 What is human Trafficking?Trafficking in persons, also known as "human trafficking" is a form of modern-day slavery. An estimated $7-$10 billion global industry, trafficking affects virtually every country as a source, transit, or destination location. Anywhere from 700,000 to 4 million persons worldwide are trafficked across or within national borders every year. According to recent U.S. government estimates, 18,000-20,000 persons are trafficked into the United States each year for purposes of sexual exploitation or forced labor. Victims of human trafficking have been in both rural and urban areas of the United States.
Who is Trafficked?Women, men, and children are victims of trafficking worldwide. Viewed as valuable commodities in the sex trade or labor industry, vulnerable individuals are targeted by traffickers poised to exploit their desperation, misfortune, or ignorance. They may fall victim to false promises of employment opportunities and a better life, or they may be abducted or sold outright by families who themselves are in need of money or hope to provide a better life for their children. Potential victims are at even greater risk when they originate from countries experiencing political and economic instability, internal displacement, militarism, civil unrest, internal armed conflict, or natural disasters. Generally, ethnic minorities or lower class groups are more vulnerable to trafficking, and certain social and cultural practices further render women and children in particular susceptible to trafficking. Additionally, victims of trafficking come from diverse demographic, cultural, and linguistic backgrounds and have different trafficking histories that require individualized, culturally sensitive, and linguistically appropriate service provision. Who are the traffickers?Traffickers wear many different faces including the following: members of organized criminal networks, freelancers, relatives, neighbors, friends, village chiefs, community leaders, shop owners, employers, diplomats, and agricultural business operatives. Traffickers use threats, intimidation, and violence, as well as deception and trickery, to force or lure victims to engage in commercial sex acts, services, or labor under slavery-like conditions. What Is the difference between smuggling and trafficking?Smuggling involves the illegal movement of consenting people across a national border for financial or material remuneration. The relationship between the smuggler and the migrant generally ends upon arrival at their destination. Trafficking, on the other hand, involves the ongoing exploitation of victims who are forced to work against their will. Victims of trafficking either never consented or their initial consent is considered "irrelevant" due to the coercive, deceptive, or abusive actions of the traffickers. Whereas smuggling invariably entails the crossing of a national border, trafficking can also occur internally and affect U.S. citizens who are held in slavery-like conditions. Does U.S. Federal Law prohibit trafficking?Yes. The Thirteenth Amendment to the U.S. Constitution outlaws slavery and involuntary servitude (condition of servitude in which the victim is forced to work by the use or threat of physical force). The passage of the Trafficking Victims Protection Act (TVPA) in October 2000 marks the most comprehensive U.S. law to address the various aspects of human trafficking both internationally and domestically. The TVPA aims to combat human trafficking by establishing measures to prevent trafficking, to protect and assist its victims, and to prosecute traffickers. As of June 2003, about 450 victims of trafficking had accessed immigration relief. What are the various forms of trafficking recognized by the TVPA?The TVPA defines "severe form of trafficking in persons" as: a. Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such an act has not attained 18 years of age. OR b. The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. The TVPA only recognizes sex trafficking and labor trafficking, which include force, fraud, or coercion (exception for minors). Trafficking victims can be found in a wide range of industries including but not limited to: brothels, domestic service, agricultural fields, construction sites, hotels, factories, sweatshops, and restaurants. Is immigration relief available to victims of severe forms of trafficking without immigration status?Yes, the availability of relief is determined by the individual circumstances surrounding the victimization and the specific eligibility requirements of the type of relief sought. The victim (or legal representative acting on his or her behalf) will need to apply for immigration relief or benefits with the Bureau of Citizenship and Immigration Services (BCIS). Victims or service providers working with victims of trafficking should consult with a qualified immigration law practitioner for advice concerning the full range of benefits for which victims of trafficking may be eligible. Can victims of severe forms of trafficking access benefits and services?Certification Process. After consultation with the U.S. Department of Justice (DOJ), the U.S. Department of Health and Human Services/Office of Refugee Resettlement (ORR) has the authority to certify an adult victim of a severe form of trafficking who (1) is willing to assist in every reasonable way in the investigation and prosecution of trafficking cases AND (2) has made a bona fide application for a T visa OR is a person whose continued presence the Attorney General is ensuring to effectuate the prosecution of traffickers. Certified victims of trafficking are eligible, regardless of immigration status, for federal and state benefits to the same extent as refugees. This includes economic and social assistance, medical care, employment services, and skills training. Provided that they meet specific program requirements, certified victims may be eligible for food stamps, SSI, Temporary Assistance to Needy Families, Medicaid, Matching Grant Program, Unaccompanied Minors Program, and Refugee Cash Assistance. Victims of severe forms of trafficking are eligible for the Florida Freedom Partnership's comprehensive program. Minors (under 18 years old) who have been subjected to severe forms of trafficking do NOT need to be certified in order to receive benefits. At this time, ORR is issuing eligibility letters (similar to certification letters) stating that the child is a victim of a severe form of trafficking and is therefore eligible for benefits to the same extent as a refugee. What are the service needs of the victims of Trafficking?
How many victims of trafficking respond after having experienced trauma?Individuals that have had their usual coping abilities overwhelmed may experience post-traumatic stress disorder, physical deterioration, and memory impairment. Post-traumatic stress disorder, which is a life disrupting re-experiencing of an event which lasts longer than one month, can lead to depression, lack of appetite, anxiety, rage, and fatigue among other responses. When a person experiences trauma, his or her body will most likely respond by creating the chemistry to fight, flee, or freeze. The stress hormones may shunt blood away from body systems that are unneeded for the danger response, such as the gastrointestinal or reproductive systems. The entire body may be impacted by the trauma, and a holistic approach is required. Interventions that focus both on the victim of trafficking's mind and body are crucial to healing. The clinical intervention utilized must address integrating the traumatic memory, as full recovery from the experience is only possible once full awareness of what happened has occurred. What are some special considerations when working with victims of trafficking?Trafficking is, by its very nature, unpredictable. Victims can surface in any community or location without warning, numbering anywhere from one individual to groups of a hundred victims or more. The needs of victims of trafficking are often distinct, severe, and extensive. Victims of trafficking are typically held in slavery-like conditions, imprisoned or restricted, beaten, threatened, sexually assaulted, intimidated, and isolated while forced into prostitution, domestic service, or other labor situations. Exposure to these conditions can give rise to complex medical, psychological, immigration, legal, and social service needs that are not only intensive but also potentially long-term. Security risks can arise within the trafficking context, as victims are involved in the investigation and prosecution of trafficking cases. Moreover, victims may fear reprisals against themselves or their family members, or fear removal from the U.S. to countries where they can face additional hardships, retribution, or alienation. No single agency can meet all the needs of trafficking victims. Services must be mobilized and coordinated to respond to the varied logistical, health, psychosocial, vocational, legal, criminal justice, protection, cultural, and linguistic needs of victims of trafficking. Law enforcement officials running the gamut from the FBI, the US Attorney's office, the Justice Department Civil Rights Division, the Bureau of Immigration and Customs Enforcement, and the Labor Department may become involved. It is important to develop these relationships before a victim of trafficking needs services. Adapted from materials by the International Rescue Committee |
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