Human Trafficking Modern Day Slavery

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Information about Human Trafficking Modern Day Slavery

Published on November 15, 2007

Author: tranceking

Source: slideshare.net

HUMAN TRAFFICKING : Modern Day Slavery

Human Trafficking Some rough estimates of the scope of the problem In the U.S. 18,000-20,000 women and children trafficked annually, plus thousands of men Two million people trafficked worldwide annually Twenty seven million people in slavery around the world Nine billion dollar business

Some rough estimates of the scope of the problem

In the U.S. 18,000-20,000 women and children trafficked annually, plus thousands of men

Two million people trafficked worldwide annually

Twenty seven million people in slavery around the world

Nine billion dollar business

Compared to Drugs or Arms, Human Trafficking: Is more profitable Produces continuous profits Involves little or no risk

Is more profitable

Produces continuous profits

Involves little or no risk

Victims of Trafficking and Violence Protection Act - 2000 A comprehensive law Prevention Prosecution Protection Reauthorization Act of 2003 and 2005 Amendments under VAWA 2005

A comprehensive law

Prevention

Prosecution

Protection

Reauthorization Act of 2003 and 2005

Amendments under VAWA 2005

Dimensions of Human Trafficking – Key Topics Definitions and key terminology The who, what and how of human trafficking and slavery Why it is important to view this issue from a human rights perspective The basics of the U.S. anti-trafficking law The challenges and rewards of working with trafficked and enslaved persons

Definitions and key terminology

The who, what and how of human trafficking and slavery

Why it is important to view this issue from a human rights perspective

The basics of the U.S. anti-trafficking law

The challenges and rewards of working with trafficked and enslaved persons

Human Trafficking “ Whoever knowingly recruits, harbors, transports, provides, or obtains by any means, any person for labor or services in, slavery, involuntary servitude or forced labor, peonage =( A system by which debtors are bound in servitude to their creditors until their debts are paid ) . . .” US Criminal Law OR Anyone who is being manipulated or forced to work against his/her will or provide services for the benefit of someone else (involuntary servitude)

“ Whoever knowingly recruits, harbors, transports, provides, or obtains by any means, any person for labor or services in, slavery, involuntary servitude or forced labor, peonage =( A system by which debtors are bound in servitude to their creditors until their debts are paid ) . . .”

US Criminal Law

OR

Anyone who is being manipulated or forced to work against his/her will or provide services for the benefit of someone else (involuntary servitude)

Three Elements of Trafficking A woman came to see Aurelia’s mother in her Mexican village to offer Aurelia a job as a cook in America. She promised that Aurelia would make $200 per month and could go to school. The woman brought Aurelia into the U.S. by car and took her to a bar in Texas. Aurelia was told she would be working in the bar and had to pay off a $7,500 debt to the owners by working as a prostitute. When Aurelia refused to do the work and asked to go back home, the owners beat her and threatened to harm her mother if she did not do the work. Recruiting OR Harboring OR Moving OR Obtaining a person , 1 PROCESS by Force OR Fraud OR Coercion 2 MEANS For the purposes of Involuntary Servitude OR Debt Bondage OR Slavery OR Sex Trade 3 END

Trafficking Vs. Smuggling Trafficking Crime or violation against a person Contains element of coercion (cannot consent to enslavement) Subsequent exploitation and/or forced labor Trafficked persons seen as victims by the law Smuggling Unauthorized border crossing No coercion Facilitated illegal entry of person from one country to another Smuggled persons seen as criminals by the law

Trafficking

Crime or violation against a person

Contains element of coercion (cannot consent to enslavement)

Subsequent exploitation and/or forced labor

Trafficked persons seen as victims by the law

Smuggling

Unauthorized border crossing

No coercion

Facilitated illegal entry of person from one country to another

Smuggled persons seen as criminals by the law

Modern-Day Slavery: A Prison Without Walls Threats of deportation Withholding documents Threats to family members in home country Isolation Verbal abuse Psychological coercion is often coupled with threatened or actual physical violence and sexual assault

Threats of deportation

Withholding documents

Threats to family members in home country

Isolation

Verbal abuse

Psychological coercion is often coupled with threatened or actual physical violence and sexual assault

Some Examples of Trafficking and Slavery Domestic service Prostitution Marriage Factories Peddling/Begging Agriculture Criminal activity Restaurant work Construction Hotel/motel housekeeping Other informal labor sectors

Domestic service

Prostitution

Marriage

Factories

Peddling/Begging

Agriculture

Criminal activity

Restaurant work

Construction

Hotel/motel housekeeping

Other informal labor sectors

Who Are Trafficked and Enslaved Persons? Men, women and children Varying ages Varying levels of education Voluntary migrants Seeking to improve their situation

Men, women and children

Varying ages

Varying levels of education

Voluntary migrants

Seeking to improve their situation

Why People Decide to Migrate Economic Social Personal Civil unrest Political persecution Escape from gender- based discrimination Adventure/opportunity

Economic

Social

Personal

Civil unrest

Political persecution

Escape from gender-

based discrimination

Adventure/opportunity

Why Migrants Are Vulnerable to Human Traffickers Immigration laws/policies Demand for migrant work, but lack of safe, legal ways to migrate Seeking marriage Ethnic, religious, national discrimination Dependence on third parties for information about migration

Immigration laws/policies

Demand for migrant work, but lack of safe, legal ways to migrate

Seeking marriage

Ethnic, religious, national discrimination

Dependence on third parties for information about migration

Who Are The Human Traffickers and Slaveholders? Organized crime Neighbors, friends, family members, village chiefs, returnees Agricultural operations Owners of small or medium-sized businesses Families (including diplomats)

Organized crime

Neighbors, friends, family members, village chiefs, returnees

Agricultural operations

Owners of small or medium-sized businesses

Families (including diplomats)

How People Are Recruited Acquaintances or family Newspaper ads Fake employment agencies Front businesses Word of mouth Abduction

Acquaintances or family

Newspaper ads

Fake employment agencies

Front businesses

Word of mouth

Abduction

A Human Rights Approach To Human Trafficking and Slavery Focuses on situation, needs and rights of trafficked and enslaved persons Respects individual autonomy and rights Is empowering and non-judgmental Connects rights of the individual to prosecution of traffickers and slaveholders

Focuses on situation, needs and rights of trafficked and enslaved persons

Respects individual autonomy and rights

Is empowering and non-judgmental

Connects rights of the individual to prosecution of traffickers and slaveholders

Approaches to Human Trafficking: An Organized Crime Problem Focus on detecting and prosecuting criminals Effects. Victims become: “Disposable” witnesses Criminals Vulnerable to re-trafficking and re-enslavement

Focus on detecting and prosecuting criminals

Effects. Victims become:

“Disposable” witnesses

Criminals

Vulnerable to re-trafficking and re-enslavement

Approaches to Human Trafficking: An Immigration Problem Focus on stopping irregular migration Migration ban of women/girls Effects: Stricter visa regulations and border controls, especially for young women Migration industry forced underground Illegal migrants deported immediately Strengthens role and power of traffickers

Focus on stopping irregular migration

Migration ban of women/girls

Effects:

Stricter visa regulations and border controls, especially for young women

Migration industry forced underground

Illegal migrants deported immediately

Strengthens role and power of traffickers

A Victim-Centered Approach Attorneys Service Providers Law Enforcement Victim

Victims Of Human Trafficking and Slavery Are Entitled To: Safety Privacy Information Legal representation Be heard in court Compensation for damages Medical assistance Social assistance Seek residence Return

Safety

Privacy

Information

Legal representation

Be heard in court

Compensation for damages

Medical assistance

Social assistance

Seek residence

Return

The Goal Restoration of dignity Understanding of human rights Having options and making choices Independence

Restoration of dignity

Understanding of human rights

Having options and making choices

Independence

What Are The Options For Relief And Recovery? Criminal prosecution Civil law remedies Repatriation Immigration Even without documentation, every person in the United States is protected by US labor & criminal law.

Criminal prosecution

Civil law remedies

Repatriation

Immigration

Even without documentation, every person in the United States is protected by US labor & criminal law.

Immigration Relief: Trafficking Victim Visa (“T” Visa)

Trafficking Visa (T visa) New visa created to offer safe haven for certain eligible victims of severe forms of trafficking in persons Who are assisting law enforcement authorities in investigating and prosecuting traffickers

New visa created to offer safe haven for certain eligible victims of severe forms of trafficking in persons

Who are assisting law enforcement authorities in investigating and prosecuting traffickers

T Visa: Visa for Victims of Trafficking For victims of a severe form of trafficking in persons, i.e., sex, labor; Compliance with any reasonable request for assistance in the investigation or prosecution. UNLESS victim is under the age of 18 Extreme hardship involving unusual harm upon removal.

For victims of a severe form of trafficking in persons, i.e., sex, labor;

Compliance with any reasonable request for assistance in the investigation or prosecution.

UNLESS victim is under the age of 18

Extreme hardship involving unusual harm upon removal.

What Is A T Visa? Enables certain victims of human trafficking and/or slavery to live and work in U.S. for three years (VAWA= Violence Against Women Act )2005 – 4 years) Can apply for adjustment of status to lawful permanent resident Can petition to have spouses and children accompany ( and parents and siblings if under 21) Cap of 5,000 visas annually

Enables certain victims of human trafficking and/or slavery to live and work in U.S. for three years (VAWA= Violence Against Women Act )2005 – 4 years)

Can apply for adjustment of status to lawful permanent resident

Can petition to have spouses and children accompany ( and parents and siblings if under 21)

Cap of 5,000 visas annually

T visa requirements Applicant is or was victim of severe form of trafficking in person Applicant physically present in the U.S., Am. Samoa, N. Mariana Islands due to trafficking Applicant either is under 18 or has complied with any federal LEA (local education agency) reasonable. request for assistance in the investigation or prosecution of acts of trafficking Applicant would suffer extreme hardship involving unusual and severe harm if removed Applicant has not engaged in trafficking

Applicant is or was victim of severe form of trafficking in person

Applicant physically present in the U.S., Am. Samoa, N. Mariana Islands due to trafficking

Applicant either is under 18 or has complied with any federal LEA (local education agency) reasonable. request for assistance in the investigation or prosecution of acts of trafficking

Applicant would suffer extreme hardship involving unusual and severe harm if removed

Applicant has not engaged in trafficking

Severe form 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.

(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.

SEX TRAFFICKING “ Sex trafficking” = recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act Commercial sex act means any sex act on account of which anything of value is given to or received by any person.

“ Sex trafficking” = recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act

Commercial sex act means any sex act on account of which anything of value is given to or received by any person.

Extreme hardship involving unusual and severe harm USCIS will consider: Applicant’s age and circumstances; Applicant’s serious physical or mental illness and availability of medical or psychological attention in foreign country; The physical and psychological consequences of the trafficking activity; The impact on applicant of loss of access to U.S. courts and criminal justice system, for ex., for protection of the applicant and criminal and civil redress for the acts of trafficking The reasonable expectation that laws, social practices, or customs in the applicant’s country would penalize the applicant severely for having been the victim of trafficking; The likelihood of re-victimization and the ability and willingness of foreign authorities to protect the applicant; The likelihood of harm to applicant by trafficker or others on trafficker’s behalf; and Civil unrest or armed conflict in applicant’s country that are likely to affect applicant’s safety.

USCIS will consider:

Applicant’s age and circumstances;

Applicant’s serious physical or mental illness and availability of medical or psychological attention in foreign country;

The physical and psychological consequences of the trafficking activity;

The impact on applicant of loss of access to U.S. courts and criminal justice system, for ex., for protection of the applicant and criminal and civil redress for the acts of trafficking

The reasonable expectation that laws, social practices, or customs in the applicant’s country would penalize the applicant severely for having been the victim of trafficking;

The likelihood of re-victimization and the ability and willingness of foreign authorities to protect the applicant;

The likelihood of harm to applicant by trafficker or others on trafficker’s behalf; and

Civil unrest or armed conflict in applicant’s country that are likely to affect applicant’s safety.

Benefits of the T visa Nonimmigrant status in U.S. for 3 yrs Employment authorization Possibility of nonimmigrant status for family Possibility of adjusting status to LPR ( Lawful Permanent Resident ) after 3 yrs Same benefits as refugees

Nonimmigrant status in U.S. for 3 yrs

Employment authorization

Possibility of nonimmigrant status for family

Possibility of adjusting status to LPR ( Lawful Permanent Resident ) after 3 yrs

Same benefits as refugees

Child Victims of Trafficking Children are not required to cooperate with law enforcement If safe and appropriate, children may return to their families Children are eligible for services if they remain in the U.S. Through the unaccompanied refugee minor (URM) program of the US Conference of Catholic Bishops or Lutheran Immigrant and Refugee Services (LIRS) Through community services for youth Through state child welfare system Custody issues are different in each situation and there are advantages and disadvantages to different programs Cases can be very complicated, contact an attorney to help assess all of the options in a case Children can also apply for the T visa and immigrate their parents and siblings to the U.S.

Children are not required to cooperate with law enforcement

If safe and appropriate, children may return to their families

Children are eligible for services if they remain in the U.S.

Through the unaccompanied refugee minor (URM) program of the US Conference of Catholic Bishops or Lutheran Immigrant and Refugee Services (LIRS)

Through community services for youth

Through state child welfare system

Custody issues are different in each situation and there are advantages and disadvantages to different programs

Cases can be very complicated, contact an attorney to help assess all of the options in a case

Children can also apply for the T visa and immigrate their parents and siblings to the U.S.

Law Enforcement Agency Role Victim must contact federal or state law enforcement agency (LEA) BUT can get visa without LEA endorsement LEA endorsement proves victim has complied with reasonable request

Victim must contact federal or state law enforcement agency (LEA)

BUT can get visa without LEA endorsement

LEA endorsement proves victim has complied with reasonable request

Lawful permanent residence for T visa recipients Who Prove: Continuous presence in the U.S. for 3 years Good moral character Complied with with reasonable request for assistance in the investigation or prosecution (If over age 18) or Would suffer extreme hardship if denied

Continuous presence in the U.S. for 3 years

Good moral character

Complied with with reasonable request for assistance in the investigation or prosecution (If over age 18) or

Would suffer extreme hardship if denied

What Is Continued Presence? Provides temporary immigration relief to potential witnesses who are victims of severe forms of trafficking ( See Reauthorization Act 2005 – State and Local law enforcement) Provides work authorization

Provides temporary immigration relief to potential witnesses who are victims of severe forms of trafficking

( See Reauthorization Act 2005 – State and Local law enforcement)

Provides work authorization

What Is Certification? Adult victims of a severe form of trafficking who have been certified by HHS eligible for benefits to the same extent as a refugee Children receive letter of eligibility

Adult victims of a severe form of trafficking who have been certified by HHS eligible for benefits to the same extent as a refugee

Children receive letter of eligibility

Who Is Eligible For Certification? Individual must be determined to be a victim of a severe form of trafficking by a federal law enforcement agency. Individual is willing to assist in the investigation or prosecution of a trafficking and/or slavery case. AND Has received a bona fide T Visa determination letter or has been granted Continued Presence Children need to meet only the first criterion

Individual must be determined to be a victim of a severe form of trafficking by a federal law enforcement agency.

Individual is willing to assist in the investigation or prosecution of a trafficking and/or slavery case. AND

Has received a bona fide T Visa determination letter or has been granted Continued Presence

Children need to meet only the first criterion

Other Forms of Immigration Relief U Visa Victims of certain criminal activity who suffered substantial physical or mental abuse S Visa Person is in possession of information concerning criminal organization or enterprise Asylum Person has suffered or fears persecution based on race, religion, nationality, political opinion or membership in a particular social group in country of origin

U Visa

Victims of certain criminal activity who suffered substantial physical or mental abuse

S Visa

Person is in possession of information concerning criminal organization or enterprise

Asylum

Person has suffered or fears persecution based on race, religion, nationality, political opinion or membership in a particular social group in country of origin

Other Forms of Immigration Relief, cont’d Special Immigrant Juvenile Status Children eligible for long-term foster care due to abuse, neglect or abandonment when return to home country not a viable option Violence Against Women Act Allows certain battered immigrants to file for immigration relief without abuser’s assistance or knowledge

Special Immigrant Juvenile Status

Children eligible for long-term foster care due to abuse, neglect or abandonment when return to home country not a viable option

Violence Against Women Act

Allows certain battered immigrants to file for immigration relief without abuser’s assistance or knowledge

THE END

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