NCSC: Knowledge and Information Services

Human trafficking, sometimes referred to as “modern day slavery,” is a global problem. According to the State Department’s Human Smuggling and Trafficking Center, the crime of human trafficking includes an element of force, fraud, or coercion where the victim is enslaved and subjected to limited movement or isolation, including having his or her documents confiscated or being held under debt bondage.^[1] Human trafficking does not require crossing an international border or transporting the victim from one locale to another. Traffickers can move victims within the same community and sell the victims to other trafficking organizations.

It is estimated that about 900,000 people are trafficked each year globally. Human trafficking disproportionately victimizes females—80 percent of those trafficked are women and girls, and 70 percent of those are forced into sexual servitude.^[2] While the majority of trafficked victims are sold into sexual slavery, victims are also forced into domestic servitude, sweatshops, construction, farmwork, fisheries, hotel/tourist industries, restaurant and janitorial services, and panhandling. The U.S. Department of Health and Human Services states that human trafficking is the second largest criminal industry worldwide (after drug dealing) and the fastest growing.

Trafficking estimates for the United States vary considerably. The State Department estimates that between 17,500 and 18,500 people are trafficked each year into the United States, while the CIA estimates 40,000 to 50,000.^[3] The prevalence of trafficking is particularly challenging to document as the crime is difficult to recognize, and victims are often unable to contact or communicate with authorities.

The Department of Justice estimates that roughly half of all international victims trafficked into the United States are under 18 years of age. Major countries of origin include Thailand, Vietnam, China, Mexico, Russia, Ukraine, and the Czech Republic, with an increase in the number of victims from sub-Saharan African and Central American nations. American citizens are also victims of trafficking—one study estimated that at least 10 to 15 percent of all homeless and street children are trafficked nationally.^[4]

Federal and State Anti-Trafficking Efforts

On October 29, 2000, Congress passed the Victims of Trafficking and Violence Protection Act (VTVPA), allowing the issuance of T and U visas to victims of trafficking.^[5] The VTVPA established an interagency task force to monitor and combat trafficking, authorized programs to prevent trafficking, and offered protection and assistance for victims of severe forms of trafficking. Services available to victims under the VTVPA include medical care, food stamps, housing and cash assistance, and immigration relief. From 2000 to 2003, over 400 adult victims received certification for benefits eligibility.^[6] The act also established country reports to monitor trafficking and authorized assistance to foreign governments to meet minimum standards, as well as actions against governments failing to meet minimum standards.

Passage of the VTVPA created national awareness of the human-trafficking problem. However, limitations of the act soon became apparent. In particular, relief was not provided to trafficking victims who were unable to demonstrate that their situations were severe.^[7] In response, several states began to introduce and enact laws to cover all forms of human trafficking. As of June 2004, four states had adopted anti-trafficking criminal statutes carrying harsh sentences: Texas, Florida, Washington, and Missouri. The Department of Justice built on these efforts and provided a model template of an effective state anti-trafficking statute.^[8] The Senate supported the template by passing a resolution to encourage states to adopt the model statute. By May 2005, at least fifteen states had enacted or were attempting to adopt anti-trafficking legislation.^[9]

The successful prosecution and conviction of human traffickers requires coordination between the federal, state, and local systems. Currently, the Department of Justice has 20 anti-trafficking task forces, primarily located in the Southwest or East Coast, with ten more to start in 2005.^[10] The task forces include representatives from federal and local agencies who work together to investigate cases and provide victim services.^[11] Examples of task-force efforts include the following:

Challenges for State Courts

Law enforcement and the courts face multiple hurdles in addressing the problem of trafficking. Challenges include the identification of cases, information-sharing difficulties, investigative challenges, low penalties for the traffickers, lack of trafficking laws, and overlooking of smaller trafficking cases. Currently, the greatest challenge to the justice system is the identification of human-trafficking cases. Many trafficking victims are isolated, held under debt bondage (with confiscated documents), and told they have no legal recourse. Additionally, fear, cultural, and linguistic factors, as well as the emotional and psychological harm caused to victims, may inhibit them from testifying against the perpetrators.

Law enforcement and the justice system often fail to understand the complexity and seriousness of human trafficking in their own communities. In particular, trafficking rings may be overlooked for years because they are hidden under the guise of prostitution. In these cases, the justice system may view victims of trafficking as co-conspirators or willing participants in the crime. In addition, it can be very difficult for investigators to penetrate trafficking groups, particularly when groups are ethnically based and have language differences. Finally, the investigation may be plagued by jurisdictional battles that limit access to important information.

Human-trafficking experts and victim advocates stress the importance of education. Judicial training on human trafficking, particularly on the identification of cases, would be helpful. For example, judges may be prompted to ask specific questions (for example, about the means of entering the state and country, payment of services, and living conditions) in certain types of cases. While there currently are no bench books on human trafficking specifically, there are some helpful tools available.

Human trafficking is a hidden but growing crime that is beginning to receive national attention. Laws are being shaped that will lead to the criminalization of human trafficking at the state level. As awareness increases and more cases are identified, judges and court managers will benefit from training that includes an overview of human trafficking as well as problem-solving approaches that may be used to address this sensitive crime.

^[1] Human trafficking and human smuggling are frequently linked crimes since they have similar underlying causes. However, smuggling, unlike trafficking, always includes the factor of crossing an international border.

^[2] Janice G. Raymond, Donna M. Hughes, and Carol J. Gomez, Sex Trafficking of Women in the United States: International and Domestic Trends (Amherst, MA: Coalition Against Trafficking in Women, 2001).

^[3] CIA briefing, “Global Trafficking in Women and Children: Assessing the Magnitude,” 1999.

^[4] Richard J. Estes and Neil Alan Weiner, “The Commercial Sexual Exploitation of Children in the United States, Canada, and Mexico,” University of Pennsylvania, 2002 (revised).

^[5] The T visa is for noncitizens who are “victims of severe forms of trafficking,” as well as for the victim’s spouse, children, and parents. The U visa is a nonimmigrant (temporary) visa allowing noncitizens victims of crime to stay in the United States and obtain an employment authorization. It is intended to protect victims of “serious crime” who came forward to authorities to report and assist in the investigation and prosecution of the perpetrators (see 22 U.S.C. 7102 for legal definition).

^[6] Child victims do not need to be certified to receive benefits.

^[7] “Hidden Slaves: Forced Labor in the United States,” Washington, D.C., U.C. Berkeley Human Rights Center, 2004. (p 23).

^[8] This model legislation can be viewed at http://www.usdoj.gov/crt/crim/model_state_law.pdf.

^[9] As of May 2005, some states have already passed anti-trafficking laws: Texas, Washington, Florida, Missouri, and Arizona (see each amended Penal Code for further details). Pending legislation includes California, Connecticut, Louisiana, Maryland, Idaho, North Carolina, Nebraska, Maine, Minnesota, New Jersey, and the Northern Mariana Islands (please check each legislature’s site for the most recent status).

^[10] Current task forces are active in Houston, El Paso, and San Antonio, Texas; San Francisco; Los Angeles; San Diego; Albuquerque; Las Vegas; Phoenix; Miami; Orlando; Tampa; Atlanta; northern Virginia; Philadelphia; Newark, New Jersey; New York; Connecticut; Washington, D.C.; and St. Louis.

^[11] The DOJ also distributed $7.6 million in grants to local law-enforcement agencies to fund costs associated with their participation in these task forces.

^[12] For the entire report, go to http://www.usdoj.gov/crt/cor/lep/tips_and_tools-9-21-04.htm.

^[13] Another good source is the American Bar Association’s Central European and Eurasian Law Initiative (CEELI) program, see http://www.abanet.org/ceeli/home.htm. CEELI’s office in Moldova, for instance, works to facilitate communication among law enforcement, investigators, NGOs, prosecutors, and judges.

	Future Trends in State Courts
	2005
Human-Trafficking: A Growing Crime to Hit State Courts
Virginia Suveiu, - Research Assistant, Knowledge and Information Services Brenda Uekert, Senior Court Research Associate, Research
Trends Statement: Human trafficking is a global problem with local implications. As state anti-trafficking legislation efforts increase, state court judges will begin to hear human-trafficking cases in their courtrooms. Introduction Federal and State Anti-Trafficking Efforts Challenges for State Courts Introduction Human trafficking, sometimes referred to as “modern day slavery,” is a global problem. According to the State Department’s Human Smuggling and Trafficking Center, the crime of human trafficking includes an element of force, fraud, or coercion where the victim is enslaved and subjected to limited movement or isolation, including having his or her documents confiscated or being held under debt bondage.^[1] Human trafficking does not require crossing an international border or transporting the victim from one locale to another. Traffickers can move victims within the same community and sell the victims to other trafficking organizations. It is estimated that about 900,000 people are trafficked each year globally. Human trafficking disproportionately victimizes females—80 percent of those trafficked are women and girls, and 70 percent of those are forced into sexual servitude.^[2] While the majority of trafficked victims are sold into sexual slavery, victims are also forced into domestic servitude, sweatshops, construction, farmwork, fisheries, hotel/tourist industries, restaurant and janitorial services, and panhandling. The U.S. Department of Health and Human Services states that human trafficking is the second largest criminal industry worldwide (after drug dealing) and the fastest growing. Trafficking estimates for the United States vary considerably. The State Department estimates that between 17,500 and 18,500 people are trafficked each year into the United States, while the CIA estimates 40,000 to 50,000.^[3] The prevalence of trafficking is particularly challenging to document as the crime is difficult to recognize, and victims are often unable to contact or communicate with authorities. The Department of Justice estimates that roughly half of all international victims trafficked into the United States are under 18 years of age. Major countries of origin include Thailand, Vietnam, China, Mexico, Russia, Ukraine, and the Czech Republic, with an increase in the number of victims from sub-Saharan African and Central American nations. American citizens are also victims of trafficking—one study estimated that at least 10 to 15 percent of all homeless and street children are trafficked nationally.^[4] Top Federal and State Anti-Trafficking Efforts On October 29, 2000, Congress passed the Victims of Trafficking and Violence Protection Act (VTVPA), allowing the issuance of T and U visas to victims of trafficking.^[5] The VTVPA established an interagency task force to monitor and combat trafficking, authorized programs to prevent trafficking, and offered protection and assistance for victims of severe forms of trafficking. Services available to victims under the VTVPA include medical care, food stamps, housing and cash assistance, and immigration relief. From 2000 to 2003, over 400 adult victims received certification for benefits eligibility.^[6] The act also established country reports to monitor trafficking and authorized assistance to foreign governments to meet minimum standards, as well as actions against governments failing to meet minimum standards. Passage of the VTVPA created national awareness of the human-trafficking problem. However, limitations of the act soon became apparent. In particular, relief was not provided to trafficking victims who were unable to demonstrate that their situations were severe.^[7] In response, several states began to introduce and enact laws to cover all forms of human trafficking. As of June 2004, four states had adopted anti-trafficking criminal statutes carrying harsh sentences: Texas, Florida, Washington, and Missouri. The Department of Justice built on these efforts and provided a model template of an effective state anti-trafficking statute.^[8] The Senate supported the template by passing a resolution to encourage states to adopt the model statute. By May 2005, at least fifteen states had enacted or were attempting to adopt anti-trafficking legislation.^[9] The successful prosecution and conviction of human traffickers requires coordination between the federal, state, and local systems. Currently, the Department of Justice has 20 anti-trafficking task forces, primarily located in the Southwest or East Coast, with ten more to start in 2005.^[10] The task forces include representatives from federal and local agencies who work together to investigate cases and provide victim services.^[11] Examples of task-force efforts include the following: Federal authorities called upon the Los Angeles Police Department for help to fight the trade in human smuggling and trafficking in Los Angeles and disbursed $450,000 to train officers to better identify signs of immigrant exploitation. Atlanta created the Human Trafficking Detection Program with federal support. In a joint operation, more than 1,000 Asian women and girls were found in “prison-like” conditions in an area brothel, under watch by gang members. Top Challenges for State Courts Law enforcement and the courts face multiple hurdles in addressing the problem of trafficking. Challenges include the identification of cases, information-sharing difficulties, investigative challenges, low penalties for the traffickers, lack of trafficking laws, and overlooking of smaller trafficking cases. Currently, the greatest challenge to the justice system is the identification of human-trafficking cases. Many trafficking victims are isolated, held under debt bondage (with confiscated documents), and told they have no legal recourse. Additionally, fear, cultural, and linguistic factors, as well as the emotional and psychological harm caused to victims, may inhibit them from testifying against the perpetrators. Law enforcement and the justice system often fail to understand the complexity and seriousness of human trafficking in their own communities. In particular, trafficking rings may be overlooked for years because they are hidden under the guise of prostitution. In these cases, the justice system may view victims of trafficking as co-conspirators or willing participants in the crime. In addition, it can be very difficult for investigators to penetrate trafficking groups, particularly when groups are ethnically based and have language differences. Finally, the investigation may be plagued by jurisdictional battles that limit access to important information. Human-trafficking experts and victim advocates stress the importance of education. Judicial training on human trafficking, particularly on the identification of cases, would be helpful. For example, judges may be prompted to ask specific questions (for example, about the means of entering the state and country, payment of services, and living conditions) in certain types of cases. While there currently are no bench books on human trafficking specifically, there are some helpful tools available. The Department of Justice’s Tips and Tools from the Field provides information on how to use interpreters effectively in cases involving limited English proficient victims.^[12] The report also notes an Atlanta-based organization, Tapestri, as a reference for building collaborative court-community relationships. The American Bar Association’s A Judge’s Guide to Immigration Law in Criminal Proceedings provides a helpful section on cultural dynamics that judges should consider in criminal proceedings. The State Department, in conjunction with other governments and NGOs, sponsors international training programs on human trafficking. Recent programs were held in Central/Eastern Europe, Africa, and Southeast Asia, where training for judges included how to spot the signs of trafficking and the legal and psychological issues. ^[13] Human trafficking is a hidden but growing crime that is beginning to receive national attention. Laws are being shaped that will lead to the criminalization of human trafficking at the state level. As awareness increases and more cases are identified, judges and court managers will benefit from training that includes an overview of human trafficking as well as problem-solving approaches that may be used to address this sensitive crime. Top ^[1] Human trafficking and human smuggling are frequently linked crimes since they have similar underlying causes. However, smuggling, unlike trafficking, always includes the factor of crossing an international border. ^[2] Janice G. Raymond, Donna M. Hughes, and Carol J. Gomez, Sex Trafficking of Women in the United States: International and Domestic Trends (Amherst, MA: Coalition Against Trafficking in Women, 2001). ^[3] CIA briefing, “Global Trafficking in Women and Children: Assessing the Magnitude,” 1999. ^[4] Richard J. Estes and Neil Alan Weiner, “The Commercial Sexual Exploitation of Children in the United States, Canada, and Mexico,” University of Pennsylvania, 2002 (revised). ^[5] The T visa is for noncitizens who are “victims of severe forms of trafficking,” as well as for the victim’s spouse, children, and parents. The U visa is a nonimmigrant (temporary) visa allowing noncitizens victims of crime to stay in the United States and obtain an employment authorization. It is intended to protect victims of “serious crime” who came forward to authorities to report and assist in the investigation and prosecution of the perpetrators (see 22 U.S.C. 7102 for legal definition). ^[6] Child victims do not need to be certified to receive benefits. ^[7] “Hidden Slaves: Forced Labor in the United States,” Washington, D.C., U.C. Berkeley Human Rights Center, 2004. (p 23). ^[8] This model legislation can be viewed at http://www.usdoj.gov/crt/crim/model_state_law.pdf. ^[9] As of May 2005, some states have already passed anti-trafficking laws: Texas, Washington, Florida, Missouri, and Arizona (see each amended Penal Code for further details). Pending legislation includes California, Connecticut, Louisiana, Maryland, Idaho, North Carolina, Nebraska, Maine, Minnesota, New Jersey, and the Northern Mariana Islands (please check each legislature’s site for the most recent status). ^[10] Current task forces are active in Houston, El Paso, and San Antonio, Texas; San Francisco; Los Angeles; San Diego; Albuquerque; Las Vegas; Phoenix; Miami; Orlando; Tampa; Atlanta; northern Virginia; Philadelphia; Newark, New Jersey; New York; Connecticut; Washington, D.C.; and St. Louis. ^[11] The DOJ also distributed $7.6 million in grants to local law-enforcement agencies to fund costs associated with their participation in these task forces. ^[12] For the entire report, go to http://www.usdoj.gov/crt/cor/lep/tips_and_tools-9-21-04.htm. ^[13] Another good source is the American Bar Association’s Central European and Eurasian Law Initiative (CEELI) program, see http://www.abanet.org/ceeli/home.htm. CEELI’s office in Moldova, for instance, works to facilitate communication among law enforcement, investigators, NGOs, prosecutors, and judges. Top
Future Trends in State Courts is a product of Knowledge and Information Services Office.

Introduction

Federal and State Anti-Trafficking Efforts

Challenges for State Courts