Below: A Small Portion of the Elizabeth Warren Campaign Plan for USDA Civil Rights & More

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Addressing Discrimination and Ensuring Equity for Farmers of Color | Elizabeth Warren

DISMANTLING THE “LAST PLANTATION” 

USDA has a long history of discriminatorily administering farm programs and then undermining the claims of those who dare to call it out, leading many of the farmers harmed by this misconduct to call the agency the “last plantation.” This history has been thoroughly and officially documented for decades, but still, administration after administration has failed to sufficiently address the problem. Tackling the legacy of discrimination against Black farmers and advancing a new generation of diverse farmers will be a top priority of a Warren USDA. That’s why I will immediately adopt structural changes to protect civil rights in USDA for farmers, farmworkers, and employees alike.

Stop USDA from letting itself off the hook for civil rights complaints.USDA’s Office of the General Counsel (OGC), which represents USDA as legal counsel, has a history of unlawfully inserting itself in the civil rights complaint process. This is a flagrant conflict of interest – and a violation of federal law. I will direct the Secretary of Agriculture to conduct rigorous oversight over OGC to stop it from squashing complaints, and I will make sure every senior official in OGC is committed to defending the civil rights of Black farmers and other marginalized farmers. 

Address discrimination in the local administration of farm program resources. Local entities such as the Farm Security Administration (FSA) county committees have a long history of discrimination in administering farm program resources. I will use federal power under Title VI of the Civil Rights Act to fully and independently investigate claims of discrimination within FSA county committees and withhold federal funding where discrimination is found, building on past successes in desegregation.

Reopen OASCR complaints that have been time-barred due to agency negligence. During the George W. Bush administration, 14,000complaints of discrimination were filed with OASCR. However, from 2001-2008, only one of those complaints was found to be meritorious. Under President Obama, the Assistant Secretary of Civil Rights ordered a full review of these cases and found 3,800 cases that could be meritorious. Unfortunately, for 80% of those cases the statute of limitations had already lapsed, leaving the farmers unable to receive relief. I will work with Congress to relax the statute of limitations for those complaints, so that the farmers can finally get the relief they were entitled to under the law.

Protect heirs’ property owners. One commonly used mechanism of exploitation is the forced sale of land held as “heirs’ property.” While heirs’ property sales are not the only factor contributing to black land loss, they have been a reliable means of exploitation due to the unstable nature of heirs’ property ownership and its widespread use across the South. Even today, heirs’ property is estimated to make up more than a third of black-owned land in the South. Similarly, it is estimated that Latinx communities in the Southwest have lost over a million acres of property under partition sales, and a new generation of Latinx farmers are at risk today. I will establish programs to assist heirs’ property owners and make sure they retain access to their land, including building on successes in the 2018 Farm Bill to allow heirs’ property owners to not only access USDA programs, but also other federal programs in FEMA and HUD. I will also fully fund the relending program enacted in the 2018 Farm Bill to expand support services for farmers of color, including legal and technical assistance to help farmers hold on to their land – and prioritize lending organizations operating in states that have enacted model legislation that protects heirs’ property ownership.

Black farmers, researchers, and advocates have spent decades calling out the history of discrimination and fighting for change. I have been fortunate to learn from their experiences and am inspired by their resolve. By rooting out structural racism in our current system and incorporating the voices of those who have been the most impacted, we will build a new farm economy that is truly open to all.

Black farmers say Warren’s plan wouldn’t solve their biggest problem - The Washington Post