James Talarico, the Democratic nominee for U.S. Senate in Texas, is facing fresh scrutiny over a resurfaced 2020 interview in which he tied school disciplinary practices to the philosophy behind criminal justice reforms he hoped to advance in the state legislature. In the interview, Talarico praised the formation of a bipartisan criminal justice reform caucus in the Texas House and argued that moving away from a «tough-on-crime» approach toward a «smart-on-crime» approach should extend into classrooms.
«I’m recently excited about the formation of a bipartisan criminal justice reform caucus in the Texas House with prominent Democrats and prominent Republicans who understand that we have to move away from a tough-on-crime approach to a smart-on-crime approach, and that, I think, filters down to our schools,» Talarico said in the interview, which has drawn renewed attention as his general election campaign against Republican Ken Paxton heats up.
Talarico elaborated on how those principles would shape education policy, describing efforts beginning in elementary school to pursue «restorative practices» aimed at rehabilitating students dealing with trauma, feeling unsafe, or harming a classroom community. The approach, often called restorative justice, focuses on how student behavior has harmed others and how to make amends, rather than relying primarily on punitive measures such as suspension or expulsion.
Texas Appleseed, a group that promotes «social, economic and racial justice» and has submitted definitions of restorative justice to lawmakers, describes the practice as a way to build community and strengthen student-school connections. Talarico argued that allowing students to repair harm is «a lot more rigorous and a lot more effective» than removing them from the classroom.
While serving in the Texas legislature in 2021, Talarico introduced House Bill 62, which sought to steer schools away from in-school suspension, out-of-school suspension, and placement in alternative education programs. The bill stalled in committee and never became law.
His statements have drawn pushback from Republican lawmakers, particularly in the aftermath of the 2022 Uvalde school shooting. State Rep. Steve Toth, a Republican, acknowledged that not every student infraction warrants jail time but insisted that consistently violent students must be removed from classrooms for the safety of others. «If you’ve got a kid that is violent and is consistently violent, and they’ve been violent toward other children and teachers, then we either have to reach that kid or we have to remove that kid. They shouldn’t be in the classroom. Period,» Toth said.
Talarico’s views on restorative justice align with his broader statements about criminal justice and social programs. In a 2022 speech at a graduation ceremony for incarcerated students, he said that redirecting half of what the country spends on wars, prisons, and policing toward education, health care, and jobs could make prisons obsolete. He went further in that speech, describing prison itself as a form of violence. «Poverty is violence. Pollution is violence. And yes, prison is violence,» he said, adding that he was not asking listeners to join the system but to change and dismantle it.
Talarico’s campaign pushed back against the notion that his past remarks indicate weakness on public safety. Campaign spokesperson JT Ennis said Talarico joined the bipartisan criminal reform caucus because, as a former public school teacher, he cares about keeping Texas students safe. Ennis noted that Talarico has passed legislation to deny bail for violent criminals, crack down on violent felons, and direct billions of dollars to law enforcement.
Ennis contrasted Talarico’s record with that of Paxton, accusing the former attorney general of abusing his office to benefit wealthy donors and allowing criminals back on the street. «Even Ken Paxton’s fellow Republicans have blasted his public safety record: more murders, soft on human trafficking, and pedophiles walking free,» Ennis said.
Talarico secured the Democratic nomination after clearing the primary and will face Paxton in the Nov. 3 general election.