Presentation on theme: "Coalition to Abolish Slavery & Trafficking"— Presentation transcript:
1 An Introduction to Child Trafficking for Social Service Providers: Identifying and Serving Survivors
2 Coalition to Abolish Slavery & Trafficking Founded in 1998 in response to El Monte Sweatshop.Mission: To assist persons trafficked for the purpose of forced labor and slavery-like practices and to work toward ending all instances of such human rights violations.Lack of services for victims once identified. Started out social service and now have legal department.El Monte Sweatshop Workers, 1995LA Times
3 CAST Services for Trafficking Survivors Housing/Basic Necessities: Emergency/transitional housing, affordable housing, tenants’ rights education, utilities info, food, clothing.Medical: Immediate screening for injury/illness, documentation of injuries/scars, nutrition assessment, follow-up health care, vaccinations/TB/STD/HIV tests, chronic illness care, OB/GYN, dental, vision.Education/Employment: Literacy, ESL/GED/vocational training, labor law education, career planning, job search.Life Skills: Cross-cultural education, transportation, signage, training to prevent exploitation, banking, financial budgeting.Legal Services: Immigration relief, victims-witness advocacy, civil case referrals, Long-term, comprehensive support for continuing legal needs.Comprehensive services—that meet immediate and long term needsAlso do this with legal services—mainly provide victim witness advocacy when reporting and if in involved prosecution, immigration relief, also referrals and technical assistance on civil claims. Also find clients are exploited so over long term legal services---could include thing like divorce, helping receive restraining order, consulting on employment issues, Starting program that provides training on legal rights.,
4 Training Overview Dimensions of Child Trafficking Identifying Child Trafficking SurvivorsServing Child Trafficking SurvivorsCase ManagementAccess to ShelterAccess to BenefitsLegal Framework
6 Human Trafficking is a Modern Day Form of Slavery Victims trafficked for:Forced labor:Examples: restaurant work, agricultural work, domestic work, factory work, or illegal enterprises such as selling drugs and serving as decoys in smuggling cases.Sexual exploitation:Examples: prostitution, use in pornographyChild Trafficking:‘The recruitment, transportation, transfer, harboring or receipt of a child for the purpose of exploitation constitutes ‘trafficking in persons’-Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention Against Transnational Organized Crime, (“Protocol”), G.A. res. 55/25, annex II, 55 U.N. GAOR Supp. (No. 49) at 60, U.N. Doc. A/45/49 (Vol. I) (2001), Art. 3(c).Child Trafficking:‘The recruitment, transportation, transfer, harboring or receipt of a child for the purpose of exploitation constitutes ‘trafficking in persons’-Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention Against Transnational Organized Crime, (“Protocol”), G.A. res. 55/25, annex II, 55 U.N. GAOR Supp. (No. 49) at 60, U.N. Doc. A/45/49 (Vol. I) (2001), Art. 3(c).
7 Human Trafficking is an Under Identified Crime Many people think of human trafficking as only an international problemVictims tend not to self-identify as trafficking victimsOften victims are deported before their full story is knownSome of the challenges to identifying human trafficking victims-
8 Some Estimates as to the Scope of the Problem: In the U.S. 14,500-17,500 men, women and children trafficked annuallyThe estimates on the number of immigrant children being trafficked into the country annually range from 7,000 to 17,000.As many as 10,000 people in slavery like conditions in the Los Angeles area alone2 million people trafficked worldwide annually27 million people in slavery around the world$9 billion dollar business Estes and Weiner, p. 114.(United States Department of State, Trafficking in Persons Report, (TIP), June 2007)United States Department of State, Trafficking in Persons Report, (TIP), June 2007
9 Percentage of Child Trafficking Victims Around the World: CAST’s caseload for addressed ~4% child victims of human trafficking.U.S. Government average is about 13% of cases identifiedFrom , only 131 child victims have been certified by the Federal government.  at pg 12 ( 4)
10 Survivor StoriesLily, a young Egyptian girl was freed from a couple’s home in Irvine, California, where she was forced to work as a domestic servant for two years. She was denied access to a formal education and was threatened with physical harm by the couple. At age 15, Sofia was promised a job as a waitress in America. She was told that she would make enough money to pay off her smuggling debts in no time. Her prospects at home seemed dim, so along with her older sister, she agreed to go to California. When they arrived, they were forced into a prostitution ring run by human traffickers.Jeffery, 16, was brought over to the U.S. by a family. He was told that he had to work for them at their store to pay off his travel debt. He worked eight hours a day, six days a week. He did not attend school. Eventually, the family told him to leave.Brandon, 17, from a Central American country was forced to sell drugs in the United States. He was eventually charged with drug trafficking in juvenile court. The Juvenile Justice System eventually found Brandon guilty of selling drugs.  U.S. Department of Justice, Press Release, February 2, 2005, “Irvine couple indicted on involuntary servitude charges for holding girl as virtual slave to serve their family,” (accessed on March 22,2006). This is a case study based on several interviews. The names, places, and dates have been changed to ensure the child’s confidentiality is strictly maintained. Case study derived from interview conducted on March 13, 1006 by telephone with anonymous social service provider. Identifying characteristics of the child, including, name, gender, and ethnicity are subject to change. This is a case study based on several interviews. The names, places, and dates have been changed to ensure the child’s confidentiality is strictly maintained.[
12 Human Trafficking Defined The term ''severe forms of trafficking in persons'' means:(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.(Victims of Trafficking and Violence Prevention Act of can be found atForced prostitution or if under 18 years old. Second part is definition of labor trafficking. Involve servitude specifically is and debt bondage—when debt that never goes down keeps growing. Involve servitude is when -forced to work another threats physical harm or restraint, through pattern or plan cause harm or restraint, or abuse of legal process. Debt bondage basically same as peonage.
14 What Constitutes Coercion? 22 U.S.C. § 7102 Coercion. The term "coercion" means-- (A) threats of serious harm to or physical restraint against any person; (B) any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or (C) the abuse or threatened abuse of the legal process.Force fraud—easy understand--definition what constitute coercion most important See that what constitute coercion is when no actually physical violence-direct threats==feel harm (usually to person or family or friends ), plan to make person believe (examples: told if leave will be kidnapped and have organs sold, or else threat dangerous America is an like to rape foreign women; however, also look not direct statements by trafficker—often ask if heard stories about boss other women-hear that women beaten when try to escape covered in blanket so no bruises or lese burned citigetteres. Also ask what they have seen=bosses or supervisor assaulting other women==even if not happened to them or not threatened), or threatening legal process-usually is I will have deported, or arrested) Prey on fact illegal status, and then also fear own police in own countries
15 Common Misconceptions Trafficking requires the crossing of national or international bordersTrafficking only involves foreign nationals not US citizensYou can consent to being traffickedCommon Misconceptions:Trafficking does not require International movement or movement across state borders.It can be used to prosecute domestic cases of trafficking-actually push under push administration. Not need to look for just non-citizens.The person consents to be smuggled/ or to labor to pay back a debt-not matter-point forced to work for one employer.Most important thing to look for if only limited time is the means—force fraud coercion—find that if have that than have the others
16 The U.S. Side of Human Trafficking An unknown number of American citizens and legal residents are trafficked within the country.Forced to work in sexual servitude and forced labor.FBI debriefings of sex traffickers or pimps indicate that approx % of the victims forced or recruited into prostitution were juveniles.Source: Chris Swecker, FBI
17 Local Resources To help access services/benefits: Ann Lane at Office of Refugee Resettlement :Service Providers who specialize in assisting US Citizen or LPR survivors:Covenant House, Los AngelesChildren of the Night, Los AngelesThe SAGE Project, Inc., San FranciscoNational Human Trafficking Resource Center (NHTRC)If the child would like to seek criminal charges:Trafficking in Persons and Worker ExploitationTask Force Complaint LineTVPRA of 2005:Establishes a pilot program of residential treatment facilities for minor victims of domestic trafficking in the United States.Establishes a grant program for states and local law enforcement to work with victim service providers to investigate and prosecute acts of domestic trafficking in persons.
18 Trafficking versus Smuggling Contains the elements of force, fraud, or coercion (cannot consent to enslavement)Subsequent exploitation and/or forced laborThose trafficked are seen as victims by the lawSMUGGLING:No force, fraud, or coercionUnauthorized crossing of bordersThose smuggled are seen as criminals by the lawLabor Exploitation is a form of exploitation involving work. The difference is freedom of movement. Trafficked individuals are forced to remain in their situation under threat.
20 Things to Look for Especially in Juvenile Cases Substance abuseDenial of access to educationDenial of recreational activitiesNo peers/contact with others from outside worldAlready in the Juvenile Justice SystemFalse documents with incorrect age
21 Redefining How You Look at a Case For example: DCFS defines exploitation as “any unethical use of [children] for one’s own advantage or profit.” See Los Angeles County Department of Children and Family Services (DCFS). “Assessment of Exploitation.”According to the Los Angeles County Department of Children and Family Services (DCFS) 100 child exploitation referrals were made in 2007
22 Key Identification Questions Recruitment/ Migration:Why did you come to the U.S.?Who arranged your travel?How did you get here?Do you owe money for your trip?What did you expect when you came?What did you end up doing?Were you scared?Identification:Do you have any papers?Who has them?Working Conditions:Are you in school?Are you working?What kind of work do you do?Are you paid?Do you owe money to your boss or someone else?Can you leave your job if you want?Living Environment:Where do you live?Who else lives there?Where do you sleep?Are you scared to leave?Coercion:Has anybody ever threatened you to keep you from running away?Has anybody ever hurt you to make you stay?Has you family been threatened?Recruitment—look for what told versus what actually was the deal—example told work as a waitress but actually work in prostitution, told work 8 hours, but work 14, told paid 500 a week but received nothingActual conditions once working—looking for way to show force fraud coercion element met.Favorite question is what would happen if tired to leave-say never could but ask just picture
24 Initial Contact With Potentially Trafficked Persons Victims might often lie about their present circumstancesAND are unlikely to self-identify as trafficking victims.Recognize the methods involved in hiding or disguising trafficked minors from authoritiesEstablish that you:Have no power to order the person deportedDo not work for the government or policeWill not take any action without the client’s consentRepresent their interests and no one elseAlways use an interpreter even if some English is spokenAsk if there is a gender preferenceBe careful not to impose values or ideasBe knowledgeable and aware of your position of power in societyFind out if other victims are being heldBe suspicious of private attorneys paid for by traffickerCONTACT AN ATTORNEY IMMEDIATELY TO ASSIST THE CHILDTo Stephanie Bullet point #2 “Recognize…” It originally did not have “Recognize the” Did you want us to find methods to list or is this ok?
26 Serving Trafficked Children Photos by J. Maillard, International Labour OrganizationPhotos by J. Maillard, International Labour Organization
27 Wide Range of Needs Immediate needs: Appropriate placement Protection FoodMedical careMental health, suicide intervention and assessmentLong-term needs:Education/Job placementCounselingLegal representationOther social services to help rebuild their livesMedical: Emergency care, immediate screening for injury/illness, rape exam, primary health care, vaccinations/TB test/STD/HIV tests, chronic illness care, OB/GYN, dental, vision, nutrition assessmentAppropriate Placement/Basic Necessities: Emergency/transitional housing, food, clothing, identification, phone cardsMental Health: Normalization, culturally sensitive therapist referrals, alternative care, supportive counseling, patience, validationLife Skills: Cross-cultural education, transportation, reading signs/symbols, assertiveness training to prevent further exploitation, banking, financial budgeting, independent living skills
29 Safety Screening Form Use to help assess risk to: Client/victimStaffFamily membersCreate a safety plan with clientRefer to another agency if risk is too high for victim to remain in current town, state.SEE HANDOUT!!!!!!!!!
31 Mandatory Reporting Limits on confidentiality: Section of the Penal Code: requires any child care custodian, health provider or employee of a child protective agency who has knowledge, or reasonably suspects child abuse, to report it to a child protective agency immediately.“Child Care Custodian:” includes administrators and employees of public or private youth centers, youth recreation programs or youth organizations; administrators and employees of public or private organizations whose duties require direct contact and supervision of children.
32 Options for Assistance Family Reunification/RepatriationAppropriate shelterBenefitsLegalImmigrationCriminal ProsecutionCivil Law RemediesMany options for relief—choose to stay or special immigration status. Criminal pros.mand. Restitution and also Reauthorization act created specific right to civil action. Have this in CA as well
33 Family Reunification?Family reunification should be explored as a priority.Ensure:Claimants are genuine family membersWere not a part of the traffickingCapable of providing safety for the childDevelop a plan for identifying, assessing, and communicating with family in long-term care plans.The best interest of the child has to be the paramount consideration for all parties during the whole process (pursuant to the Convention on the Rights of the Child, and usually specified in the national laws or policy/practice of the referring country);Participation and the right of the child to express his or her views freely;The consent of the parent or legal guardian;Tracing of the family (so long as family tracing does not jeopardize the best interests of the child or the rights of the family members being traced);Sufficient information and counseling of the child and/or the guardian;Family assessment to determine the availability of family support (consent and ability of the family to care for the child) or an appropriate care provider as well as reintegration mechanisms in the receiving country;Depending on the laws in the referring country, the child should come under the protection of the social service institutions acting in place of a parent. Where this is so, permission must be sought from the agency concerned before the minor is removed from the country;Where there is suspicion of family-related trafficking, it is important that all due consideration be given to such an eventuality, and that a family assessment is made to clarify if family involvement was a factor in the trafficking process.
34 Repatriation Assistance For assistance arranging travel, purchasing air tickets, and child accompaniment contact:IOM WashingtonCarson Osberg1752 N Street NW Suite 700, Washington, DC 20036Phone: ext. 227 Fax:Link with Non-Governmental Organizations in country of repatriation to assess family situation, safety, available services, accompany client through immigration, etc.Follow-up with client as appropriateHANDOUT
35 Appropriate Housing Placement Federal ProgramsUnaccompanied Refugee Minors (URM)Division of Unaccompanied Children Services (DUCS)State Foster CareNon-Governmental Organization SheltersFamily Placement
36 Unaccompanied Refugee Minors (URM) The VTVPA provides trafficked children access to the URM program- the federal foster care system for refugee childrenOnly after Office of Refugee Resettlement (ORR) issues a letter of eligibility to a trafficked child can they access the URM program.17 URM programs in the U.S.Caters to refugee children from all over the world.Provides comprehensive servicesFamily counseling, mental health treatment, and other social services that the minor may need.
37 URM in CaliforniaIn 2004, a URM program was established in San Jose, California by Catholic Charities.Currently, it has about 10 family placementsBetween foster care and a supported housing program they are currently able to serve about 25 children.The San Jose program has access to all other Catholic Charities services in the region, which includes the services within its informal network of partners.They have yet to serve a trafficking victimTheir program provides: Financial support for housing, food, clothing, and other necessities for the minor, medical care, intensive case management, independent living skills training, training and support for foster parents.For more information, contact Coleen Gulbraa at or
38 Division of Unaccompanied Children Services (DUCS) When federal law enforcement encounter Unaccompanied Alien Minors (UAM) ineligible for the URM program, they are usually sent to facilities operated by the Division of Unaccompanied Children Services (DUCS), which is housed under the ORR.DUCS is responsible for providing care to Unaccompanied Alien Minors until they are either released from custody or deported to their home countries.There have been reported cases in which child trafficking victims have been identified in the DUCS programAnnie Sovcik, telephone interview with author, February 9, 2006.
39 DUCS Services in CADUCS has a contract with Catholic Charities in Los Angeles County to provide shelter for children under its custody.Angel’s Flight, a runaway youth emergency shelter, is the agency that delivers care to DUCS children under Catholic Charities.Angel's Flight Emergency Shelter 357 South Westlake Avenue, Los Angeles, CA ;
40 Local Resources in Los Angeles Private youth shelters and foster care providersCommunity-Based Organizations (CBO) and religious groupsEmilio Mendoza: Department of Children and Family Services – Multi-Agency Response TeamCatholic Legal Immigration Network, Inc.- (CLINIC)Debbie Deem – FBI Victim SpecialistCecily saco
41 Access to CA State Benefits SB 1569 provides temporary and immediate access to social services for victims of human trafficking, domestic violence and other violent crimes prior to federal certification.SB 1569 benefits end when a child is Certified by the federal governmentSEE HANDOUT
42 Establishing SB 1569 Eligibility A Victim of human trafficking who:Is taking steps to file an application for T-Nonimmigration status visa (T-Visa) or meets the conditions for federal benefits eligibility.ORHas filed an application for a T-visa.Must Provide:1. A sworn statement2. Documentation to show that a T-visa has been or will be filedA Letter from an attorney assisting the child is enoughT-visa holder-even those who have not applied are eligibleNeed sworn statement-should be as limited as possible with NO facts about individual case. See sample. Name of person and uses definition of trafficking with signature2nd piece of information. The easiest
43 Benefits Through Federal Certification Victims of a severe form of trafficking who have been certified by Office of Refugee Resettlement of the Department of Health and Human Services (HHS) are eligible for benefits to the same extent as refugees.Federal benefits
44 Who Is Eligible For Certification? Individual must be determined to be a victim of a severe form of trafficking by a federal law enforcement agencyORHave filed and had a T-visa application approvedThe ORR must verify the trafficking status of an alien minor before a letter of eligibility can be issued, which is handled on a case-by-case basis. In 2004, an interagency memorandum of understanding (MOU) was agreed upon by the DOJ, DHS, and DHHS. The MOU outlines that the DHHS will seek the recommendations of the DOJ and DHS, before issuing a letter of eligibility or certification to human trafficking victims. This would include providing confidential information pertaining to child trafficking cases to federal law enforcement agencies. Many in the anti-trafficking community are against this practice, because it could lead to the ORR rejecting applications from trafficking victims who refuses to cooperate with law enforcement, which is a clear violation of the VTVPA. Regardless of these concerns, the ORR often relies on federal law enforcement to verify the trafficking status of alien minors, because it lacks the capacity to do so. Annie Sovcik interview. “Interagency Memorandum of Understanding between the Department of Health and Human Services, The Department of Homeland Security, and the Department of Justice.” It was signed by the deputy secretaries of DHHS and DHS, and the secretary Attorney General of the DOJ on 7/9/04. Please see Appendix D for more on this controversy.
45 Minors Require Verification Identification is only half of the process. The other half involves verification:The ORR must verify the trafficking status of an alien minor before a letter of eligibility can be issuedThis is handled on a case-by-case basis. Annie Sovcik interview.ORR often relies on federal law enforcement to verify the trafficking status of alien minors, because it lacks the capacity to do so.Traumatized children often have difficulty opening up to law enforcement and rarely self-identify as trafficking victims.Criteria for determining eligibility is subjectiveEx. One victim received T-Visa but was denied a letter of eligibility from the ORR
46 Certification Benefits For Minors Once the determination of eligibility has been made, children are entitled to federal benefits.Refugee self-sufficiency Matching Grant Program and other ORR discretionary grant programs benefits programs for victims of traffickingBenefit issuing agencies can call ORR’s trafficking victim verification line atMinors in URM care do not receive Refugee Cash Assistance (RCA). Their room and board-like expenses (maintenance payment), medical coverage, and some incidentals are fully covered. They remain in the program until they reunify with family or turn 18. In most states URMs can remain in the program until 21 on a voluntary basis, as long as they comply with program requirements. Under 18 they receive an allowance. In some states, the ‘maintenance payment‘ goes directly to URMs who are 18 or older, instead of to the foster family, to provide them with the opportunity to manage their own finances (rent, utilities, food, etc.). Depending on the state, they may be eligible for additional independent living services. Some former foster youth are able to access Educational and Training Vouchers for their post-secondary educational or vocational training. Older youth who are authorized to work typically get part time jobs. URM foster care programs must provide services equal to those available to children in the state or local foster care system with the additional requirement of cultural and linguistic preservation services.Minors who are not in URM care and are in the custody of their parent or other legal guardian may be eligible for Refugee Medical Assistance (RMA) which they can access with their Eligibility Letter. RCA and RMA last for 8 months starting on the date of the trafficking Eligibility Letter. Such minors could get RCA if they are not eligible for TANF and are NOT full-time students. As a condition of receiving RCA, they must be receiving employment or employability services, such as through ORR-funded Refugee Social Services, which requires that they be at least 16 years old and that they are not full time students. However, since most welfare offices would not be used to providing refugee benefits to unaccompanied youth, some coordination may be needed to facilitate access. Depending on the location, additional refugee services may be available. Services generally cannot be provided after 60 months, with the exception of interpretation, referral and citizenship and naturalization preparation assistance.Minors who are found eligible for benefits and services while in DUCS care do not begin to access benefits and services until they are reunified with their sponsor or placed in the URM program. Their needs are met by the DUCS program during this initial, temporary placement. I coordinate issuance of the Eligibility Letter to ensure a child has a timely release to the URM program if designated as unaccompanied or is able to access benefits and services upon release.
47 Other Resources: Survivor Services and Funding Government grantees across the United States can provide services to victims who cooperate as witnessesOffice for Victims of Crime – emergency services for pre-certified victimsOffice of Refugee Resettlement – provides certification for refugee benefits eligibility for victims of severe form of trafficking in personsEmergency Witness Assistance Program (EWAP) fundsVictims of Crime Act (VOCA) funds, crime victim compensation go to:Possible discretionary funds from government agenciesFree services/clinicsBe creative and advocate strongly if you think your client is eligible to apply for or receive servicesRefer to client assessment matrix.Refer to poem: psychological coercionCAST’s clients have come from Bangladesh, Burma, Cambodia, China, Ghana, India, Indonesia, Korea, Mexico, Russia, Sri Lanka, Thailand and Ukraine.
49 Attorney’s Immigration Assistance Immigration attorneys help trafficked clients assess their immigration status, as well as:Pursue a T or U visa, Asylum status, Special Immigrant Juvenile visa (SIJS), etc.Coordinate with derivative applicants in their country of origin (family etc).Assist with repatriation (if safe and appropriate).Used with permission of Kathleen Kim
50 Immigration StatusForms of relief specific for human trafficking victims provided by the TVPA:Temporary relief through Continued Presence (CP)Possibility to adjust status to legal permanent residency through T-Visa or U-Visa.Review a little about immigration benefit with you because-important in many clients decision if want to come forward.
51 What Is Continued Presence? Provides temporary immigration relief to potential witnesses who are victims of severe forms of trafficking, including:Work authorizationGood for 1 year but can be extendedFederal benefits for up to 8 monthsOnly Federal law enforcement agents can request CPHowever, since children do not have to cooperate with law enforcement-weigh risks and benefits prior to seeking this form of relief.It is recommended to seek Continued Presence as it is a relatively fast method for receiving status
52 What Is A T-Visa?Enables certain victims of human trafficking to live and work in the U.S. for four years.Children can petition to bring parents and unmarried siblings under the age of 21 to the U.S.Can receive government benefits, including cash assistance, for up to 8 monthsCan apply for Green Card after three yearsWarn clients can not leave US
53 Who Is Eligible For A T-Visa? ELEMENTS:Is, or has been, a victim of severe form of trafficking in personsIs physically present in the U.S. on account of such traffickingHas complied with reasonable request for assistance in the investigation or prosecution of acts of traffickingChildren under 18 do not need to meet this criterionWould suffer extreme hardship involving unusual and severe harm upon removal from the U.S.There is no filing deadline for cases in which victimization occurred after October 28, 2000.Linked to law enforcement--although can self petition once reported-must have made effortNot that difficult-usually focused on trauma and physical harm as well as services available in US, and threat of relationhardship
54 Other Forms of Immigration Relief U Visa:For victims of certain criminal activity who suffered substantial physical or mental abuseAsylum:For persons who have suffered or fear persecution based on race, religion, nationality, political opinion or membership in a particular social group in country of originSpecial Immigrant Juvenile Status (SIJS):Children eligible for long-term foster care due to abuse, neglect or abandonment when return to home country not a viable optionViolence Against Women Act (VAWA):Allows certain battered immigrants to file for immigration relief without abuser’s assistance or knowledge
56 Federal Crimes 18 U.S.C. § 1581 Peonage (Debt Bondage) 18 U.S.C. § 1583 Enticement into slavery 18 U.S.C. § 1584 Sale into involuntary servitude18 U.S.C. § 1589 Forced Labor18 U.S.C. § 1590 Trafficking Into Servitude18 U.S.C. § 1591 Sex Trafficking18 U.S.C. § 1592 Document Servitude (up to 5 years)18 U.S.C. § 2251a Selling or Buying of Children18 U.S.C. § 2423 TransportationReason new crimes was needed is that SC had explicitly stated that involuntary servitude==needed physical violence, threats or scheme plans not enough-Forced labor and the Sex traffickingForced Labor: Whoever knowingly provides or obtains the labor or services of a person(1) by threats of serious harm to, or physical restraint against, that person or another person;(2) by means of any scheme plan, or pattern intended to cause the person to believe that, if the person did not perform such labor or services, that person or another person would suffer serious harm or physical restraint; or(3) by means of the abuse or threatened abuse of law or the legal process…”Trafficking into servitude: Recruiting, harboring, transporting, providing, or obtaining by any means any persons for labor or services in violation of laws prohibiting slavery, involuntary servitude, debt bondage, or forced labor.Sex Trafficking of Children or by Force, Fraud or Coercion:Whoever knowingly – in or affecting interstate or foreign commerce Recruits, entices, harbors, transports, provides, or obtains by any means a person; or benefits, financially or by receiving anything of value, from participation in a venture Knowing that force, fraud or coercion will be used to cause the person to engage in a commercial sex act, or that the person has not attained the age of 18 years and will be caused to engage in a commercial sex act…
57 California State Law AB 22 Created a new felony Penal Code section which prohibits Human TraffickingPrioritized victim protection along with prosecutionBenefits victims include right to civil action, right to be eligible assistance from state restitution fund, prioritizing access to witness protection programs, mandatory training for police on trafficking, establishes human trafficking task force, special case worker privilege form human trafficking case managers Just recently passed in last couple months was SB 1569—which also made victims eligible to access social services in CA. Gave you a handout with a cheat sheet of all the relevant provisions. Also provided page with key definitions. Prior to AB —made slavery crime in CA—but understanding it was never used.
58 Reporting a Case to Law Enforcement Child MUST have an attorney to consult with to make this decision.Minors do NOT need to report cases to receive federal OR State benefits and immigration status.Some Minors may WANT to seek justiceEnsure they understand consequences of this decisionOnce come forward can be compelled to testifyMinors can be detained as material witnessesCould see increased threats to family in home countryLength of time involved in case can be one to two yearsMay need to talk about acts that expose her to criminal liability i.e. prostitution, drugs, document fraud, etc.
59 The Criminal Process: What To Expect Government agencies may not be accustomed to cooperating with community agencies and vice versaCase may take one to two years to completeInvestigation and prosecution will be re-traumatizing to the victimNGOs may or may not be allowed to participate in the processAdvocate for your agency
60 Criminal Case Advocacy cont. Victim’s attorneys assist their clients to cooperate with law enforcement agents by:Informing them of their rights and role as a witnessPreparing them to testifyExplaining timelines and criminal processAssisting with temporary restraining orders against traffickersFollowing-up after trial with victim impact issues, restitution, return of property, documents, etc.Providing legal case management
61 Civil LitigationBriefly Civil Litigation. Interested have more advanced course on this—which take own 2 hoursPhotos by J. Maillard, International Labour OrganizationPhotos by J. Maillard, International Labour Organization
62 Civil RemediesCivil attorneys help their clients recover compensation and other damages from the traffickers by:Pursuing the private right of action provided by the TVPRA.Filing wage and hour complaints with the Department of Labor.Filing discrimination complaints with the Equal Employment Opportunity Commission.Filing private suits for violations of the Fair Labor Standards Act, CA labor code, intentional torts and other civil rights laws.Used with permission of Kathleen Kim