human trafficking victims assistance victim harm residence xin ren

Identifying and
Assisting Victims of
Human Trafficking
Prof. Xin Ren, Ph.D.
Criminal Justice Division
California State University,
Sacramento
USA
renx@csus.edu

Task Force opened 2,515 suspected
incidents of human trafficking for
investigation between January 2008 and
June 2010
A total of 389 human trafficking cases were
confirmed involving 488 offenders and 527
victims
90 percent of victims were female
8 in 10 of cases were sex trafficking and 1
in 10 of cases were labor trafficking
White (26%) and black (40%) were more

likely to be victims of sex trafficking, while
Hispanic (63%) and Asian (17%)were more

Four-fifth of victims in confirmed commercial
sex trafficking were US citizens (83%), while
majority of victims in confirmed labor
trafficking were undocumented aliens (67%)
and qualified aliens (28%)
Most confirmed human trafficking suspects
were male (82%)
62% of suspects in sex trafficking were
black and 48% of suspects in labor
trafficking were Hispanic
Federal agencies are more likely to lead in
labor trafficking investigation (29%) than in
sex trafficking (7%)

1
PROCESS

Recruiting
OR
Harboring
OR
Moving
OR
Obtaining

a person,

2
MEANS

By
Force
OR
Fraud
OR
Coercion

3
END

For the purposes of

Involuntary Servitude
OR
Debt Bondage
OR
Slavery
OR
Sex Trade

• Trafficking Victims Protection Act (TVPA2000):
Emphasizes three Ps (Prevention, prosecution, and
protection)
• Human trafficking is defined as the recruitment,
harboring, transportation, provision, or obtaining of a
person for one of three purposes:
– Labor or services, through the use of force, fraud, or coercion for the

purposes of subjection to involuntary servitude, peonage, debt bondage, or
slavery.
– A commercial sex act through the use of force, fraud, or coercion.
– Any commercial sex act, if the person is under 18 years of age, regardless
of whether any form of coercion is involved.

• TVPA2000 also provides:
– Protection provided to trafficked persons through immigration
relief and other benefits
– Funding for international efforts focuses on prevention

(Victims of Trafficking and Violence Prevention Act of 2000 can be found at www.ojp.usdoj.gov/vawo/laws/vawo2000/)

• Requires biennial reporting on the scope
and characteristics of human trafficking in
the U.S., using available data from state
and local authorities.
• As part of an effort to meet these
congressional mandates, the Bureau of
Justice Statistics (BJS), in partnership with

the Bureau of Justice Assistance (BJA),
Northeastern University (NEU), and the
Urban Institute (UI), developed the Human
Trafficking Reporting System (HTRS).

42 Task Forces in 42 jurisdictions cover
25% of US residential population
An incident-based reporting system
To be confirmed as human trafficking:
The case must have led to an arrest and
been subsequently confirmed by law
enforcement, or
The victims in the case must
1) have had a "continuing presence"
requested on their behalf, or
2) have received an endorsement for a T or U
visa application

• 118 U.S.C. § 1581
Peonage (Debt

Bondage)
• 18 U.S.C. § 1583
Enticement into slavery 
• 18 U.S.C. § 1584 Sale
into Involuntary
Servitude
• 18 U.S.C. § 1589 Forced
Labor
• 18 U.S.C. § 1590
Trafficking Into
Servitude

• 18 U.S.C. § 1591 Sex
Trafficking
• 18 U.S.C. § 1593A
Benefiting Financially
from Peonage, Slavery,
and Trafficking in Persons
• 18 U.S.C. § 1351 Fraud in
Foreign Labor

Contracting
• 1 8 U.S.C. § 1592
Document Servitude (up
to 5 years)

•

•

18 USC § 1351: Fraud in Foreign Labor Contracting
– Whoever knowingly and with intent to defraud recruits, solicits
or hires a person outside the United States for purposes of
employment in the United States by means of materially false
or fraudulent pretenses, representations or promises regarding
that employment shall be fined under this title or imprisoned
for not more than 5 years, or both
18 USC § 1593A: Benefiting Financially from Peonage,

Slavery, and Trafficking in Persons

– Whoever knowingly benefits, financially or by receiving
anything of value, from participation in a venture which has
engaged in any act in violation of section 1581(a), 1592, or
1595(a) [18 USCS § 1581(a), 1592, or 1595(a)], knowing or in
reckless disregard of the fact that the venture has engaged in
such violation, shall be fined under this title or imprisoned in
the same manner as a completed violation of such section.

• 18 USC § § 1583-84, 1591-92 Obstruction
• 18 USC § 1594 Trafficking Conspiracy

• Now includes:
– “reckless disregard” of force, fraud or
coercion

• Additional Provision for minors
– “reckless disregard” of minor age
– No actual knowledge of minor age is required
• Defendant just needs “reasonable opportunity to
observe” the victim

• The government need not prove knowledge of
minor age

•

18 USCS § 1596 :

– In addition to any domestic or extra-territorial jurisdiction
otherwise provided by law, the courts of the United
States have extra-territorial jurisdiction over any offense
(or any attempt or conspiracy to commit an offense)
under section 1581, 1583, 1584, 1589, 1590, or 1591 [18
USCS § 1581, 1583, 1584, 1589, 1590, or 1591] if-   (1) an alleged offender is a national of the United
States or an alien lawfully admitted for permanent
residence (as those terms are defined in section 101 of
the Immigration and Nationality Act (8 U.S.C. 1101)); or
   (2) an alleged offender is present in the United States,
irrespective of the nationality of the alleged offender.
 

• As of August 2009, 43 states have
passed Criminal Anti-Trafficking
Laws*
• 7 States have pending criminal
legislation
• Most state laws do not offer
comprehensive protections like the
TVPA
*U.S Policy Alert, Polaris Project available at: www.polarisproject.org

• Trafficking requires the crossing of
national or international borders
• Crime of trafficking must involve
moving victims from one location to
another
• Trafficking only involves foreign
nationals, not US citizens
• You can consent to being trafficked
• You can consent to labor exploitation or
slavery

Along with:
physical/psychological/ sexual abuse/
physical threats
Look for:
• Long hours
• Little/No pay
• Withholding documents
• Threats of deportation
• Threats to family members in home country
• Isolation
• Inhumane Living Conditions
• Having to work when sick or/and no holidays
• Not able to refuse customer’s illegitimate
requests

California State Law
AB 22
Created a new felony Penal Code
section 236.1 which prohibits Human
Trafficking
prioritized victim protection along with
prosecution including:
Caseworker Privilege
Asset Forfeiture
LEA Requirement for Law Enforcement

Immigrants
Immigrants with legal
documentation/status
Students
Immigrants with work permit
Immigrants married to US citizens

Illegal Immigrants
Entered legally but over stayed their legal
status
Entered illegally with legal documents
Entered illegally with legal documents
Mexican seasonal/migrant workers

Non-immigrants (US Citizens)
Runaway children
Curiosity
Child abuse
Angry with parents
Deceived or lured away by someone

Juvenile delinquents
Street/homeless children
Drug addicts
Sex workers

Victims refuse to cooperate
Victims did not have any legal
documents
Victims cannot help with identification
Illiterate
Mentally retarded
Fear
Language barrier
Do not want to be identified
Incapacitated due to severe abuse

Part 2:
Survivors
Access to
Federal
and State
Benefits



Criminal Prosecution


Witness for criminal investigation and
prosecution

Immigration relief or repatriation
 Social welfare benefits, medical and
counseling assistance
 Legal aids and assistance






Legal Aid Foundation, CAST (coalition against
Slavery and Trafficking), Asian legal Foundation

Civil litigation




Pro bono
Legal Aid

Under the TVPA Victims Of
Human Trafficking Are
EntitledCompensation
To:
Safety
for
Privacy
Information
Legal representation
Be heard in court
Medical assistance
Legal representation

damages/injury
Social assistance
Seek residence
Return home
Family reunification
Employment

Assistance needed for
Trafficking
Survivors
Trafficked persons
likely
 Interpretation
suffer from serious
physical, psychological
and possibly sexual
abuse.

An extensive network
of culturally and
linguistically
appropriate services
providers is required to
meet their urgent and
acute needs.

 Housing, food & clothing
 Medical care (emerg. &








long term) & health
education
Mental health care
Legal & immigration
services
ESL training
Independent living skills
Safety planning
Job placement &
employment education
Human rights education

Immigration
Provided by the TVPA
Must assist with criminal investigation
and/ or prosecution
Forms of Relief specific for Human
Trafficking Victims:
Temporary relief through Continued
Presence
Possibility to adjust status to become a
legal permanent resident through T-Visa
or U-visa

Immigration Remedies for
Victims of Trafficking
Short term:

Continued
Presence

Long term:

T-Visa
Trafficking

U Visa
Violent Crimes

What is Continued Presence
(CP)?
• Provides temporary immigration
relief to potential witnesses who
are victims of severe forms of
trafficking

• Provides work authorization
• ONLY Federal law enforcement
agents can request for a
trafficking survivor to receive this
benefits in the United States

Expansion of CP Eligibility Under
the TVPRA of 2008
Law Enforcement SHALL take measures
to protect the safety of trafficking
victims including taking measures to
protect family members
CP SHALL be extended if the individual
has filed a civil action under Section 18
USC 1595 until the action is concluded.
Materials about CP for State and Local
Law Enforcement will be developed and
distributed

Advanced Parole for Family Members
TVPRA Section 205; 8 U.S.C. § 1229(b)(6)

Law Enforcement MAY submit written requests for
parole for family members of trafficked persons
Parole may be extended until final determination of
the T-visa application
Victims under 21:
the spouse, child, parent, or unmarried sibling
under 18
Victims 21 years or older:
the spouse or child
All Victims irrespective of age:
is a parent or sibling who LE determines to be in present
danger of retaliation as a result of the victim’s escape from
the severe form of trafficking or cooperation with law
enforcement

     

What Is A T-Visa?
Enables certain victims of human
trafficking to live and work in
U.S. for four years
Can petition to have spouses and
children accompany
Can receive government benefits,
including cash assistance for 8
months
Can apply for Green card
(Permanent Residence)

Who Is Eligible For A TELEMENTS:
Visa?

Is or has been victim of severe form of
trafficking in persons
Is present in U.S., American Samoa,
Northern Marianas on account of
trafficking
Has complied with reasonable request for
assistance in investigation or prosecution
of acts of trafficking
Children under 18 do not need to meet
this criterion
Would suffer extreme hardship involving
unusual and severe harm upon removal

What is the U Visa?
• Provides immigration relief to victims
of certain criminal activity who
suffered substantial physical or mental
abuse as a result and who have been,
are being, or are likely to be helpful to
law enforcement
• Can petition to have spouses and
children accompany
• Can apply for Green card

Qualifying Criminal Activity
T-Visa
'‘Severe

forms of trafficking in
persons'' means:

U Visa
“Qualifying criminal activity” is
defined by statute to be

•
• (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 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.

activity involving one or more of
the following or any similar
activity in violation of Federal,
State, or local criminal law:
Rape; torture; trafficking; incest;
domestic violence; sexual
assault; abusive sexual contact;
prostitution; sexual exploitation;
female genital mutilation; being
held hostage; peonage;
involuntary servitude; slave
trade; kidnapping; abduction;
unlawful criminal restraint; false
imprisonment; blackmail;
extortion; manslaughter; murder;
felonious assault; witness
tampering; obstruction of justice;
perjury; or attempt, conspiracy,
or solicitation to commit any of

What are the benefits?
State of California Department of Social
Services
Refugee Cash Assistance (limit of 8 months state funded
services, eligibility begins from date of the application for the
benefits )
Refugee Social Services (available for 60 months from the
date of application for benefits)
Food Stamps
CALWORKs (limited to a five-year period for adults. Aid
begins the date of application)
Cash Assistance Program for Immigrants (CAPI)
Employment Social Services
In-Home Supportive Services (IHSS) Programs
Personal Care Services Program (PCSP)
IHSS Plus Waiver
IHSS Residual Program

State of California Department of Health and
Human Services
• Refugee medical assistance

Federal Certification
• Victims of a severe form of trafficking who
have been certified by the Department of
Health and Human Services (HHS) are
eligible for benefits to the same extent as
refugees
Federal and state public assistance benefits, such as
Refugee Cash and Medical Assistance, Temporary
Assistance for Needy Families (TANF), Medicaid,
Supplemental Security Income (SSI), and Food Stamps
Refugee self-sufficiency Matching Grant program and
other ORR discretionary grant programs and ORR
discretionary grant benefits programs for victims of
trafficking

 May be the only means by which
victims of trafficking may be “made
whole”
 Life-changing
 Law enforcement declines to prosecute
 Discourages would-be-traffickers and
employers exploiting trafficked labor

Causes of Action
 Trafficking Victims Protection Act of 2003
 Explicit right to civil action under 8 USC § 1595
 TVPRA of 2008-No action may be maintained under this
section unless it is commenced not later than 10 years
after the cause of action arose
 Prior to 2003-Implied rights of action under the







Thirteenth Amendment and its enabling statute
 California: AB 22 granted explicit right to civil
action and treble damages
Fair Labor Standards Act
Alien Tort Claims Act
Migrant and Seasonal Agricultural Worker
Protection Act
Title VII of the Civil Rights Act
Civil Rights Act of 1866 (“Section 1981”)

Civil Litigation
Litigation against employers, traffickers,
or buyers
Immigration reliefs
T or U visa
Unification of family

Dissolve Marriage or obtain marriage
license
Child custody and support
Property division
Spousal support

Return home

Criminal Proceeding
Advise victims for their rights, options,
consequences, and protections
Represent victims in criminal
investigation and prosecution
Represent victims in restitution
settlements
Notify victims upon release of offenders
Advise and Represent victims in applying
for victim compensation fund
Work with victim advocate in LE and DA
offices

Compensation for Possible Civil
Damages
 Compensatory Damages
 Punitive Damages
 Nominal Damages
 Injunctive and Other Equitable






Relief
Liquidated Damages
Statutory Damages
Pre-judgment Interest
Attorneys Fees and Costs
AB 22 provides for treble
damages if HT is proven

1964 law created the EEOC to investigate
claims of discrimination and to work out
settlements between worker and company
5-Member Commission with a General
Counsel; 50+ offices nationwide (15
Districts);
1972: EEOC given authority to sue
employers in federal court on behalf of
employees; all $$ recovered goes to victims
0

EEOC Enforces 4 Laws


Title VII of the Civil
Rights Act | 1964



Equal Pay Act | 1963



Age Discrimination in
Employment Act | 1967



Americans with Disabilities
Act | 1990
0



Represents victims against the
accused employers









Deny benefits
Withholding wages
Confiscate ID/legal documents
Sexual harassment in work place
Sexual assault and rape against domestic or
farm workers (legal or illegal)
Physical abuse
Sex discrimination
Forced to perform illegal acts in the course of
employment








Secondary Victimization from criminal
investigation
Secondary victimization from family and
community
Social isolation and discrimination
Financial hardship
Victims physical safety
Possible Social reintegration
 Job training
 Financial aid
 relocation

Contact Information:

Prof. Xin Ren
Criminal Justice Division
California State University, Sacramento
renx@csus.edu
916-278-6381