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DEPARTMENTS OF JUSTICE AND STATE ISSUE HUMAN TRAFFICKING

WASHINGTON, D.C. The Departments of Justice and State issued today a regulation that provides protections and assistance to human trafficking victims as their cases are investigated and prosecuted. The regulation guides federal law enforcement personnel, immigration officials and Department of State officials to identify victims of severe forms of human trafficking, protect victims in custody, provide victims with access to information and translation services, and develop appropriate training for Department of Justice and State personnel investigating and prosecuting these cases.

"The toll in human suffering caused by human trafficking and forced labor is enormous," said Attorney General John Ashcroft. "The cooperative efforts of federal agencies and law enforcement officials will help provide victims with the tools and services needed to punish traffickers to the fullest extent of the law."

"The regulations are issued pursuant to section 107(c) of the Trafficking Victims Protection Act of 2000 which became law in October 2000. The law created new federal crimes, strengthened penalties for trafficking-related offenses, offered new protections and expanded services to trafficking victims. On March 27, 2001, Attorney General Ashcroft announced a new program to combat worker exploitation and human trafficking, focusing on enhanced outreach, prosecution, and law enforcement cooperation.

"Since passage of the law, the Department of Justice has encountered many human trafficking victims who have needed protections from traffickers and assistance to recover from their experiences. The federal government has been able to help these victims.

"As Secretary of State Powell stated at the July 12 release of the State Department's first Trafficking in Persons Report, "It is incomprehensible that trafficking in human beings should be taking place in the 21st century - incomprehensible, but it's true, very true. The only way to effectively address the worldwide problem of trafficking is through collective efforts by all countries, whether they are countries of origin, transit or destination.

"Trafficking in persons is a fundamental and crucially important challenge in the areas of human rights and law enforcement. The U.S. is principally a transit and destination country for trafficking in persons. We recognize the need to sustain and further enhance our efforts in order to achieve the goals and objectives of the Trafficking Victims Protection Act of 2000."

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FACT SHEET

In October 2000, Congress passed and the President signed the Trafficking Victims Protection Act of 2000 (TVPA). The TVPA requires that the Attorney General and Secretary of State promulgate regulations for law enforcement personnel and federal officials implementing a provision of the Act dealing with four issues: (1) the protection of victims while in federal custody; (2) access to information and translation services; (3) authority to permit continued presence of alien victims in the United States; and (4) training of federal officials.

Section 107 (c) Guidelines:

• Victim Protection. The regulations set forth procedures for federal employees to ensure that victims of severe forms of trafficking in persons are housed in a manner appropriate to their status as a crime victim, afforded proper medical care and other assistance, and protected while in federal custody.

• Access to information. The regulations create procedures to provide victims of severe forms of trafficking in persons with access to information about their rights under federal victims rights legislation and with reasonable access to translation services and/or oral interpreter services in the event the victim is limited English proficient.

• Continued Presence. The regulations establish procedures for federal law enforcement officials to request the continued presence in the United States of certain victims of severe forms of trafficking in persons, who are aliens and are also potential witnesses, in order to effectuate the prosecution of those responsible. The regulations also create procedures to protect their safety, including taking measures to protect victims of severe forms of trafficking in persons and their family members from intimidation, threats of reprisals, and reprisals from traffickers and their associates

• Training. The regulations set forth procedures for ensuring that appropriate personnel of the Department of Justice and Department of State receive proper training, insofar as their duties involve investigating or prosecuting traffickers in persons, or may involve identifying, encountering or detaining victims of severe forms of trafficking in persons.

Background

One of the Justice Department's priorities is the prompt and effective implementation of the TVPA (enacted October 28, 2000). This law creates new federal crimes, strengthens penalties for trafficking-related offenses, affords new protections and expanded services to trafficking victims, and establishes a new non-immigration visa classification for trafficked persons.

Trafficking in persons involves the recruitment or transportation of persons through force, fraud or coercion for the purposes of slavery or involuntary servitude. Victims of this growing transnational crime problem - predominantly women and children - are trafficked into a wide variety of exploitative settings, ranging from sweatshops to the sex industry to domestic servitude. According to CIA estimates, 50,000 women and children are trafficked into the United States each year.

On March 27, 2001, the Attorney General announced a Department program on worker exploitation and trafficking in persons, focusing on outreach, prosecution, and cooperation. Outreach will include funding a hotline to report trafficking crimes and a community outreach program. To enhance prosecution, the AG announced that Guidance on prosecutions under the new TVPA was sent to all U.S. Attorneys' offices, and that the Civil Rights Division will hire two new attorneys to work on trafficking cases. To improve federal cooperation, the AG directed the FBI and INS to work with the Civil Rights Division to explore ways to better identify trafficking victims and refer cases for prosecution.