WASHINGTON — Youth incarceration rates have risen for the second consecutive year, with Black, Latino and Tribal youth facing disproportionately high rates of confinement, according to a series of briefs released by The Sentencing Project. The findings, drawn from the Office of Juvenile Justice and Delinquency Prevention’s 2023 data, highlight what researchers describe as a “disturbing resurgence” in youth incarceration occurring alongside calls from the Trump administration to further criminalize youth.
The reports document the first back-to-back annual increase in the one-day count of youth incarceration since 2000. “These numbers are not just data — they represent tens of thousands of young lives derailed by a system that continues to punish rather than support,” said Josh Rovner, senior research analyst at The Sentencing Project.
The data show that 46% of incarcerated youth are Black, despite Black youth making up only 15% of the U.S. youth population. Black youth are also 5.6 times more likely to be incarcerated than white youth, and the Black-white disparity grew by more than 10% in 23 states. Nebraska recorded the highest Black youth incarceration rate, the second-highest disparity and the third-fastest-growing gap over the past decade, while West Virginia ranked second in Black youth incarceration.
For Latino youth, disparities remain significant. In 11 states, Latino youth are at least twice as likely to be incarcerated as white youth, with disparity rates growing more than 10% in 13 states over the past decade. West Virginia topped the list for Latino youth incarceration, and in states such as Connecticut, Massachusetts, New Jersey, Utah and South Carolina, Latino youth were at least three times more likely to be in placement than white peers.
Tribal youth are nearly four times as likely as white youth to be incarcerated. In Minnesota, North Dakota, South Dakota and Wisconsin, Tribal youth were at least 10 times more likely to be held in placement. South Dakota leads the nation in Tribal youth incarceration and ranks third for fastest-growing disparities, while Minnesota holds the highest Tribal-white disparity rate nationally.
The Sentencing Project warns that rising incarceration, particularly among youth of color, will worsen cycles of trauma and inequality. “Despite calls from the Trump administration yesterday to lock up more children, research shows that over-incarcerating our youth won’t deter crime — it only deepens cycles of trauma and inequality, harming families and communities alike,” Rovner said.
The group advocates for policy changes that replace punitive practices with alternatives focused on rehabilitation, emphasizing that “systemic biases and ill-informed policy choices” continue to drive these disparities.
Click below to read each brief:
Black Youth Incarceration
Latino Youth Incarceration
Tribal Youth Incarceration
From article: “In Minnesota, North Dakota, South Dakota and Wisconsin, Tribal youth were at least 10 times more likely to be held in placement. South Dakota leads the nation in Tribal youth incarceration and ranks third for fastest-growing disparities, while Minnesota holds the highest Tribal-white disparity rate nationally.”
How does the tribal justice system work, and how intertwined is it with the non-tribal (U.S.) system?
I do know that they have their own police forces, at times. We saw an example of that in regard to how they reacted to a protestor blockade of a road on the way to Burning Man. Let’s just say that they haven’t received the “woke” memo, regarding that.
In any case, is the implication here that the U.S. is responsible for how “sovereign nations” manage their own justice systems?
And how funding does the U.S. government provide to tribal justice systems? (Essentially a form of “foreign aid” – as is all of the other aid provided to tribes and their members.)
If they’re going to refer to themselves as “sovereign nations”, then maybe they have to take responsibility for that, as well. Needless to say – they don’t.
I don’t believe they are talking about data from a Tribal law system – https://www.sentencingproject.org/app/uploads/2025/08/Tribal-Disparities-in-Youth-Incarceration.pdf
Well, if that’s the case – then they’re referring to tribal members who commit crimes “off” their own reservations, right? Possibly in “addition to” whatever crimes they’re committing on the reservation?
I suspect there’s intertwining of the systems, in ways that may be complicated.
I’m still wondering when these sovereign nations will actually function as such. It would be interesting if they funded and created their own military for example, wouldn’t it?
Googled it: approximately 13% of people identifying as American Indian or Alaska Native (AI/AN) live on reservations or tribal lands, while the remaining 87% live in urban areas
The article refers to “tribal” members – not necessarily those with “American Indian or Alaska Native” heritage.
There’s LOTS of people with native heritage who aren’t members of a given tribe. (In fact, tribes PREVENT some of those people from claiming membership. You can’t just show up on their doorstep and claim to be a member of a tribe.
It would be interesting to see how the various tribes establish/restrict membership. They’re essentially private clubs.
Yes, the first step is to have the right skin color, but that’s not the only requirement.
Oi!
RO, “You can’t just show up on their doorstep and claim to be a member of a tribe.”
You can if you’re Jewish :-|
For a pretty accurate portrayal of one tribe’s culture, traditions and relation to it’s police force, I highly recommend the TV series “Dark Winds”. Though dramatized of course, it captures the spirit of that area and is respectful. I can vouch to the degree a non-native can vouch as I’ve spent time there among the Dineh people.