EEOC Makes Headlines with Labor Trafficking Suit

The Equal Employment Opportunity Commission (EEOC) has brought formal charges against labor contractor Global Horizons Manpower, Inc, in what is being deemed the largest case of labor trafficking in the United States.

The EEOC is alleging that the California based contractor recruited hundreds of Thai workers from 2003 to 2007 to work on several U.S. farms under false pretenses of a better life. Upon arrival in the U.S. the workers were physically abused by their recruiters, deprived of food and water and had accrued a debt by the traffickers which would have been impossible to pay off. With their passports confiscated and under constant watch by body guards, they had little hope of escape, until one worker made their way to a nonprofit agency and told their story.

Global Horizons has been recruiting workers from around the world since 1989. Their website states that they “…understand the aspirations of countless workers who dream of having better jobs in better places, but who wish to return to their country of native origin when they've completed the job.” While the words are inspirational, the actions of Global Horizons have turned these “aspirations” for hundreds into a living nightmare.

As of now, back wages are being sought for each of the workers.

While the media attention surrounding this case is rare, labor trafficking itself is a lucrative business for traffickers in the United States. Currently, there are an estimated 10,000 victims of labor trafficking in the U.S.

Wyden Reintroduces DMST Deterrence and Victim Support Act : S.596

From Shared Hope International:

What you need to know about this legislation:
• It will provide $2m to $2.5m a year in funding to six state and local pilot projects to serve and shelter child victims of sex trafficking.
• Applying entities must have a multidisciplinary, collaborative plan to combat the sex trafficking of minors. • 67% of funds must be used for direct services and shelter for victims.
• Funds can be used to increase law enforcement efforts to combat the sex trafficking of children.
• This is a bipartisan bill.
• The legislation is sponsored by Senator Ron Wyden (D‐OR) and Senator John Cornyn (R‐TX).

How this bill will help address existing domestic minor sex trafficking challenges:

Challenge: There is little collaboration and communication between the various agencies and organizations that encounter or work with sex trafficked children. This lack of collaboration is a major impediment to efficiency and finding workable solutions.
How this bill helps: This legislation requires multidisciplinary collaboration from grantees.

Challenge: Law enforcement has expressed frustration that when they discover an exploited child, there is nowhere safe to place him/her for help.
How this bill helps: With at least 67% of funding required for shelter and services for victims, the grant locations will be required to establish safe shelter for victims.

Challenge: Sex trafficked children have a multitude of needs ranging from post‐traumatic stress and depression to STDs, substance abuse and chronic illness. They also may not have a safe, appropriate home to return to. There are few programs appropriate to address their needs. As a result, they are caught in a cycle of abuse and arrest.
How this bill helps: The majority of funding is required to go to services and shelter for victims. Additionally, the bill’s multidisciplinary focus will result in all stakeholders coming together to collaborate on fixing the response protocol, making it more efficient and addressing the intense needs of these children.

Challenge: Trafficking cases are time intensive and can be expensive. Federal prosecutors may prosecute these cases but local police are most often in a position to find the crime. Local law enforcement agencies need the resources and training so they can identify a trafficking case. If law enforcement does not have the resources to investigate trafficking cases, criminals will see little risk in the profitable venture of selling children for sex.
How this bill helps: By allowing funds to be used for training and law enforcement/prosecutor salaries related to investigation and prosecution of sex trafficking cases, the bill supports critical enforcement efforts.

To track this bill visit: http://www.govtrack.us/congress/bill.xpd?bill=s112-596 Visit http://www.senate.gov/general/contact_information/senators_cfm.cfm to find your senators if you would like to contact them to express your support.

DOJ Launches New Enhanced Enforcement Initiative

From the U.S. Department of Justice:

Department of Justice Announces Launch of Human Trafficking Enhanced Enforcement Initiative

WASHINGTON – The Departments of Justice, Homeland Security and Labor announced today the launch of a nationwide Human Trafficking Enhanced Enforcement Initiative designed to streamline federal criminal investigations and prosecutions of human trafficking offenses.

As part of the Enhanced Enforcement Initiative, specialized Anti-Trafficking Coordination Teams, known as ACTeams, will be convened in select pilot districts around the country. The ACTeams, comprised of prosecutors and agents from multiple federal enforcement agencies, will implement a strategic action plan to combat identified human trafficking threats. The ACTeams will focus on developing federal criminal human trafficking investigations and prosecutions to vindicate the rights of human trafficking victims, bring traffickers to justice and dismantle human trafficking networks.

The ACTeam structure not only enhances coordination among federal prosecutors and federal agents on the front lines of federal human trafficking investigations and prosecutions, but also enhances coordination between front-line enforcement efforts and the specialized units at the Department of Justice and federal agency headquarters. The ACTeam Initiative was developed through interagency collaboration among the Departments of Justice, Homeland Security and Labor to streamline rapidly expanding human trafficking enforcement efforts.

“This modern-day slavery is an affront to human dignity, and each and every case we prosecute should send a powerful signal that human trafficking will not be tolerated in the United States,” said Attorney General Eric Holder. “The Human Trafficking Enhanced Enforcement Initiative takes our anti-trafficking enforcement efforts to the next level by building on the most effective tool in our anti-trafficking arsenal: partnerships.”

“Working together, the entire U.S. government continues to make progress in convicting traffickers, dismantling their criminal networks and protecting their victims,” said Secretary of Homeland Security Janet Napolitano. “Combating human trafficking is a shared responsibility, and the ACTeam Initiative is a critical step in successfully leveraging all our federal, state and local resources to crack down on these criminals.”

“This pilot is a necessary tool in the federal government’s crackdown on human trafficking,” added Secretary of Labor Hilda L. Solis. “Victims of these contemptuous acts have been left in an unfamiliar land with no family, no support systems, and no way to make a life for themselves. We must do whatever we can to ensure that victims of trafficking receive full restitution, including denied wages.”

On Oct. 29, 2010, at an event commemorating the 10th anniversary of the Trafficking Victims Protection Act, the Department of Justice announced that the Interagency ACTeam Initiative would be implemented in conjunction with directives within the Department of Justice to enhance coordination among the Executive Office of U.S. Attorneys, U.S. Attorney’s Offices and the department’s subject matter experts in the Civil Rights Division’s Human Trafficking Prosecution Unit and the Criminal Division’s Child Exploitation and Obscenity Section.

The ACTeam initiative follows the July 22, 2010, launch of the Department of Homeland Security’s Blue Campaign, which includes new web-based training for law enforcement officers, enhanced resources for trafficking victims and expanded public awareness campaigns. The ACTeam Initiative also follows the Department of Labor’s March 15, 2010, announcement that it would, in coordination with other federal agencies, begin certifying U non-immigrant visas for human trafficking victims and other qualifying crime victims who are identified during the course of labor investigations and enforcement actions.

The locations of the pilot ACTeams will be announced upon completion of a competitive interagency selection process.

Call to Action: Domestic Minor Sex Trafficking Deterrence and Victims Support Act of 2010

From the Polaris Project Action Site: On December 9, the U.S. Senate passed S.2925, “Domestic Minor Sex Trafficking Deterrence and Victims Support Act of 2010.” This bipartisan legislation was introduced by Senators Wyden (D-OR) and Cornyn (R-TX) and was passed with unanimous consent in the Senate. With only one week left in the Congressional session, the House must now adopt the Senate bill and pass it by Friday, December 17!

To learn more about what you can do and how to contact your representatives, click here.

According to Change.org:

The Domestic Minor Sex Trafficking Deterrence and Victims Support Act of 2010 will improve federal and state government efforts to combat domestic sex trafficking of minors by:

- Authorizing six year-long grants of $2.5 million to state or local governments in regions that have

-- a significant sex trafficking problem

-- demonstrated cooperation between law enforcement, prosecutors, and service providers in efforts to combat sex trafficking, and

-- developed a plan to combat sex trafficking that includes provisions for victims' shelter and services, training of law enforcement and service providers, and prosecution and deterrence of traffickers.

- Providing that a minimum of 25% of grant funds are used to provide shelter and services to victims of sex trafficking.

- Providing for an independent annual evaluation of grant recipients' programs.

- Requiring state reporting of missing children to the National Crime Information Center (NCIC) and encouraging the Attorney General to change the NCIC to facilitate protection of missing children.

- Encouraging states to enact safe harbor laws that presume a minor found in prostitution is a victim of a severe form of trafficking.

Safe Harbor Legislation

I spent this past summer as a U.S. Advocacy Intern with Love146, an organization fighting to end child sex slavery and exploitation. The organization, headquartered in New Haven, Connecticut, was abuzz with excitement due to Connecticut’s passage of the Safe Harbor for Exploited Children Act, Public Act 10-115, effective October 1, 2010. Far too often children are arrested for engaging in prostitution and sent to a juvenile detention facility. However, this treatment stands in stark contrast to the 2000 Federal Trafficking Victims Protection Act (TVPA) definition of a person under the age of 18 who has been “recruited, transported, harbored, provided, or obtained for purposes of a commercial sex act” as a victim of human trafficking.

U.S. Senator Dick Durbin (D-IL) recently hosted a hearing titled, “In Our Own Backyard: Child Prostitution and Sex Trafficking in the United States”, and in the opening remark stated, “We have created a legal dichotomy in America in which the federal government views prostituted children as victims, yet most states treat them as criminals.” Safe Harbor legislation seeks to eliminate the discrepancy inherent in many states handling of prostituted children and ushers in a paradigm shift viewing children as victims instead of criminals.

In Connecticut the legal age for consensual sex is 16 years of age, however, per the TVPA any person under the age of 18 found engaging in a commercial sex act is a victim of human trafficking. The Connecticut Safe Harbor Act prevents a child under 16 years of age from being charged with prostitution and views a person age 16 or 17 years of age as a victim of human trafficking.

The implementation of Safe Harbor legislation follows a biopsychosocial framework by focusing on addressing a survivors biological, psychological, and social needs post-exploitation through partnerships with social service providers. It is important to note that Safe Harbor legislation does not decriminalize prostitution but rather protects the estimated 100,000 American children forced to engage in prostitution every year.

The possibility of re-victimizing a child by focusing on criminalization instead of victimization merits a change in U.S. policy towards prostituted children. The current Safe Harbor political landscape only includes Connecticut, New York, Washington, and Illinois.The lack of awareness in the United States is contributing to the continuation of this lucrative crime. Ask your State Representatives where they stand on Safe Harbor legislation.

California Supply Chain Bill Signed into Law

Governor Schwarzenegger signs SB 657,which aims to help eliminate slavery and human trafficking from product supply chains, into law.

Part I



Part II

Department of Homeland Security Blue Campaign

From the Department of Homeland Security website:

Secretary Napolitano Launches First-Of-Its-Kind Campaign to Combat Human Trafficking

Release Date: July 22, 2010

For Immediate Release
Office of the Press Secretary
Contact: 202-282-8010

Department of Homeland Security (DHS) Secretary Janet Napolitano today launched the “Blue Campaign”—a DHS-wide initiative to combat human trafficking through enhanced public awareness, victim assistance programs, and law enforcement training and initiatives.

“The battle against human trafficking is a shared responsibility involving the Department’s federal, state, local and tribal law enforcement partners, non-profit and non-governmental organizations, governments around the world and communities across the nation,” said Secretary Napolitano. “With the Blue Campaign, we seek to shine a light on a crime that thrives in the shadows, bring traffickers to justice, and assist victims in communities across the nation.”

The Blue Campaign was officially launched today by U.S. Immigration and Customs Enforcement Director John Morton, U.S. Customs and Border Protection Commissioner Alan Bersin, U.S. Citizenship and Immigration Services Director Alejandro Mayorkas, Federal Law Enforcement Training Center Deputy Director Ken Keene and Alice Hill, Senior Counselor to Secretary Napolitano—underscoring the unified effort to prevent human trafficking, assist victims and hold traffickers accountable by bringing together the Department’s diverse resources and expertise under one initiative.

To help citizens learn to identify and properly report indicators of human trafficking, the Department is launching public outreach tools that include social media, multilingual public awareness campaigns, and a new, comprehensive one-stop website for the Department’s efforts to combat human trafficking at www.dhs.gov/humantrafficking.

The Blue Campaign also features new training initiatives for law enforcement and DHS personnel, enhanced victim assistance efforts, and the creation of new partnerships and interagency collaboration—including the deployment of additional victim assistance specialists and specialized training for law enforcement personnel.

The Blue Campaign’s name and symbol were chosen by the Department to evoke the “thin blue line” of law enforcement, as well as the global anti-human trafficking symbols the Blue Blindfold, produced by the United Kingdom Human Trafficking Center, and the Blue Heart, developed by the United Nations Office of Drugs and Crime, to help raise international awareness about this issue.

A fact sheet detailing the numerous aspects of the campaign across the Department is available here. For more information, visit www.dhs.gov/humantrafficking.

Take Action on the Trafficking Deterrence and Victims Support Act

In his recent article, Sex, Seduction, and Slavery, Nicholas Kristoff wrote "There’s a misperception in America that “sex trafficking” is mostly about foreigners smuggled into the U.S. That exists. But I’ve concluded that the biggest problem and worst abuses involve not foreign women but home-grown runaway kids." As he points out, however, domestic minor sex trafficking tends to be ignored, and its victims tend to be treated like criminals instead of victims.

Awareness of the commercial sexual exploitation of children in the United States is growing, however, as are arrests and prosecutions of the traffickers. Just last week, a Maryland man was sentenced to 37 years in prison for his role in a sex trafficking operation. "This defendant violently preyed upon some of the most vulnerable members of our society. He sought out troubled young girls and, using physical violence, drugs, guns and lies, coerced them into prostitution for his own benefit," said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. "The Department of Justice will continue to vigorously prosecute these cases."

While arresting and prosecuting the traffickers is vital, efforts cannot stop there. As Kristoff also noted, "Human trafficking tends to get ignored because it is an indelicate, sordid topic, with troubled victims who don’t make great poster children for family values. Indeed, many of the victims are rebellious teenage girls — often runaways — who have been in trouble with their parents and the law, and at times they think they love their pimps." Minor victims have complex needs and have experienced incredible trauma. There is a dearth of services for them, though.

As a Polaris Project Action Alert points out, "Each year, at least 100,000 children are victimized through commercial sex and prostitution within the United States. Particularly vulnerable to sex trafficking are runaway children, an estimated 33% of them are lured into prostitution within the first 48 hours of leaving home. Unfortunately, victims of sex trafficking, including children, are commonly overlooked in most state and federal efforts to respond to the brutal crime. A mere 80 beds in shelters nationwide are available to provide the safe shelter and professional health and social services that these victims need."

Currently, the House (HR 5575 by Rep. Maloney NY14) and Senate (S 2925 by Sen. Wyden OR) are reviewing bills that would provide crucial funding to develop and enhance comprehensive, collaborative efforts to combat the sex trafficking in the U.S. by providing six block grants of $2,500,000 each to state or local government entities who have designed a holistic approach to investigating, prosecuting and deterring sex trafficking, and providing special services and shelter to the victims.

The Senate Judiciary Committee is scheduled to review the bill on 7/29/2010. Click this link to learn more about how to urge your senators to support funding for fighting trafficking and supporting victims and survivors.

RFP for Enhanced Task Forces Announced

From the DOJ Office for Victims of Crime:

OVC FY 10 Enhanced Collaborative Model to Combat Human Trafficking

Eligibility: Applicants are limited to state and local law enforcement agencies and nonprofit victim service organizations with a demonstrated established relationship and capacity to successfully partner among themselves and key stakeholders to support an enhanced approach to identifying, rescuing, and assisting victims of all forms of human trafficking. Applicants will only be eligible to apply if their application is made in conjunction with an application from a law enforcement agency or a victim service organization. Recipients of awards under this solicitation must be located in the community, jurisdiction, or geographic area specified in the application. Grantees currently receiving human trafficking funding from BJA and OVC are eligible to apply for this funding.

Overview: Through this solicitation, BJA and OVC seek to update the DOJ multidisciplinary anti-human trafficking task force model for contemporary relevance and incorporate lessons learned into a new model: the Enhanced Collaborative Model to Combat Human Trafficking. This FY 2010 program will fund up to three Enhanced Collaborative Model Task Force sites that will take a comprehensive approach to combating all forms of trafficking–sex trafficking and labor trafficking of foreign nationals and U.S. citizens (male and female, adults and minors). A total of six cooperative agreements are expected to be awarded. Three awards are expected to be made by BJA to support law enforcement agencies to coordinate the goals, objectives, and activities of the entire task force in close collaboration with the local U.S. Attorney’s Office (USAO) and victim service provider partner; and three awards are expected to be made by OVC to support a victim service organization to coordinate the provision of a comprehensive array of culturally and linguistically appropriate services to all trafficking victims identified within the geographic area impacted by the task force.

Deadlines: Registration and Application: Registration is required prior to submission. OJP strongly encourages registering with Grants.gov several weeks before the deadline for application submission. The deadline for applying for funding under this announcement is 8:00 p.m. eastern time on July 27, 2010.

Please find the full RFP here.

US Federal Anti-Trafficking Initiatives

In June, the Department of State released the 2010 Trafficking In Persons Report. While State leads the US Federal Government's international anti-trafficking work, many other federal agencies contribute to anti-trafficking efforts in the US. While others may not have large trafficking programs, many are in a position to contribute to efforts to end slavery in the US and throughout the world. This month, we discuss various federal anti-trafficking programs.

Meg: The Department of Justice: One of the most significant programs the Department of Justice runs in relation to trafficking is operating the Office for Victims of Crime. The OVC maintains a website on trafficking with information and resources, and funds service programs for trafficking victims, which can include shelter, medical care, and legal services, among other things. Additionally, the OVC operates a Child Exploitation and Obscenity Section (CEOS), and a Trafficking in Persons and Worker Exploitation Task Force (TPWETF). The OVC's website also provides numbers to call to report suspected trafficking crimes, a directory of crime victim services, publications, and reports.

Jenn: The Department of Health and Human Services: Many federal efforts to raise awareness, identify potential victims, and provide services for trafficking victims and survivors, are coordinated through the Department of Health and Human Services via the Office of Refugee Resettlement. In addition to making awareness raising materials available to order for free, HHS coordinates Rescue and Restore Coalitions in 24 cities, regions, and states throughout the US that bring together community members, services providers, and other anti-trafficking actors. HHS also plays a vital role in connecting victims with services and funding services. According to their site, "HHS is the sole Federal agency authorized to certify adult foreign victims of human trafficking. Similarly, it is the sole Federal agency authorized to provide Eligibility Letters to minor foreign victims of human trafficking." HHS provides grants to service providers, and funds the National Human Trafficking Resource Center, which operates the national human trafficking hotline.

Amanda: The Department of Labor: The Wage and Hour Division of the Department of Labor exists to ensure that workers are receiving due compensation for work they perform without regard for their immigration status. They also work to combat human trafficking through enforcement, education, partnerships and public awareness. One particular way this is done is through their toll-free helpline (1-800-4US-WAGE). This office is key in ensuring workers are not exploited since they are allowed to do on-site investigations and interview employees about their wages, hours, deductions, transportation to work and about their living situation. Earlier this year, the Department of Labor also announced it will begin to use its authority to certify U-visas, which are for victims of major crimes including trafficking. The Wage and Hour Division will be responsible for this. After victims are identified, the Division is also responsible for calculating back wages and overtime owed to victims.

Elise Garvey: US Department of Agriculture: "One of my friends that works over at the USDA said it probably the best. You can’t have food security if the hands that picked the crops are not free." That quote comes from Ambassador Luis CdeBaca. Most people would wonder what the government agency responsible for our food safety could possibly do to combat trafficking. The point that the Ambassador makes points out the exact area where the USDA can be most helpful. One thing you may not know about the role of the USDA is that on June 18, 2008, Congress passed the Food, Conservation, and Energy Act of 2008 (“Farm Bill”). This law establishes a Consultative Group to Eliminate the Use of Child Labor and Forced Labor in Imported Agricultural Products, which is chaired by the USDA. The mandate of this Consultative Group is to “develop recommendations relating to guidelines to reduce the likelihood that agricultural products or commodities imported into the United States are produced with the use of forced labor and child labor.” (By the way, a quick mention is needed that forced labor and trafficking are not the same thing, but forced labor is a form of exploitation in which trafficking can result)

According to this same section of the Farm Bill, the recommendations from this group to the Secretary of Agriculture were supposed to be made available no later than June 18 of this year. You can find public record of their activity here, along with a communication from Secretary Vilsack that the recommendations from the group will be received shortly. While this effort can be applauded and could potentially produce important steps towards better understanding the source of our imported agricultural goods, the USDA could also help play a role in this effort in the US. Their regulatory work in food safety, including inspections and research are potential gateways for identifying problematic companies and industries where the abuse of workers are prevalent. Some sharper teeth and stronger partnerships with other federal agencies could go a long way.

Landmark as first human trafficking case goes ahead in Ireland

From Irish Central:

The first human trafficking court case will go ahead in Ireland after a slew of allegations.
Some 66 allegations of sex trafficking were made in 2009 alone.

Catherine Dunne, of the Labour Party’s women section said, "In June 2008, the 'US Trafficking in Persons Report' classified Ireland for the first time as a destination country for women, men, and children trafficked for the purposes of commercial sexual exploitation and forced labour.”

No one in Ireland has ever been charged with the crime of human trafficking even though 2008 saw the introduction of Criminal Law (Human Trafficking) Act 2008.

Out of the 66 allegations in 2009 only 13 were found not to involve human trafficking. Dunne commented on the lack of convictions, thus far, despite the introduction of the law.

She said “In the two years since this law has existed there have been no convictions…Ten prosecution cases have been initiated but we wait for a conviction. While this is not a criticism, we do want to note the fact that this is the case.

"We know from studies that trafficked girls and women have been identified in Ireland.
She added “We do not want this piece of legislation to be like the law against marital rape, which was enacted in 1990 but only secured the first conviction in 2002.”

At a Stormont Public Accounts Committee meeting last month assistant chief constable of the Police Service in Northern Ireland, Drew Harris, said “Girls in their early teens are being trafficked to Northern Ireland and forced into prostitution and servitude right under our noses.”

The conference brought to light chilling stories about various cases of trafficking discovered throughout Ireland.

Harris told the story of a young orphaned girl who had been trafficked through four countries. She was just one of 20 people the Police Service in Northern Ireland had discovered in 2006.

US Evaluation in the 2010 TIP Report

Marking the tenth anniversary since the US passed the TVPA and the UN adopted the Palermo Protocol may seem like cause enough for marking this year's TIP Report as a particularly special document. However, in addition to these milestones, the United States has been included in the tier rankings for the first time since the State Department began releasing the annual Trafficking In Persons Report. When the news was announced last year that the US would be given a tier ranking along with a summary of government efforts to combat trafficking, it was met with a healthy dose of skepticism: how could the US possibly rank itself honestly and fairly?

Previously, the TIP Report relied exclusively on data provided by the DOJ's report to Congress when adding information about the US's anti-trafficking effort. This year, however, Secretary Clinton stated that, "“We have to ensure that our policies live up to our ideals, and that is why we have for the first time included the United States.”

The US was given a Tier 1 ranking (the highest out of the four rankings a country may receive), which came as a surprise to no one. What is surprising is the diversity of information provided by the summary of the DOS findings. While you will find more information by accessing the report itself, there are a few highlights that stood out to me:

Eighty-two percent of these foreign adult victims and 56 percent of foreign child trafficking victims were labor trafficking victims.

The statistic in and of itself does not surprise me; the majority of the cases at the organization which I currently work are those trafficked for labor purposes. The percentage of child labor trafficking victims did surprise me, however, and later in the report, it mentions that the gender split in child labor trafficking victims was nearly 50-50.

What the report also mentions, of course, is that the standardization of data collection in the US has yet to develop, which is why, still to this day, we do not have an accurate representation of what trafficking looks like in the US. What will also be more helpful to understanding trafficking is data collection that reflects the nuances of cases that involve both sex and labor trafficking.

Forty-two states have enacted specific anti-trafficking statutes using varying definitions and a range of penalties. Such statutes are only gradually coming into use; during the reporting period, two states obtained their first convictions under anti-trafficking statutes passed in 2003 and 2007.

Again, not surprising, but still a pretty sad statistic. The report also mentions the disparities between states on public benefits that are available to survivors.

In a separate effort, some state and local law enforcement agencies operate under cooperative agreements following section 287(g) of the Immigration and Nationality Act, which authorizes the federally supervised enforcement of certain immigration authorities related to the investigation, apprehension, and detention of unauthorized immigrants in the United States. Participants in the 287(g) agreement must undergo training on victim and witness protections, including victim-based immigration relief. However, victim advocates reported that this training has not enhanced the response to or identification of trafficking victims or other immigrant victims of crime.

Now this surprised me in the sense that I would not have connected the 287(g) agreements with anti-trafficking efforts and I was surprised to see them mentioned at all in the TIP Report. 287(g) agreements have come under severe criticism by immigration and victim service advocates because of the role it gives law enforcement officers who would otherwise not be enforcing federal immigration law. Local and state law enforcement officials can enter into agreements with Immigration and Customs Enforcement to enforce immigration law. The fear this type of cooperation places on immigrants and migrant workers was noted in the recent HRW report on child labor in agriculture, a previous Justice Strategies report, among others. It would interesting to see if there were any concrete examples of successful identification of trafficking victims as a direct result of these agreements.

While there has been a 210 percent increase in certifications of foreign victims over the past five years, there has been no corresponding increase in funding for services. In each of the last three years, the U.S. government exhausted the funding allotted for the reimbursement system before the end of the year.

The report goes into further detail about the complications and burden the funding delivery structure also places on service providers; a problem that most directly affects survivors.

Allegations of U.S. government contractors and subcontractors engaging in forced labor and procuring commercial sex acts were well-publicized, most recently involving private security firms hired by U.S. embassies as well as DOD contractors...During the reporting period, although allegations have been investigated, no contractors were prosecuted and no contracts were terminated. An additional Department of State report to Congress is forthcoming in the summer of 2010.

I had heard information about the involvement of slave labor in the building of US embassies abroad, most notably through The Slave Next Door, but less about the security firms. Hopefully the report to Congress will contain productive information.

Of course, the report made a lengthy list of general recommendations that the US should engage in order to improve its response: improve data collection, increase law enforcement training, increase funding to service providers, improve cooperation among stakeholders, make immigrant and migrant workers more aware of their rights. As Ambassador Lu CdeBaca put it, "As we celebrate the timeless words of our Constitution’s 13th Amendment – that '[n]either slavery nor involuntary servitude … shall exist' – we recognize that such absolute guarantees need to be constantly enforced lest they only be words on a page."

Hopefully, with a more continuous process to collect the information on effort in the US for the TIP Report, these recommendations, however vague, will become more than just words on a page.

New York's New Domestic Worker Law

Last week, the New York State Senate approved the Domestic Workers Bill of Rights. According to the bill summary, the legislation "Enacts provisions relating to labor standards for domestic workers; includes provisions for a living wage, overtime pay, vacation, sick and personal time, advance notice of termination and severance pay; also prohibits trafficking in domestic workers; requires record keeping and notice; includes domestic workers under provisions of the labor law; includes penalties for violations thereof."

Currently, domestic workers are not covered under the Fair Labor Standards Act and are excluded from the National Labor Relations Act, making them particularly vulnerable to exploitation, including human trafficking. Advocacy groups believe that this could be an important step to redressing these inequalities, particularly if the New York law sets precedence in other states.

As Tyler has reported in relation to Kuwait and Qatar, the US is not alone in excluding domestic workers from basic labor protection. Often domestic labor is performed by immigrant populations, particularly women of color, who have historically been denied other basic rights and protections. This creates a vicious cycle where people who are already vulnerable to exploitation due to denial of other rights, poverty, racism, and gender discrimination, are made even more vulnerable by laws that are inacted because of racism and gender discrimination.

Human trafficking involving forced domestic servitude/domestic slavery has been identified in the US. The anti-trafficking organization Break the Chain Campaign began due to "an expose in the Washington City Paper by IPS Fellow Martha Honey (entitled "Capital Slaves"), which chronicled the lives of women living in virtual slavery while working as domestic servants for officials of the World Bank and other international agencies." In 2006, two Egyptian nationals "to federal charges for enslaving a 10-year-old girl for two years and forcing her to work as a domestic servant for their family of seven at their Irvine residence." A Wisconsin couple were sentenced in 2009 for forcing a woman to work as their domestic slave for 19 years.

In order for the New York Domestic Workers Bill of Rights to become law, New York Governor David Paterson must sign a reconcilled of the bill; according to New York Business, last year Governor Paterson pledged to sign the legislation.

Photo from the New York Independent Media Center.

State Trafficking Laws

The Trafficking Victims Protection Act of 2000 was the first piece of federal legislation to address modern-day slavery specifically. It has been reauthorized multiple times, most recently in 2008. Since its enactment, states have implemented their own anti-trafficking legislation, that has been varied in timeliness, scope, and focus; some states have implemented innovative anti-trafficking laws; others have yet to take any concrete action. This month, the writers of HTP report on their own state's legislative efforts.

Meg: Oregon has two different trafficking-related offenses: involuntary servitude and trafficking in persons. "Involuntary servitude" involves forcing another to perform services by means of some kind of threat, and "trafficking" involves involuntary servitude with the addition of financial or other gain by the trafficker as a result of the forced services. Trafficking in persons is a Class B felony, and involuntary servitude can either be a Class B or Class C felony, depending on the severity of the threat or coercion by the offender. Victims of trafficking or involuntary servitude may claim the defense of duress if they are prosecuted for acts performed as a result of the coercion (presumably this refers to prostitution), but apparently they are not immune from prosecution altogether. Engaging in prostitution is a lesser crime (a misdemeanor) than inducing prostitution (a felony). It does not appear that there is an exception for minors. One interesting fact: Oregon passed a law this year that requires the Oregon Liquor Control Commission to distribute information on human trafficking (provided by the Polaris Project) to the establishments it licenses, including stickers with a hotline number that owners will be encouraged to post in a prominent location.

Jenn: Despite being the headquarters of federal government anti-trafficking efforts and numerous national and international anti-trafficking NGOs, the District of Columbia currently lacks an anti-trafficking law. Today, June 1st 2010, though, legislation will go before the City Council of D.C. to address this deficiency. According to Polaris Project, if passed the proposed legislation would "create the crime of human trafficking, covering both labor and sex trafficking, with appropriately severe penalties. It would provide crucial assistance to victims, including access to a victim advocate to develop a safety plan and it would allow civil cases to be brought by a victim against his/her trafficker." Such legislation is an important first step to additional anti-trafficking policy in D.C. to address the realities of slavery in the Nation's Capital.

Anti-Trafficking Legislation 2010

As many state legislative sessions come to a close, it is useful to take stock of anti-trafficking legislation that has passed this year. A number of states have passed bills that address different aspects of trafficking or that take creative approaches to combating trafficking.

Alabama and Vermont both passed laws making trafficking in persons a state crime for the first time. While this is exciting progress, several states still do not have laws criminalizing trafficking, such as West Virginia and South Dakota.

Other states that already had anti-trafficking legislation moved forward on efforts to increase penalties for traffickers. Maryland legislation that passed this session will increase penalties for traffickers, and create penalties for people that knowingly benefit from trafficking.

Beyond criminal provisions, some states passed legislation that will help people report potential cases and help victims connect with services. Maryland and Oregon both passed bills that will mandate or encourage certain establishments to post the human trafficking hotline number for the National Human Trafficking Resource Center. In Maryland, hotels that have been the location of arrests for prostitution, solicitation of a minor, and/or human trafficking will have to post the number; in Oregon, establishments that sell alcohol will be provided with free materials with the hotline number. Washington state also passed legislation that will allow for the hotline number to be posted in rest stops in the state.

Following New York's example, Connecticut and Washington also have become leaders in addressing commercial sexual exploitation of children/sex trafficking of minors through so-called Safe Harbor Legislation. Such laws aim to divert minor victims of sex trafficking, who in the past may have been arrested for prostitution and treated like criminals, from the criminal justice system. Instead, minors will be directed towards service for trafficking victims/survivors. Other states, such as Illinois, are considering similar legislation.

While this session has seen the passage of a number of important pieces of anti-trafficking legislation, much remains to be done, and constituents play a vital role in pushing legislators to take action. Please encourage your representatives to address trafficking in your state.

Mexico takes lead in launching national campaign against human trafficking

"It is an honor for us Mexicans to be the first country in the world to launch this important prevention campaign against trafficking."

- Felipe Calderon, President of Mexico

Upcoming Webinar on Forced Labor and Corporate Social Accountability

From Steptoe & Johnson:

Corporate Social Accountability Webinar on Forced Labor

(A Steptoe-Sponsored Event)

April 27, 2010

3:00 p.m. - 4:00 p.m. EDT

Steptoe hosts Ambassador Luis CdeBaca from the US Department of State who will discuss renewed government emphasis on forced labor

We would like to extend a special invitation to join us for a webinar featuring Ambassador Luis CdeBaca, Director of the State Department's Office to Monitor and Combat Trafficking in Persons, to discuss the new and increased US Government enforcement efforts to counter forced labor, including the use of forced and child labor in the production of US imports. From the perspective of his role as Chair of the Senior Policy Operating Group on Trafficking in Persons, he will discuss the Obama Administration’s vision for corporate social accountability and the enhanced focus on supply chains. He will also share information about his office’s Annual Trafficking in Persons Report and programs as tools to combat forced labor.

Steptoe partner Jonathan Drimmer will discuss the various risks to companies with suppliers that may engage in abusive labor practices, including litigation risks, as well as best practices for enhancing compliance with labor standards and regulations.

Presenters:

Ambassador Luis CdeBaca: In May 2009, Ambassador Luis CdeBaca was appointed by President Obama to coordinate US government activities in the global fight against contemporary forms of slavery. He serves as Senior Advisor to the Secretary and directs the State Department's Office to Monitor and Combat Trafficking in Persons, which assesses global trends, provides training and technical assistance, and advocates for an end to modern slavery. Mr. CdeBaca formerly served at the Justice Department, where he was one of the country's most-decorated federal prosecutors, leading the investigation and prosecution of cases involving organized crime, human trafficking, and money laundering. He was awarded the Attorney General's Distinguished Service Award for his service as lead trial counsel in a forced labor case involving over 300 Vietnamese and Chinese workers in a garment factory in American Samoa. Mr. CdeBaca has also served as Counsel to the House Committee on the Judiciary.

Jonathan Drimmer is head of the Business and Human Rights practice at Steptoe & Johnson LLP. Mr. Drimmer helps companies concerned about compliance with human rights norms and allegations of potential abuses, whether based on the nature of their industries, the high-profile nature of their brands, the location of their overseas operations, or in response to specific scenarios. He helps companies audit and assess their operations to identify risks and design effective compliance solutions, and represents them in litigation where necessary. A former deputy director in the Office of Special Investigations in the US Department of Justice, Mr. Drimmer prosecuted a number of high-profile cases involving major human rights violations, including some of the government’s most high-profile cases. Mr. Drimmer is a recognized authority and frequent media commentator on the Alien Tort Statute.

To register: Click here to register

For more information: Please e-mail events@steptoe.com.

To learn more about Steptoe's work in this area, please visit the Business and Human Rights practice page.

DOL to start certifying U Visa applications

From the Department of Labor:

US Labor Department to exercise authority to certify applications for U visas.

Action will help victims who aid law enforcement

WASHINGTON — Secretary of Labor Hilda L. Solis . . . announced [on March 15th, 2010] that the U.S. Department of Labor will begin exercising its authority to certify applications for U Nonimmigrant Status Visas. U visas — as they are known — are designed to help victims of qualifying criminal activities who have suffered substantial physical or mental abuse and are willing to assist law enforcement or other government officials in the investigation or prosecution of those crimes.

"Regardless of immigration status, no one should have to suffer criminal abuse silently. U visas give some measure of security to immigrant victims who are desperate to escape an abusive situation and are willing to cooperate with law enforcement," said Secretary Solis. "I have instructed Labor Department investigators to identify potential U visa applicants as they conduct workplace investigations. This action will help local law enforcement rescue vulnerable immigrants from suffering and help put criminals behind bars."

Individuals who receive U visas may remain in the United States for up to four years and may eventually apply for permanent residency. The U visa was created by the Victims of Trafficking and Violence Prevention Act of 2000. Qualifying criminal activities involve violations of certain federal, state or local criminal laws, including: abduction, abusive sexual contact, blackmail, domestic violence, extortion, false imprisonment, female genital mutilation, felonious assault, hostage-taking, incest, involuntary servitude, kidnapping, manslaughter, murder, obstruction of justice, peonage, perjury, prostitution, rape, sexual assault, sexual exploitation, slave trade, torture, trafficking, witness tampering, unlawful criminal restraint and other related crimes.

Labor Department authority to certify U visas will be delegated to its Wage and Hour Division, which will identify potential applicants in appropriate circumstances during the course of workplace investigations. Among other U visa application requirements, a federal law enforcement agency or official must certify that the U visa petitioner has been helpful, is being helpful or is likely to be helpful in the investigation or prosecution of the criminal activity.

To view a fact sheet and more information about the certification of U visas, click here.

Read this news release en Español.

While the U Visa is not strictly for trafficking survivors, this is potentially big news for service providers, particularly legal service providers. The Department of Labor is involved in many investigations and task forces around the U.S., and the Wage & Hour Division's access to farms and workplaces make their inspectors particularly important eyes and ears for detecting trafficking. For those of you who are not familiar with the recent history of DOL inspectors, the number of inspectors plummeted and remained low during the last two decades. Just this year, the GAO released a report detailing their findings on the inadequacy of the Wage & Hour Division's Complaint Intake and Investigation Process, which the GAO felt left many low-wage workers unprotected. In addition to this new certification ability, the Obama administration earmarked funding to improve the Wage & Hour Division earlier this year.

State-Level Human Trafficking Policy

During the 2010 legislative session, state legislators around the United States are reviewing and enacting a range of anti-trafficking laws. Though federal laws and legislation play a leading role in fighting human trafficking, state-level policy has a vital role to play in filling in gaps, addressing the local trafficking context, and increasing victim identification. Pending and proposed state legislation ranges from attempts to catch up with other states to innovative efforts.

Earlier this month, a Vermont Senate Committee began considering a bill that would make Vermont's state trafficking laws comprehensive. Currently, only sex trafficking is covered under Vermont's law; labor trafficking is ignored. Vermont is one of five states that lacks a comprehensive law.

Several states are considering legislation that would strengthen penalties for trafficking. The Utah House passed a bill that would make it a separate charge for each person someone trafficked. A California bill that has received support of many anti-trafficking NGOs would increase sentencing minimums and maximums for human trafficking, and would also include fines of up to $500,000. The bill also would mandate human trafficking training for law enforcement officers and increase measures to protect victims.

Oklahoma is also reviewing a bill that could enhance penalties for trafficking, but in a slightly different way. Senate Bill 2258, which recently was approved by the Senate Appropriations Committee, would increase penalties for destroying or taking someone's personal identification documents. Since traffickers often control victims through controlling victims' documentation, supporters argue this bill would help fight trafficking.

The California State Senate recently approved a bill that would require manufacturers and retailers to develop, implement, and maintain policies to help eliminate human trafficking in their supply chains. This bill takes a unique approach to anti-trafficking work by encouraging corporate responsibility. If it is successful, it could be a useful and influential model for other states.

An Oregon bill that unanimously passed the State Senate and is now headed to the Governor for final ratification aims to raise awareness and increase identification of victims. The bill would allow for stickers with the national human trafficking hotline number to be disseminated to and displayed by establishments that sell alcohol. Texas enacted a similar bill in 2007.

Polaris Project's U.S. Policy Program tracks state anti-trafficking policy efforts. The Action Center includes information on how to advocate for pending anti-trafficking legislation.

California State Senate Approves Supply Chain Bill

The California State Senate recently approved a progressive new human trafficking bill, SB 657, that would require manufacturers and retailers to develop, implement, and maintain policies to help eliminate human trafficking in their supply chains. One of the bill's more interesting points is the requirement that companies take good faith measures to eradicate human trafficking in their existing supply chains, rather than merely stopping business in areas found to be tainted by slavery. The bill as written would not apply to companies with less than $2 million in annual sales.

The bill was passed to the California State Assembly for consideration on January 28.

The executive director of the Coalition to Abolish Slavery and Trafficking, a Los Angeles-area organization that works on behalf of human trafficking victims, has issued the following statement:

“We commend the California State Senate for its passage of SB 657, which will require the California business community to pro-actively prevent forced labor by ensuring that all of the suppliers in its supply chain will comply with the laws regarding slavery and human trafficking in the countries in which they do business, and that where slavery and human trafficking is found in its supply chain, it will seek eradication.

The advancement of this legislation comes at an opportune time, as we are in the midst of commemorating National Human Trafficking and Slavery Prevention month to raise awareness for the at least 17,000 people trafficked into the United States every year, and California as one of the top four points of entry into the U.S.

SB 657 represents a significant step towards the elimination of modern-day trafficking and slavery and, with the 150th anniversary of the Emancipation Proclamation soon approaching, we are reminded of the need to eliminate human trafficking and slavery once and for all.”

Photo credit: Bill Ferris