoing legal battles and growing international criticism.
China's Absence from the Tariffs
Notably absent from the new tariffs is China, a country frequently accused of exploiting forced labour in its rare earth and critical mineral industries. If the administration truly aimed to eradicate such practices, one would expect a tougher stance toward China. Instead, Beijing has so far avoided direct confrontation, likely recognizing its leverage in global supply chains. The U.S. has been reluctant to challenge a trade partner with the power to retaliate, revealing the political calculus behind these moves.
The issue of forced labour in the U.S. is also glaringly unaddressed. The 13th Amendment to the U.S. Constitution contains a loophole that allows involuntary servitude as punishment for crime. This legal gray area has enabled the widespread use of prison labor, especially in the American South. Today, less than a quarter of U.S. states fully ban forced labor. Given that the U.S. holds 25% of the world's prison population despite having only 5% of the global population, this issue cannot be ignored.
A 2005 study by Michael Poyker highlights the scale of the problem. At that time, nearly 1.4 million prisoners were employed, with approximately 600,000 working in manufacturing alone — a significant 4.2% of the total manufacturing workforce. These figures, while from two decades ago, suggest the system has deep roots. For a fuller understanding of the U.S. prison labor system, the documentary 13th by Ava DuVernay offers powerful insights into the racial and historical dimensions of this issue.
tariffs. The EU law mandates that goods produced using forced labor — including through subcontractors — cannot be imported into the bloc. The directive reflects a more robust, systemic approach than what the U.S. has taken. Yet, the U.S. Secretary of Commerce, Howard Lutnick, had previously criticized the EU's efforts, calling them burdensome for American firms. Now, as the U.S. imposes tariffs, the EU is urged to take a firm stand.
EU's Stronger Approach and Retaliation Threat
The EU could retaliate by imposing tariffs on goods from U.S. states that rely heavily on prison labor. Leading American companies, including Burger King, Cargill, and Walmart, are among those reportedly sourcing from such states. By doing so, the EU could not only challenge Trump’s trade practices but also shed light on the issue at home, prompting greater transparency and reform within the U.S.
Trump’s argument for tariffs against Canada invokes a provision of the Smoot-Hawley Tariff Act of 1930, a law that allowed the U.S. to respond to discriminatory trade policies. However, the WTO operates on the principle of non-discrimination, a core value that Trump’s policies have repeatedly violated. In this case, Canada had already imposed retaliatory tariffs on U.S. goods in response to previous discriminatory measures. The latest dispute underscores a deepening rift and a pattern of rule-breaking.
Economic Impact and Trade War Consequences
The administration’s claim that the tariffs protect U.S. workers ignores the broader economic impact of trade restrictions. Tariffs are essentially a tax on consumers, raising prices and stifling competition. Trump's trade wars have failed to bring manufacturing jobs back to the U.S. In fact, manufacturing employment has declined by 75,000 since his second term began, while it saw an upward trend under President Joe Biden. The evidence suggests these policies have done more harm than good, both to consumers and to the nation's standing in global markets.
As the legal and economic battles continue, the hypocrisy of using forced labour as a cover for protectionist trade is becoming more obvious. With the EU and others scrutinizing U.S. practices, the pressure for accountability could grow. Yet for now, Trump remains unshaken, relying on tactics that defy international law and undermine the very principles he claims to defend.