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Human Trafficking 101

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Human Trafficking 101. Presented by Mark Hoerrrner. Special thanks to Anna Rodriguez, FCAHT; Derri Smith, ITeams; and the US Dept. of Justice for content – PowerPoint PPT presentation

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Title: Human Trafficking 101


1
Human Trafficking 101
  • Presented by Mark Hoerrrner

Special thanks to Anna Rodriguez, FCAHT Derri
Smith, ITeams and the US Dept. of Justice for
content
2
What is human trafficking?
  • Involves the exploitation of persons for
    commercial sex or forced labor
  • Victims may be illegal immigrants, or U.S.
    citizens (homeless, substance-addicted persons,
    or teenage runaways)
  • Often involves crossing an international border
    but does not require moving a victim
  • Traffickers use force, fraud, or coercion to
    control their victims
  • Can be prosecuted on a variety of grounds

3
Scope of the problem
  • Estimated 600,000 to 2 million people trafficked
    worldwide annually
  • Estimated 18,000 to 20,000 persons trafficked
    annually into the U.S.
  • Cases have been investigated in 49 states
  • Approximately 27-40 million people held in
    slavery world wide

4
A lucrative business
  • Yields as estimated 32-34 billion dollars in
    profits each year (2004- 9-12 billion)
  • New Estimates as high as 150 billion (Kara)
  • After drug trafficking, it is tied with arms
    trafficking as the most lucrative business for
    organized crime
  • Unlike drugs and arms traffickers, human
    traffickers can continue to exploit their victims
    after the initial point of sale

5
Unending supply
  • In the new global economy, there is a constant
    source of victims
  • Slaves of the 21st century are dispensable
    commodities and are often seen by traffickers as
    readily replaceable
  • They are typically recruited not by force but by
    the promise of a better life
  • Allure of the American Dream can make victims
    vulnerable to traffickers

6
Difficult to stop
  • Fueled by economically desperate victims and
    constant demand for cheap labor
  • Where there are labor-intensive industries, human
    trafficking thrives
  • Effective intervention/prevention requires
    proactive collaboration between law enforcement
    and communities, especially the service providers
    in those communities.

7
Victims are often invisible
  • Many are illegal and fear U.S. authorities
    -traffickers exploit this fear
  • Victims may be physically isolated or guarded
    others are held through psychological coercion
  • Many victims do not speak English
  • Many victims have no idea where they are in the
    U.S. and face tremendous cultural barriers
  • Many do not realize that they are victims or that
    they have rights under U.S. law.

8
Destination jobs for victims
  • Prostitution
  • Exotic dancing
  • Servile marriage
  • Agricultural work
  • Landscape work
  • Domestic work and child care (domestic
    servitude)
  • Factory work
  • Personal sexual exploitation
  • Begging/street peddling
  • Restaurant work
  • Construction work
  • Carnival work
  • Hotel housekeeping
  • Criminal activities
  • Day labor

9
Multiple methods of control
  • Beatings, burnings, rapes, and starvation
  • Isolation
  • Psychological abuses
  • Drug dependency
  • Document withholding
  • Debt bondage
  • Threats of deportation
  • Threats against the victims family or friends in
    his/her country

10
Who are the traffickers?
  • Traffickers
  • Are members of the victims own ethnic or national
    community
  • Are in the U.S. with legal status and maintain
    close contact with their country of origin
  • May be fluent in English as well as a native
    language
  • May have greater social or political status in
    their home country then their victims

11
Continued
  • International organized criminal syndicates
  • Many have diversified trafficking portfolios-
    people who traffic humans often smuggle drugs and
    guns
  • Smuggling routes for all these are often the same

12
Continued
  • Mom-and-pop family operations
  • -Often will involve an extended family
  • -Family will usually operate on both sides
    of the border
  • -Recruiter may be female (More and more
    traffickers are women)
  • Independently owned businesses
  • -Construction/agents that provide laborers for
    agricultural work, construction work,
    restaurants, janitorial services

13
Continued
  • Individuals
  • Pimps and panderers with commercial sexual
    motives
  • Persons with noncommercial sexual motives
  • Diplomatic staff/foreign executives who arrive
    with servants
  • Sometimes neighbors, friends, or relatives of the
    victims

14
Related international criminal businesses
  • Alien smuggling, transportation, and harboring
  • Arms trafficking
  • Drug trafficking
  • Sex tourism
  • Child pornography
  • Child prostitution
  • Money laundering
  • Extortion

15
Legal Overview
  • Become an INSTANT LAWYER!

16
Trafficking victims protection act of 2000
  • Defines severe forms of human trafficking in
    persons as
  • Sex trafficking in which a commercial sex act is
    included by force, fraud, or coercion, or in
    which the person induced to perform such as has
    not attained 18 years of age or
  • The recruitment, harboring, transportation,
    provision, or obtaining of a person for labor or
    services, through the use or force, fraud, or
    coercion for the purpose
  • TVPRA2006 included domestic trafficking
  • US Citizens victims

17
2008 Wilberforce reauthorization
  • New Conspiracy Statute
  • A new trafficking-specific conspiracy statue
    prohibits conspiring to commit the Peonage,
    Enticement into Slavery, Forced Labor, Sex
    Trafficking, and Domestic Servitude.

18
Labor fraud in contracting
  • A new crime, codified at 18 U.S.C. Section 1351,
    prohibits fraud in foreign labor contracting. The
    provision imposes criminal liability on those
    who, knowingly and with intent to defraud,
    recruit workers from outside the United States
    for employment within the United States by means
    of materially false or fraudulent representation.
  • The statue provides for a maximum term of 5
    years imprisonment.

19
Expanded authority for detention
  • The Act expands the Governments authority to
    detain pending trial defendants charged with
    trafficking offenses.

20
Obstructing human trafficking enforcement
  • New provision criminalize and severely penalize
    the obstruction or attempted obstruction of
    enforcement of any major Chapter 77 statutes,
    including Enticement into Slavery, Involuntary
    Servitude, Forced Labor, Sex Trafficking, and
    Domestic Trafficking.
  • If the law comes a-knockin, you better start
    talkin.

21
Smuggling vs trafficking
  • Smuggling
  • An offense against the integrity of the U.S.
    borders
  • Requires illegal crossing of the U.S. border
  • Smugglers typically make their money once the
    alien has reached the U.S. border, their
    business relationship with the immigrant then
    terminates
  • Can become trafficking once a person is forced to
    provide labor or services
  • Trafficking
  • As offense against a person
  • Involves compelled labor or service
  • Traffickers may use smuggling debt as a means to
    control victims
  • Traffickers maintain ongoing control over
    victims, even after the border is crossed
  • Higher sentences than smuggling

22
Sex trafficking
  • The recruitment, harboring, transportation,
    provision, or obtaining of a person through
    force, fraud, or coercion, for the purpose of a
    commercial sex act, or in which the person
    induced to perform such as act is under 18 years
    of age
  • When a minor is trafficked for a commercial sex
    act, there is no need to prove force, fraud, or
    coercion

23
Expanded crime definition
  • New language inserted into Section 1591 broadens
    the crime of sex trafficking by force, fraud, or
    coercion by expanding the mens rea requirement
    to include reckless disregard as well as
    knowledge.

24
Forced labor
  • Providing or obtaining the labor or services of a
    though
  • Threats of serious harm to that person or another
  • Any scheme, plan, or pattern that places the
    victim in fear of serious harm, or
  • The abuse or threatened abuse of the legal process

25
Document servitude
  • Holding an actual or purported identity document
    of a victim in the course of committing any
    trafficking crime
  • Documents held by the trafficker need not be
    genuine, and even holding a victims fraudulent
    passport is punishable

26
Other TVPA Provisions
  • Force-physical violence that may take the form of
    beatings, rape, shootings, or physical
    confinement
  • Fraud-can include false or deceptive offers of
    employment, marriage, or a better life
  • Coercion-can include
  • Threats of serious harm to the victims family,
    or another person
  • Document confiscation
  • Abuse or threatened abuse of legal system (i.e.,
    a threat of deportation Garrett Case in GA)

27
More TVPA Goodies
  • Physical force is no longer a required element to
    prove that someone has been enslaved
  • A showing of psychological coercion now suffices
  • The fact that a person consented to be smuggled
    into the U.S. illegally does not preclude him or
    her from becoming a trafficking victim
  • The fact that a victim may have initially
    consented to perform an illegal act is not a
    defense to the subsequent use of force, fraud, or
    coercion

28
Attempted trafficking
  • The attempt clause of the TVPA is crucial-it
    allows law enforcement to focus on the intent of
    perpetrator rather than having to prove that a
    victims will was overcome
  • The focus is on what the perpetrator
    intended-burden is shifted away from the victim
  • Attempt is punishable to the same extent as
    completed trafficking crimes

29
Last of the TVPA Discussion
  • Enables trafficking victims to
  • Obtain medical care, witness protection, housing
    assistance, and other social services
  • Obtain temporary legal immigration status if they
    are willing to cooperate with law enforcement
  • Obtain civil remedies for financial detriment
    they have suffered
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