TRAFFICKING IN
PERSONS
A GUIDE FOR
NON-GOVERNMENTAL ORGANIZATIONS
2002
TRAFFICKING IN
PERSONS
A GUIDE FOR
NON-GOVERNMENTAL ORGANIZATIONS
What is trafficking in persons?
Trafficking in persons - also known as "human trafficking" - is a form
of modern-day slavery. Traffickers often prey on individuals who are poor,
frequently unemployed or underemployed, and who may lack access to social
safety nets, predominantly women and children in certain countries. Victims are
often lured with false promises of good jobs and better lives, and then forced
to work under brutal and inhuman conditions.
Under federal law, the technical term for modern-day slavery or coerced
labor is "severe forms of trafficking in persons." "Severe forms of trafficking
in persons" is defined as 1) 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 is under 18; or 2) 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 subjecting that person to
involuntary servitude, peonage, debt bondage, or slavery. Many trafficking
victims are forced to work in the sex trade. However, trafficking can also take
place in labor situations such as domestic servitude, labor in a prison-like
factory, or migrant agricultural work. Whether or not an activity falls under
the definition of trafficking depends not only on the type of work victims are
made to do, but also on the use of force, fraud, or coercion to obtain or
maintain that work. There is one exception, however. Trafficking covers the use
of minors for commercial sexual activity even if there is no force, fraud, or
coercion. Trafficking also covers people who are held against their will to pay
off a debt; this is known as peonage. A victim's initial agreement to travel or
perform the labor does not allow an employer to later restrict that person's
freedom or to use force or threats to obtain repayment.
Trafficking victims can be foreign nationals. They can also be native
U.S. citizens, especially those who are particularly vulnerable, such as
juvenile runaways or the homeless.
What do we know about human trafficking victims in the
United States?
The full dimensions of the problem of human trafficking are difficult to
measure. We do know, however, that human trafficking is a major source of
profit for organized crime syndicates, along with trafficking in drugs and
guns. The scope of the problem in the United States is serious: Congress
estimates that approximately 50,000 women and children are trafficked into the
United States annually.
Victims are often lured into trafficking networks through false promises
of good working conditions and high pay as domestic workers, factory and farm
workers, nannies, waitresses, sales clerks, or models. Once in this country,
many suffer extreme physical and mental abuse, including rape, sexual
exploitation, torture, beatings, starvation, death threats, and threats to
family members. It is believed that most victims who are trafficked are
isolated and remain undetected by the public because 1) the strategies used by
the perpetrators isolate victims and prevent them from coming forward, and 2)
the public and the victim service providers have only recently become aware of
this issue and may not be familiar with how to recognize or respond to
trafficking victims.
Are there federal laws that prohibit trafficking in persons?
Yes. The Thirteenth Amendment to the U.S. Constitution outlaws slavery
and involuntary servitude (holding another in service through force or threats
of force). The Victims of Trafficking and Violence Protection Act of
2000 ("VTVPA"), Pub. L. No. 106-386, effective October 28, 2000,
supplements existing laws that apply to human trafficking including those
passed to enforce the Thirteenth Amendment. It also establishes new tools and
resources to combat trafficking in persons, and requires an array of services
and protections for victims of severe forms of trafficking. Under the VTVPA,
federal felony criminal offenses that may apply to trafficking in persons
include slavery and peonage, sex trafficking in children and adults, and the
unlawful confiscation of a victim's documents. The law applies to victims
physically present in the 50 states of the United States, the District of
Columbia, the Commonwealth of Puerto Rico, the U.S. Virgin Islands, American
Samoa, Guam, and the Commonwealth of the Northern Mariana Islands.
In addition to the severe forms of
trafficking listed in the VTVPA, there are other existing statutes that may be
applicable in particular cases. These include the crimes of 1) human smuggling,
2) kidnapping, 3) transportation for prostitution or any criminal sexual
activity, and 4) importation of aliens for unlawful activities, including
prostitution, organized crime and racketeering, fraud and false statements,
money laundering, and visa fraud.
Traffickers convicted of certain federal offenses under the VTVPA and
other statutes may receive prison sentences of up to twenty years for some
offenses and up to life for others, may be required to pay substantial fines,
and must provide full restitution to victims. They may also be subject to
forfeiture of their property.
What are the services and benefits for which victims of
severe forms of trafficking may be eligible?
Victims of severe forms of trafficking may be eligible for a number of
benefits and services regardless of immigration status. First, the VTVPA allows
victims who are not U.S. citizens to be eligible for certain benefits and
services to the same extent as refugees. To be eligible to receive this
assistance, victims of severe forms of trafficking who are eighteen years or
older must be certified by the U.S. Department of Health and Human Services
(HHS), after HHS consults with the U.S. Department of Justice. HHS must certify
that the victim 1) is willing to assist in every reasonable way in the
investigation and prosecution of severe forms of trafficking in persons, and 2)
has either made a bona fide application for a T visa with the Immigration and
Naturalization Service (INS) or is a person whose continued presence in the
United States the Attorney General is ensuring in order to effectuate
prosecution of traffickers in persons. Victims of severe forms of trafficking
who are under 18 years of age are also eligible for certain benefits to the
same extent as refugees but do not need to be certified.
Second, certain government-funded programs, services, and assistance
that are necessary for the protection of life and safety, such as crisis
counseling and intervention programs for victims of criminal activity,
short-term shelter or housing assistance, and mental health assistance
necessary to protect life or safety, are available to anyone, regardless of
their immigration status.
Victims must be provided reasonable access to translation and
interpretation services. In addition, information about pro bono and
low-cost legal services, including immigration services, is available to
victims of severe forms of trafficking.
Moreover, victims of severe forms of trafficking may be eligible for
other services and benefits that are generally available to federal crime
victims. Federal agencies, such as the Federal Bureau of Investigation (FBI),
the INS, and U.S. Attorneys' offices have victim specialists who assist victims
of federal crimes throughout federal criminal investigations and prosecutions.
Victim specialists ensure that victims receive information about their rights
and referrals to necessary services. Check government listings of your local
telephone directory (often the "blue pages") for your local FBI, INS, and U.S.
Attorneys' offices.
Federal victim specialists can provide the following assistance
to victims of federal crime:
- Information about available protections, especially against threats
and intimidation, and available remedies.
- Information about emergency medical and social services.
- Information about shelter options.
- Referrals to public and private programs available to provide
counseling, treatment, and other support to victims, such as domestic violence
and rape crisis centers.
- Information about a victim's rights and his or her role in the
criminal justice process.
- General information about the status of an investigation and notice
of important case events.
- Information about how to apply for crime victim compensation through
state compensation programs. (These programs reimburse victims for such
crime-related expenses as medical costs, mental health counseling, funeral and
burial costs, and lost wages or loss of support).
- Information about restitution.
- Information about the right to individual privacy and confidentiality
issues.
Is there any immigration relief available for victims of
severe forms of trafficking who lack immigration status in the United
States?
Yes. The availability of relief will be determined by the individual
circumstances surrounding the victimization and the specific eligibility
requirements of the type of relief sought. The victim (or someone acting on the
victim's behalf) will need to contact the INS to be issued immigration
benefits. In order to evaluate individual eligibility for any specific
immigration benefit, victims should seek assistance from a qualified
immigration law practitioner.
- Continued Presence: In order to effectuate prosecution of
traffickers, eligible victims who lack legal status but who are potential
witnesses of such trafficking may receive temporary immigration relief under
the continued presence provisions of Section 107(c) of the VTVPA. Only a
federal law enforcement agency may petition the INS for continued presence. INS
has the discretion to utilize one of several statutory and administrative
mechanisms to authorize the continued presence of victims of severe forms of
trafficking. Some of the mechanisms available to the INS for this purpose
include parole, suspension of removal, and deferred action.
- T Visa: T visas may be available to victims of severe forms of
trafficking who have complied with any reasonable requests for assistance in
the investigation or prosecution of acts of trafficking. However, minors under
the age of 15 do not have to comply with such requests in order to be eligible
for a T visa. In addition, a victim of a severe form of trafficking is eligible
to receive a T visa only if he or she is physically present in the United
States, American Samoa, the Commonwealth of the Northern Mariana Islands, or at
a port of entry on account of such trafficking, and if he or she would suffer
extreme hardship involving unusual and severe harm upon removal.
- U Visa: U visas are available to aliens who have suffered substantial
physical or mental abuse as a result of being the victims of certain crimes
designated by the VTVPA - including trafficking - that violate federal, state,
or local laws or have occurred while in the United States (including in Indian
country and military installations) or its territories or possessions. To be
eligible for a U visa, the victim must possess information concerning the crime
and the U visa petition must include a certification from a government official
(as listed in the statute) stating that the victim is helping, has helped, or
is likely to be helpful in the investigation or prosecution of the crime.
Recipients of both the T and U visas are eligible for employment
authorization and, may, after three years adjust their status to that of lawful
permanent resident in accordance with federal law and INS regulations. In
appropriate circumstances, these visas may be available to family members of
the victim. By statute, only 5,000 T visas and 10,000 U visas may be issued to
victims annually. These limits do not apply to family members.
Victims may also be sponsored or apply for other immigration benefits
for which they may be eligible, such as an S visa or asylum. Victims should
consult with a qualified immigration law practitioner for advice concerning the
full range of benefits for which they may be eligible. For more information,
please contact the INS or the toll-free Trafficking in Persons and Worker
Exploitation Task Force complaint line at (888) 428-7581
(voice and TTY) or your local U.S. Attorney's office.
Can victims of severe forms of trafficking legally work in
the United States?
Once again, the answer depends upon the victim's individual
circumstances. Under the trafficking law, victims of severe forms of
trafficking may be eligible to obtain an employment authorization document that
allows them to work legally in the United States. Work authorization can only
be granted in conjunction with either the continued presence provisions of the
VTVPA or other forms of status issued by INS. Because of the complex nature of
immigration law, victims should consult with a qualified immigration law
practitioner.
What are some sources of help for victims of severe forms of
trafficking who are looking for work?
For help in finding a job, victims can obtain free services from career
centers - called One-Stop Career Centers - in communities all over the United
States. Staff at these centers will be able to identify the victim's specific
educational, vocational, and social services needs that will enable them to
become job-ready. To obtain information about the nearest center, call
(877) USA-JOBS. The information is also available on-line
through America's Service Locator at http://www.servicelocator.org.
If victims are denied jobs because employers will not accept their
employment documents, they should contact the Office of Special Counsel for
Immigration-Related Unfair Employment Practices' toll-free hotline at
(800) 255-7688 / TDD (800) 237-2515. Employers who refuse to
accept valid documents may be committing unlawful discrimination.
What are some of the federal laws that protect the wages and
working conditions of employees in the United States, including victims of
severe forms of trafficking?
The Wage and Hour Division of the U.S. Department of Labor's Employment
Standards Administration is responsible for the administration and enforcement
of a wide range of laws that collectively cover most employment. These labor
laws, including the Fair Labor Standards Act and the Migrant and
Seasonal Agricultural Worker Protection Act, establish minimum standards
for wages and working conditions in the United States. These laws carry both
civil and criminal penalties.
All of the laws administered by the Wage and Hour Division are
applicable without regard to immigration status. These laws cover a range of
conditions, including: the minimum wage; overtime; the minimum age of
employment; and standards for migrant and seasonal farm workers regarding
wages, housing, and transportation. In addition, the field sanitation standard
of the Occupational Safety and Health Administration requires that covered
employers provide toilets, potable drinking water, and hand-washing facilities
to hand laborers in the field.
If workers think their rights under any of the labor laws
described above have been violated, how can they file a complaint with the Wage
and Hour Division?
They can contact the Wage and Hour Division by dialing a toll-free help
line at (866) 487-9243. A customer service representative can
refer complaints to appropriate offices for further action. Wage and Hour staff
will review the merits of the complaint, and, where appropriate, attempt to
resolve the complaint with the employer. Where a violation has been found,
remedies available to a worker may include payment of back wages and employment
reinstatement. All complaints are confidential, to the extent permitted by law,
except when it is necessary to reveal the worker's identity, with his or her
permission, to pursue an allegation. It is illegal for an employer to
intimidate, threaten, fire, or in any other manner discriminate against a
worker for filing a complaint.
How can the U.S. Government help you assist victims of
severe forms of trafficking?
If you have helped a trafficking victim escape, or are aware of someone
who is a victim of trafficking, the Trafficking in Persons and Worker
Exploitation Task Force can help coordinate the victim protection services set
forth in this brochure, while moving to prosecute the traffickers. Call the
toll-free Trafficking in Persons and Worker Exploitation Task Force complaint
line at (888) 428-7581 (voice and TTY) to report a human
trafficking situation. This toll-free line is staffed by personnel who have
access to interpreters and can speak with callers in many languages. Complaint
line staff handle initial reports of trafficking situations, refer cases to
prosecutors and investigators, and direct victims or their advocates to
appropriate services and assistance.
The VTVPA authorizes the Justice Department to make grants to states,
Indian tribes, units of local government, and nonprofit, non-governmental
victim service organizations to develop, expand, or strengthen victim service
programs for victims of trafficking. The Department of Justice's Office for
Victims of Crime (OVC) and the National Institute of Justice are currently
funding programs, using limited grant monies not appropriated under the VTVPA.
For example, in October 2000, OVC funded a California-based organization to
conduct a demonstration project to work with victims of slavery and trafficking
in persons in Los Angeles. Information about grants can be obtained from the
Department of Justice's Office of Justice Programs' website (http://www.ojp.usdoj.gov) or the OVC
website (http://www.ojp.usdoj.gov/ovc/).
Furthermore, you can contact the OVC Resource Center at (800)
627-6872 to find out about publications that may be available to
assist you in working with trafficking victims.
The Office of Refugee Resettlement (ORR) at HHS provides victims of
severe forms of trafficking certifications (for those 18 and older) and
determinations (for minors) which enable these victims to receive certain
benefits and services to the same extent as refugees. ORR also works with state
refugee agencies to help victims apply for these benefits and services. You can
contact ORR at (202) 401-9246.
The National Domestic Violence Hotline ((800) 799-SAFE)
provides information on and access to local services that assist domestic
violence victims. (Calls are answered in English and Spanish, and translation
is available in 139 languages. Hotline assistance may also be accessed via TTY
for the Deaf at (800) 787-3224.)
How can victims receive assistance if they are not
proficient in English?
The toll-free Trafficking in Persons and
Worker Exploitation Task Force complaint line is staffed by personnel who have
access to interpreters and can speak with callers in many languages.
How can you assist the U.S. Government in working to
eliminate human trafficking?
Qualified non-governmental organizations who are interested in providing
pro bono or low cost legal services or social services for victims of
human trafficking may contact the toll-free Trafficking in Persons and Worker
Exploitation Task Force complaint line at (888) 428-7581
(voice and TTY) to be included in the list of service organizations to be
provided to victims.
RESOURCES
Child Exploitation and Obscenity Section/ Criminal Division U.S.
Department of Justice 1400 New York Avenue, NW Washington, DC
20530 (202) 514-5780 Website: http://www.usdoj.gov/criminal/ceos
***
Criminal Section/ Civil Rights Division U.S. Department of
Justice 950 Pennsylvania Avenue Washington, DC 20530 (202)
514-3204 Website: http://www.usdoj.gov/crt/crim/index.html
***
Executive Office for United States Attorneys U.S. Department of
Justice 950 Pennsylvania Avenue, NW, Room 2244A Washington, DC
20530-0001 (202) 514-1023
Website: N/A
The Executive Office for United States Attorneys can help you identify
your local United States Attorney's office.
***
Immigration and Naturalization Service District Offices
Website: N/A
***
National Domestic Violence Hotline: (800) 799-SAFE, (800) 799-7233 or
(800) 787-3224 (TTY for the Deaf)
***
Office of the Under Secretary for Global Affairs U.S. Department of
State 2201 C Street, NW Washington, DC 20520 (202) 647-6240 (202)
647-0753 (fax)
***
Office for Victims of Crime U.S. Department of Justice 810 7th
Street, NW Washington, DC 20531
The OVC Resource Center provides many tools you may find useful. Ask for
assistance by calling (800) 627-6872 / TTY (877) 712-9279). OVC has an
18-minute video entitled "Victims of Trafficking: Far From Home and
Helpless."
***
Office of Refugee Resettlement U.S. Department of Health and Human
Services 370 L'Enfant Promenade, SW ORR / 6th Floor East Washington,
DC 20447 (202) 401-9246
Website: http://www.acf.hhs.gov/programs/orr/about/index.htm
***
Office of Special Counsel for Immigration- Related Unfair Employment
Practices Civil Rights Division U.S. Department of Justice P.O. Box
27728 Washington, DC 20038 (800) 255-7688 TDD: (800)
237-2515 Website: http://www.usdoj.gov/crt/osc
***
Trafficking in Persons and Worker Exploitation Task Force Toll-free
complaint line: (888) 428-7581 with voice and TTY capability. http://www.usdoj.gov/crt/crim/tpwetf.htm
This is for information on victim services and to report a crime.
***
Violence Against Women Office (VAWO) U.S. Department of
Justice 810 7th St., NW Washington, DC 20531 (202)
307-6026 Website: http://www.ojp.usdoj.gov/vawo
VAWO can provide information on domestic violence, sexual assault, and
stalking issues.
***
Wage and Hour Division U.S. Department of Labor Toll-free help
line: (866) 487-9243
***
Women's Bureau U.S. Department of Labor 200 Constitution Ave.,
NW Washington, DC 20210 (800) 827-5335
Website: http://www.dol.gov/wb/welcome.html
The Women's Bureau's mission is to formulate standards and policies
which promote the welfare of wage-earning women, improve their working
conditions, increase their efficiency, and advance their opportunities for
profitable employment.
***
This publication was prepared by the Women's Bureau of the U.S.
Department of Labor in collaboration with the U.S. Departments of Justice,
Health and Human Services, and State.
Specific components at the Justice Department include the Immigration
and Naturalization Service, the Federal Bureau of Investigation, the Violence
Against Women Office, the Office for Victims of Crime, the Executive Office for
United States Attorneys, the Civil Rights Division, the Criminal Division, and
the Office of Legal Policy. The Office of Refugee Resettlement, a component of
the U.S. Department of Health and Human Services, and the Office of
International Narcotics and Law Enforcement of the U.S. Department of State
also collaborated on this brochure.
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