Additional Thought to Arizona's Immigration Bill and Human Trafficking

Earlier today, Jennifer wrote about the effects of Arizona's new immigration bill on the ability of trafficking victims to come forward and the likelihood that victims will simply be arrested and deported if they lack status.

Another consideration that hasn't been talked about yet is that undocumented survivors who have already been identified by service agencies and law enforcement could also be arrested and/or deported under a law like Arizona's. Survivors of human trafficking go through various stages of immigration relief and the amount of time between them also varies. A survivor could go months without status while a law enforcement agency applies for continued presence (a temporary status, typically one year, that allows a survivor to stay in the US during an on-going investigation), federal certification or while a legal service provider applies for a T Visa (a more long-term immigration status set up through the TVPA).

During this time, service providers work to assist survivors to gain English skills, temporary housing, in addition to providing for other personal needs, but they are free to explore and walk around their community. While service providers can safety plan with survivors, the idea of explaining a law like that to an undocumented survivor who is waiting for immigration relief seems extremely challenging and, I would safely guess, add to the fear of law enforcement that survivors often already have.

Simply because a survivor is working with a law enforcement or service agency does not prevent another law enforcement agency from arresting and deporting them under this law because other law enforcement agencies would not have access necessarily to that individual's case. And, again, even though a person has been identified as a pre-certified victim of trafficking, they may still be considered undocumented and be without any form of government ID until the paperwork has gone through on any status application. If survivors are arrested or worse, deported, that negative experience could be extremely traumatic to that survivor (or worse) and damage any investigation or prosecution; all of which would be serious injustice for survivors.

Arizona's Immigration Bill and Human Trafficking

Arizona's recent immigration bill has been widely debated, garnering intense criticism from many circles as well as intense support. A number of entities and organizations are threatening or bringing legal challenges and suits, and many believe the bill will be found unconstitutional. If the law is not overturned, though, it will have a strong impact on human trafficking victims. Regardless of the law's future, it raises questions for anti-trafficking work.

The law will be one of the strictest in the nation. According to the New York Times, the bill "would make the failure to carry immigration documents a crime and give the police broad power to detain anyone suspected of being in the country illegally."

While some of the bill's defenders have invoked human trafficking and crime reduction as a justification for the bill, the bill has the potential to hurt trafficking victims. Traffickers use people's immigration status to control victims, and the Arizona law is likely to make people more vulnerable to this type of control. Additionally, many people who are in the United States without documents or are out of status will be even more afraid to come to the police when they know about human trafficking or other crimes, or are victims of trafficking or other crimes.

Amanda Kloer argues that the Arizona law "will probably mean imprisoning victims of human trafficking and other crimes. . . The fact is that this law is going to up the chances that undocumented trafficking victims end up detained or deported and documented traffickers walk free." Moreover, in focusing efforts on people in the US without documents, finite resources will be diverted from efforts to address violent criminals, such as traffickers (including US citizen traffickers and traffickers with documents). Former Arizona Governor Napolitano vetoed similar bills for this reason.

A recent Human Trafficking Project piece on a failed Alaska bill pointed out that immigration laws frequently impact trafficking victims, though trafficking victims' needs may not be considered in the crafting of this legislation. While the author's hope that "other legislators give survivors this kind of consideration in similar bills" has not been the case with the Arizona bill, hopefully the broader immigration reform debate this bill has sparked will give serious consideration to the needs of trafficking victims and survivors.

Arizona’s Slamming Door

From the LA Times:

By Nicholas Riccardi

As it has become the favorite entry point for undocumented migrants trying to sneak into the United States, Arizona has become a laboratory for whether a state can single-handedly combat illegal immigration.

In recent years it has barred illegal immigrants from receiving government services, from winning punitive damages in lawsuits and from posting bail for serious crimes. A new state law shuts down businesses that hire illegal workers. And the sheriff of Maricopa County, which includes Phoenix and three-fifths of the state’s population, dispatches his deputies and volunteer “posses” to search for illegal street vendors or immigrants being smuggled through the county.

“What I love about what Arizona is doing is we don’t have to rely on the federal government,” said state Rep. Russell Pearce, a Mesa Republican who has authored most of the toughest measures. “It has truly woken up the rest of America that states can fix that problem.”

The campaign has had an effect: Illegal immigrants complain it’s impossible to find good work and are leaving the state.

It has also taken a toll on some U.S. citizens. Juan Carlos Ochoa, a naturalized U.S. citizen who lives in an upper-middle-class subdivision near Phoenix named Laguna Hills, can’t find a job because a government database classifies him as a possible illegal immigrant. Pauline Munoz, a 39-year-old mother of six who was born in Phoenix, has been afraid to leave her apartment since being held by sheriff’s deputies for 15 hours for a driving infraction – an example of what she believes is racial profiling.

And businesses that cater to immigrants both legal and illegal report a huge drop in sales, increasing the drag on the state’s already troubled economy. “There used to be so many people they would fight for parking out there,” said Omar Flores, 31, manager of La Mexicana market in western Phoenix. Now the grocery store is mostly empty.

Economist Dawn McLaren of Arizona State University said that part of what’s pushing immigrants out is the collapse of the state’s housing-based economy. In the construction sector, which employs many immigrants, 10% of jobs have vanished over the last year as home prices have plunged.

The economic woes are magnified by the employer sanctions law, which has led some businesses to say they won’t expand in Arizona, McLaren said. “It exacerbates the downturn,” she said. No one knows how many immigrants have left the state, and the most recent government figures show Arizona growing robustly – as of July, Maricopa was the fastest-growing county in the nation.

But enough immigrants have left that the government of Sonora, the Mexican state bordering Arizona, has complained about how many people have arrived on its doorstep.

Pearce says the overall effect has been undeniably positive for Arizona. “Smaller class sizes, shorter emergency room waits,” he said. “Even if [illegal immigrants] are paying taxes – and most of them aren’t – the cost to taxpayers is huge.”

Read the full article