Advanced Human Trafficking in the State of Texas

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Advanced Human Trafficking in the State of Texas TCLEOSE CLASS #: 3271

Advanced Human Trafficking in the State of Texas TCLEOSE CLASS #: 3271

Video part one

Video part one

OVERVIEW 4 Understanding human trafficking 4 Identify the stages and elements of human trafficking

OVERVIEW 4 Understanding human trafficking 4 Identify the stages and elements of human trafficking 4 Communicating with victims of human trafficking 4 Role of local law enforcement 4 Non-governmental organization involvement 3

FREQUENTLY ASKED QUESTIONS What is human trafficking? Are there differences between human trafficking and

FREQUENTLY ASKED QUESTIONS What is human trafficking? Are there differences between human trafficking and human smuggling? Who are human traffickers? If I come in contact with a suspected victim of human trafficking who should I contact? 4

FREQUENTLY ASKED QUESTIONS Do victims of human trafficking need to be physically restrained /

FREQUENTLY ASKED QUESTIONS Do victims of human trafficking need to be physically restrained / detained? What are the main elements of trafficking? Are there domestic trafficking victims in the United States? What type of person is most commonly victimized? 5

COMMON MYTHS MYTH: Human trafficking and smuggling are the same. FACT: Smuggling is based

COMMON MYTHS MYTH: Human trafficking and smuggling are the same. FACT: Smuggling is based on a consensual agreement between smuggler and client while trafficking is a result of fraud, force or coercion by a suspect on a victim. Smuggling may become trafficking. 6

COMMON MYTHS MYTH: Traffickers are always strangers. FACT: Anyone who receives something of value

COMMON MYTHS MYTH: Traffickers are always strangers. FACT: Anyone who receives something of value for the exploited services can be a trafficker. This includes parents, family members, or friends, as well as unknown persons or strangers. 7

COMMON MYTHS MYTH: Human trafficking investigations/prosecutions are only handled by the federal government. FACT:

COMMON MYTHS MYTH: Human trafficking investigations/prosecutions are only handled by the federal government. FACT: Human trafficking cases may be investigated and prosecuted by the state (PC 20 A. 02) or at the federal level. 8

COMMON MYTHS MYTH: Trafficking victims always seek help to escape their exploitation. FACT: Trafficking

COMMON MYTHS MYTH: Trafficking victims always seek help to escape their exploitation. FACT: Trafficking victims will not always self-identify or seek help. They may be too traumatized and need additional time to reveal their victimization. 9

COMMON MYTHS MYTH: Movement is required for trafficking to occur. FACT: Trafficking can occur

COMMON MYTHS MYTH: Movement is required for trafficking to occur. FACT: Trafficking can occur without movement. Force, fraud or coercion are the necessary elements, not movement. 10

COMMON MYTHS MYTH: All trafficking victims are immigrants or foreign nationals. FACT: Trafficking victims

COMMON MYTHS MYTH: All trafficking victims are immigrants or foreign nationals. FACT: Trafficking victims can be U. S. citizens or lawful residents. 11

COMMON MYTHS MYTH: All trafficking victims are females. FACT: Anyone can be a trafficking

COMMON MYTHS MYTH: All trafficking victims are females. FACT: Anyone can be a trafficking victim, regardless of age and gender. 12

COMMON MYTHS MYTH: All “prostitutes” are criminals and are willing participants. FACT: Persons involved

COMMON MYTHS MYTH: All “prostitutes” are criminals and are willing participants. FACT: Persons involved in prostitution may have been forced or coerced into providing sexual services, especially in the case of minors. 13

HUMAN TRAFFICKING DEFINED The Trafficking Victims Protection Act (TVPA) defines trafficking as: a. sex

HUMAN TRAFFICKING DEFINED The Trafficking Victims Protection Act (TVPA) defines trafficking as: 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 an 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 victim need not be physically transported from one location to another in order for the crime to fall within these definitions. 14

HUMAN TRAFFICKING CONCEPTS 4 Human trafficking is a form of modern-day slavery. 4 Victims

HUMAN TRAFFICKING CONCEPTS 4 Human trafficking is a form of modern-day slavery. 4 Victims of trafficking are exploited for commercial sex or labor purposes. 4 Traffickers use force, fraud, or coercion to control their victims. 4 Exploitation is a key element to the crime of human trafficking. 4 The physical movement of the victim is not a prerequisite. 15

TRAFFICKING VS SMUGGLING Trafficking Smuggling 4 Crime or violation against a person 4 Crime

TRAFFICKING VS SMUGGLING Trafficking Smuggling 4 Crime or violation against a person 4 Crime against the nation’s sovereignty 4 Contains element of coercion (victim cannot consent to enslavement) 4 No coercion, contact ends after entry 4 Subsequent exploitation (forced labor for debt) 4 Fees paid in advance or upon arrival 4 Can occur domestically 4 Always international in nature 4 Trafficked individuals seen as victims 4 Individuals making illegal entry are seen as violators

WHO ARE HUMAN TRAFFICKERS? 4 Friends and family members 4 Organized criminal groups •

WHO ARE HUMAN TRAFFICKERS? 4 Friends and family members 4 Organized criminal groups • local gangs • drug trafficking organizations 4 Smugglers 4 Pimps/madams 4 Adult entertainment industry 4 Massage parlor operators 4 Labor subcontractors 17

STAGES OF VICTIMIZATION 4 Vulnerability • • Looking for better life Escape current conditions

STAGES OF VICTIMIZATION 4 Vulnerability • • Looking for better life Escape current conditions 4 Recruitment • • Voluntary (fraud) Forced (force or coercion) 4 Exploitation (physical and psychological) 4 Resolution • • • Rescue Escape Death

METHODS USED TO CONTROL VICTIMS FORCE, FRAUD AND COERCION are methods used by traffickers

METHODS USED TO CONTROL VICTIMS FORCE, FRAUD AND COERCION are methods used by traffickers to press victims into lives of servitude and abuse. 19

FORCE 4 Beating 4 Burning 4 “Seasoning” 4 Drug Addiction 4 Torture 4 Confinement

FORCE 4 Beating 4 Burning 4 “Seasoning” 4 Drug Addiction 4 Torture 4 Confinement 4 Sexual Assault 4 Branding or Tattooing 20

FRAUD 4 False promises, marriages, employment 4 Deceitful enticing and affectionate behavior, “the boyfriend”

FRAUD 4 False promises, marriages, employment 4 Deceitful enticing and affectionate behavior, “the boyfriend” 4 Withholding wages 4 Misrepresenting working conditions 4 Misrepresenting the promise of a “better life” 21

COERCION 4 Threats Of Serious Harm Or Restraint 4 Intimidation/Humiliation 4 Emotional Abuse 4

COERCION 4 Threats Of Serious Harm Or Restraint 4 Intimidation/Humiliation 4 Emotional Abuse 4 Control Of Daily Lives And Brainwashing 4 Threats To Family Members 4 Deportation Threats 4 Confiscation Of Documents 22

HOW BIG IS THE PROBLEM? 4 The International Labor Organization estimated more than 2.

HOW BIG IS THE PROBLEM? 4 The International Labor Organization estimated more than 2. 4 million people are victims of forced labor as a result of human trafficking. 1 4 More than half of whom are women and girls 4 The cost to victims is estimated at $20. 9 billion per year 2 1 2 International Labor Organization, A Global Alliance Against Forced Labour, A Global Report under the Follow-up to the ILO Declaration on Fundamental Principles and rights at Work 2005 The cost of coercion; REPORT OF THE DIRECTOR-GENERAL; Global Report under the follow-up to the ILO Declaration on Fundamental Principles and Rights at Work; INTERNATIONAL LABOUR CONFERENCE; 98 th Session 2009 23

TEXAS NUMBERS…. 4 Bureau of Justice Administration human trafficking task forces have reported (August

TEXAS NUMBERS…. 4 Bureau of Justice Administration human trafficking task forces have reported (August 2010) • 456 Texas-based incidences or investigations • 133 arrests • 511 identified victims • Reports from January 1, 2007 – August 12, 2010 (Austin, Dallas, Fort Worth, Houston and San Antonio) 4 Innocence Lost Task Forces in Texas reported the rescue of 109 minor victims in FY 2010 (October 2009 -August 2010) 4 The National Human Trafficking Resource Center Hotline indicates 12% of calls came from Texas in 2009 (highest % of calls) 24

SEX TRAFFICKING DEFINED Commercial sex act induced by force, fraud, or coercion, or, sex

SEX TRAFFICKING DEFINED Commercial sex act induced by force, fraud, or coercion, or, sex act in which the person performing the act is under the age 18. 25

SEX TRAFFICKING 4 Prostitution is the most common form of trafficking in the United

SEX TRAFFICKING 4 Prostitution is the most common form of trafficking in the United States 4 May be working in: • Massage parlors • Brothels • Strip clubs • Escort services • Bars • Modeling studios • Street Corner 26

DOMESTIC MINOR SEX TRAFFICKING VICTIM 4 100, 000 to 300, 000 American children victimized

DOMESTIC MINOR SEX TRAFFICKING VICTIM 4 100, 000 to 300, 000 American children victimized through th practice of child prostitution every year (commercial sexual 1 exploitation) 4 30% of shelter youth and 70% of street youth victimized through commercial sexual exploitation 2 4 Organizations and agencies working with domestic minors involved in prostitution estimate that 70 -80% of the minors they serve are runaways with a history of childhood abuse 3 and sexual abuse 1 Prostituted Children in the United States: Identifying and Responding to America’s Trafficked Youth, Serg. 1. Shared Hope International and Onanon Productions. DVD. Washington, D. C. : Shared Hope International 2 Estes, R. & Weiner, N. “Commercial Sexual Exploitation of Children in the U. S. , Canada, and Mexico. ” University of Pennsylvania, 2001 3 Heather J. Clawson, Nicole Dutch, Amy Solomon, and Lisa Goldblatt Grace , August 2009 27

LABOR TRAFFICKING Using force, fraud, or coercion to recruit, harbor, transport, obtain, or employ

LABOR TRAFFICKING Using force, fraud, or coercion to recruit, harbor, transport, obtain, or employ a person for labor or services in involuntary servitude, peonage, debt bondage, or slavery. 28

LABOR TRAFFICKING Labor trafficking may be separated into three distinct categories which are used

LABOR TRAFFICKING Labor trafficking may be separated into three distinct categories which are used to exploit victims of human trafficking. 4 Bonded Labor 4 Forced Labor 4 Child Labor 29

BONDED LABOR Labor is demanded as a means of repayment for a loan or

BONDED LABOR Labor is demanded as a means of repayment for a loan or service in which the terms and conditions have not been defined or in which the value of the victim’s services, as reasonably assessed, is not applied toward the liquidation of the debt. The value of their work is greater than the original sum of money “borrowed. ” • Migrant farm workers • Labor camps or sweatshops • Domestic servitude 30

FORCED LABOR Victims are forced to work against their will, under the threat of

FORCED LABOR Victims are forced to work against their will, under the threat of violence or some other form of punishment, their freedom is restricted and a degree of ownership is exerted. • • Domestic servitude Agricultural labor Sweatshop factory labor Janitorial services Food service Magazine sales Begging 31

CHILD LABOR Work likely to be hazardous to the health and/or physical, mental, spiritual,

CHILD LABOR Work likely to be hazardous to the health and/or physical, mental, spiritual, moral or social development of children and can interfere with their education. • Commercial Sex trade • Forced military service • Domestic servitude • Drug trade • Illegal Arms trade 32

CHILD LABOR 4 The International Labor Organization estimates worldwide there are 215 million children

CHILD LABOR 4 The International Labor Organization estimates worldwide there are 215 million children 1 between 5 and 17 involved in child labor. 4 Of those, more than 115 million are involved in the “unconditional worst forms of child labor” including debt bondage, forced recruitment for armed conflict, prostitution, pornography, the illegal drug trade, the illegal arms trade and other illicit activities around the world. 1 1 International Labor Organization Report; The Hague Global Child Labour Conference 2010 33

WHERE VICTIMS ARE EXPLOITED 4 Restaurants 4 Cantinas/Bars 4 Nail salons 4 Massage parlors

WHERE VICTIMS ARE EXPLOITED 4 Restaurants 4 Cantinas/Bars 4 Nail salons 4 Massage parlors 4 Factories 4 Escort services 4 Private residences 4 Sexually oriented businesses 34

MARKETING THE EXPLOITATION 4 Internet * 4 Flyers 4 Personal ads 4 Marriage bureaus

MARKETING THE EXPLOITATION 4 Internet * 4 Flyers 4 Personal ads 4 Marriage bureaus 4 Business cards 4 Social Network sites * Internet ads and pages are continually adapting. Pressures from citizens, Attorney General’s and other organizations have forced some sites to close “Adult Services” pages. Traffickers continue to seek internet sites to cater to their ads. 35

WHO ARE THE VICTIMS? “The next prostitute, exotic dancer, illegal immigrant, runaway youth, domestic

WHO ARE THE VICTIMS? “The next prostitute, exotic dancer, illegal immigrant, runaway youth, domestic servant, or migrant worker you encounter or take into custody may be a victim of human trafficking. ” 36

WHAT CAN LAW ENFORCEMENT DO? 4 Know and Use existing Federal and State laws

WHAT CAN LAW ENFORCEMENT DO? 4 Know and Use existing Federal and State laws to interdict Human Trafficking • Trafficking Victims Protection Act - Federal Law (Title 8 USC Chap 77 Section 1581 - TVPA protects both U. S. citizens and non-citizens) • Enforcement of Texas Penal Code-State Laws 4 Begin building partnerships 4 Look “Beneath the Surface” 37

TRAFFICKING VICTIMS PROTECTION ACT (TVPA) 4 Prior to 2000, there was no comprehensive federal

TRAFFICKING VICTIMS PROTECTION ACT (TVPA) 4 Prior to 2000, there was no comprehensive federal law to protect victims of trafficking or to prosecute traffickers. 4 TVPA was signed into law October 2000 and has since been re-authorized every three years by Congress. (2003/2005/2008) 4 TVPA made human trafficking a federal crime. 38

TRAFFICKING VICTIMS PROTECTION ACT (TVPA) Three key components of TVPA Prevention § Through public

TRAFFICKING VICTIMS PROTECTION ACT (TVPA) Three key components of TVPA Prevention § Through public awareness and education Protection § Through services and benefits to help victims rebuild their lives Prosecution § Through new law enforcement tools and efforts 39

TVPA PERMITS PROSECUTION. . 4 where non-violent coercion is used to force victims to

TVPA PERMITS PROSECUTION. . 4 where non-violent coercion is used to force victims to work 4 where victim's service is compelled by confiscation of documents 4 of sex trafficking by removing the knowledge-of-age requirement in certain instances involving minors 40

TVPA PROVIDES…. 4 Increases prison terms for all slavery violations up to 20 years;

TVPA PROVIDES…. 4 Increases prison terms for all slavery violations up to 20 years; adds life imprisonment if it involves death, kidnapping, or the sexual abuse of victim 4 Restitution and/or forfeiture of assets upon conviction 4 Witness protection, legal immigration status 4 Access to benefits and services 41

TEXAS PENAL CODE 20 A. 01. DEFINITIONS. In this chapter: (1) "FORCED LABOR OR

TEXAS PENAL CODE 20 A. 01. DEFINITIONS. In this chapter: (1) "FORCED LABOR OR SERVICES" means labor or services, including conduct that constitutes an offense under section 43. 02, that are performed or provided by another person and obtained through an actor’s: 43. 02 Prostitution 42

TEXAS PENAL CODE (A)causing or threatening to cause bodily injury to the person or

TEXAS PENAL CODE (A)causing or threatening to cause bodily injury to the person or another person or otherwise causing the person performing or providing labor or services to believe that the person or another person will suffer bodily injury; (B)restraining or threatening to restrain the person or another person in a manner described by Section 20. 01(1) or causing the person performing or providing labor or services to believe that the person or another person will be restrained: 43

TEXAS PENAL CODE (C) knowing, destroying, concealing, removing, confiscating, or withholding from the person

TEXAS PENAL CODE (C) knowing, destroying, concealing, removing, confiscating, or withholding from the person or another person, or threatening to destroy, conceal, remove or confiscate, or withhold from the person or another person, the person actual or purported: (i) government records; (ii) identifying information; or (iii) personal property; 44

TEXAS PENAL CODE (D) threatening the person with abuse of the law or the

TEXAS PENAL CODE (D) threatening the person with abuse of the law or the legal process in relation to the person or another person; (E) threatening to report the person or another person to immigration officials or other law enforcement officials or otherwise blackmailing or extorting the person or another person; 45

TEXAS PENAL CODE (F) exerting financial control over the person or another person by

TEXAS PENAL CODE (F) exerting financial control over the person or another person by placing the person or another person under the actor’s control as security for a debt to the extent that: (i) the value of the services provided by the person or another person as reasonably assessed is not applied toward the liquidation of the debt; (ii) the duration of the services provided by the person or another person is not limited and the nature of the services provided by the person or another person is not defined; or (iii) the principal amount of the debt does not reasonably reflect the value of the items or services for which the 46 debt is incurred; or

TEXAS PENAL CODE (G) using any scheme, plan, or pattern intended to cause the

TEXAS PENAL CODE (G) using any scheme, plan, or pattern intended to cause the person to believe that the person or another person will be subjected to serious harm or restraint if the person does not perform or provide the labor or services. (2) "TRAFFIC" means to transport, entice, recruit, harbor, provide, or otherwise obtain another person by any means. 47

TEXAS PENAL CODE § 20 A. 02. TRAFFICKING OF PERSONS (a)A person commits an

TEXAS PENAL CODE § 20 A. 02. TRAFFICKING OF PERSONS (a)A person commits an offense if the person knowingly: (1) traffics another person with the intent or knowledge that the trafficked person will engage in forced labor or services; or (2)benefits from participating in a venture that involves an activity described by Subdivision (1), including by receiving labor or services the person knows are forced labor or services. (b)Except as otherwise provided by this subsection an offense under this section is a: FELONY OF THE SECOND DEGREE 48

TEXAS PENAL CODE An offense under this section is a FELONY OF THE FIRST

TEXAS PENAL CODE An offense under this section is a FELONY OF THE FIRST DEGREE if: (1) the applicable conduct constitutes an offense under Section 43. 05 or 43. 25 and the person who is trafficked is a child younger than 18 years of age at the time of the offense; regardless of whether the actor knows the age of the child at the time the actor commits the offense; or (2) the commission of the offense results in the death of the person who is trafficked. 43. 05 Compelling Prostitution 43. 25 Sexual Performance of a Child 49

TEXAS PENAL CODE Sec. 43. 05 Compelling Prostitution (a) A person commits an offense

TEXAS PENAL CODE Sec. 43. 05 Compelling Prostitution (a) A person commits an offense if the person knowingly: (1) causes another by force, threat, or fraud to commit prostitution; or (2) causes by any means a child younger than 18 years to commit prostitution, regardless of whether the actor knows the age of the child at the time the actor commits the offense. (b) An offense under this section is a felony of the second degree. NOTE: 20 A. 02 provides that offenses under section (a)(2) are felonies in the first degree. 50

OTHER APPLICABLE STATE LAWS Often traffickers violate other state laws such as: • •

OTHER APPLICABLE STATE LAWS Often traffickers violate other state laws such as: • • Kidnapping, Unlawful Restraint PC 20. 01 Murder PC 19. 02 Assault Offenses PC 22. 01 Aggravated Sexual Assault PC 22. 021 Sexual Assault PC 22. 11 Aggravated Kidnapping PC 20. 04 Compelling Prostitution PC 43. 05 Organized Criminal Activity PC 71. 02 (Brothels) • Seizure of Assets CCP Chap 59 51

CCP Chapter 59 4 CCP Art 59. 01 (2) "Contraband" means property of any

CCP Chapter 59 4 CCP Art 59. 01 (2) "Contraband" means property of any nature, including real, personal, tangible, or intangible, that is: (A) used in the commission of: (i) any first or second degree felony under the Penal Code 4 CCP Art. 59. 02. FORFEITURE OF CONTRABAND. (a) Property that is contraband is subject to seizure and forfeiture under this chapter. 52

VISUAL INDICATORS 4 Restrictions of movement 4 Building security 4 Living conditions 4 Living/working

VISUAL INDICATORS 4 Restrictions of movement 4 Building security 4 Living conditions 4 Living/working in same place 4 Smuggling or other debt owed to employers 4 Working conditions; no safety equipment 54

CLUES TO LOOK FOR 4 Control; lack ability to move freely or leave job

CLUES TO LOOK FOR 4 Control; lack ability to move freely or leave job 4 Signs of physical abuse 4 Intense fear / depression 4 Branding / tattooing 4 Drug addiction 4 Don’t speak the local language 4 Control of a workers documents 4 Recent arrival from a source/transit country 55

SEPERATING TRAFFICKER FROM VICTIM 4 Who is best dressed? 4 Who has clean shoes?

SEPERATING TRAFFICKER FROM VICTIM 4 Who is best dressed? 4 Who has clean shoes? 4 Who is holding or has control of identification documents? 4 Who looks most confident? 4 Who aggressively attempts to provide language interpretation? 4 Who will look you in the face as you talk to them?

TRAFFICKING VICTIM MENTALITY 4 May not identify themselves as victims 4 May initially lie

TRAFFICKING VICTIM MENTALITY 4 May not identify themselves as victims 4 May initially lie or use rehearsed stories 4 May change story over time 4 May be behaviorally dependent on trafficker 4 May not want family to know of his/her circumstances 4 May exhibit “Stockholm Syndrome” and show empathy for traffickers 57

TRAFFICKING VICTIM MENTALITY 4 May not speak English 4 May have cultural or religious

TRAFFICKING VICTIM MENTALITY 4 May not speak English 4 May have cultural or religious background that deter them from telling full story 4 May be reluctant to speak to someone wearing a gun, badge, or uniform 4 May be culturally conditioned to fear government employees 4 May be fearful for their families' safety in home country 58

UNDERSTAND DOMESTIC VICTIMS MAY …. 4 lie about their age and use false identification

UNDERSTAND DOMESTIC VICTIMS MAY …. 4 lie about their age and use false identification 4 not fit stereotype of a victim (juvenile delinquent, child prostitute, at-risk youth, or runaway) 4 think of trafficker as “boyfriend” and be reluctant to provide information 4 be involved in juvenile gang activity 4 have been trafficked by a family member 4 be a runaway or reported as a missing child 4 have been abused/sexually abused at home

MINDSET OF TRAFFICKING VICTIMS 4 Their current situation may still be better than where

MINDSET OF TRAFFICKING VICTIMS 4 Their current situation may still be better than where they came from 4 May be unaware of their rights or have been misled 4 Often blame themselves for their situations 4 Have a loyalty to the trafficker 60

MINDSET OF TRAFFICKING VICTIMS 4 Distrust outsiders, especially law enforcement and fear deportation or

MINDSET OF TRAFFICKING VICTIMS 4 Distrust outsiders, especially law enforcement and fear deportation or arrest 4 Do not speak English and lack cultural knowledge 4 Fearful for safety of families left behind 61

WHO ARE THE VICTIMS? 4 Men, Women, and Children 4 Domestic – U. S.

WHO ARE THE VICTIMS? 4 Men, Women, and Children 4 Domestic – U. S. Citizens and Residents within the United States 4 International – Foreign Nationals Across International Borders 4 Desperate, vulnerable, and impoverished Persons 62

COMMUNICATION BARRIERS The TVPA authorizes special 4 Fear of deportation visas and other forms

COMMUNICATION BARRIERS The TVPA authorizes special 4 Fear of deportation visas and other forms of immigration relief to certain trafficking victims. 4 Fear of reunification with abusive family Services/placement elsewhere will be investigated. 4 Does not identify as a victim You are a victim, not a criminal. What is happening to you is wrong. 4 Distrust of law enforcement We can help get you what you need. We can protect you. You can trust us. 4 Unaware of rights You have rights. You have the right to live without being abused. 63

VICTIM INTERVIEW CONSIDERATIONS 4 Look for comfortable space with no physical barriers 4 Depending

VICTIM INTERVIEW CONSIDERATIONS 4 Look for comfortable space with no physical barriers 4 Depending on policy, do not videotape or audiotape initial conversation 4 Prepare questions prior to your interview 4 Use informal conversation 4 Consider using a children’s advocacy center for interviewing minors 64

VICTIM INTERVIEW CONSIDERATIONS 4 Do not make promises you cannot keep 4 Keep note

VICTIM INTERVIEW CONSIDERATIONS 4 Do not make promises you cannot keep 4 Keep note taking to a minimum 4 Allow victim to set length and pace, be patient 4 Watch for body language cues 65

QUESTIONING BENEATH THE SURFACE 4 How did you get here? 4 Do you know

QUESTIONING BENEATH THE SURFACE 4 How did you get here? 4 Do you know where you are? 4 Where do you live, eat and sleep? 4 Do you owe a debt or money? 4 Who controls your legal or travel documents? 4 Were you threatened if you tried to leave? 4 Who makes your travel arraignments? 4 Are you ever left alone? 66

QUESTIONING BENEATH THE SURFACE 4 Has your family been threatened? 4 Were you physically

QUESTIONING BENEATH THE SURFACE 4 Has your family been threatened? 4 Were you physically abused? 4 Were you ever forced to stay in one place? 4 Who are you afraid of? 4 How many people do you live with? 4 What were you told to say to the police or immigration? 4 Who paid for their travel?

INVESTIGATIVE TOOLS 4 Take statement as soon as possible 4 Take photos of victim

INVESTIGATIVE TOOLS 4 Take statement as soon as possible 4 Take photos of victim & any tattoos (branding) 4 Identify & capture any social network (internet) used to traffic the victim & archive the pages 4 Determine who is paying for rooms used by victim 4 Take all cell phones for phone numbers and find out who is paying the bill 4 Get sexual assault exam, if possible, for commercial sex trafficking

IMMEDIATE NEEDS 4 Clothing 4 Food • Possibly malnourished 4 Housing § § §

IMMEDIATE NEEDS 4 Clothing 4 Food • Possibly malnourished 4 Housing § § § • Safe and secure Culturally and linguistically appropriate Age and gender appropriate What exists § § § Emergency shelters Homeless shelters Youth shelters Domestic violence shelters Hotel vouchers Good Samaritans 69

VICTIM SUPPORT Additional basic needs medical, safety and security, language interpretation and legal services

VICTIM SUPPORT Additional basic needs medical, safety and security, language interpretation and legal services Mental health assistance Counseling Income assistance Cash, living assistance Legal status T visa, immigration, certification, guardianship issues 70

LAW ENFORCEMENT COLLABORATION 4 Human Trafficking cases are complex and can quickly overwhelm a

LAW ENFORCEMENT COLLABORATION 4 Human Trafficking cases are complex and can quickly overwhelm a single agencies ability to: • Respond • Investigate / Prosecute • Support victims 4 Cooperation between Local, State and Federal Law Enforcement is essential 4 Community and NGO support for victims should occur at the onset

HT CASE 1 SUMMARY Overview AG CID investigators were assisting TABC on a bar

HT CASE 1 SUMMARY Overview AG CID investigators were assisting TABC on a bar check and discovered indicators of ongoing prostitution. Subjects were interviewed and 1 said she had been kidnapped from Mexico and forced to prostitute in the bar. She was 14 yoa when abducted and had a 14 mth old child; trafficker suspected of being the father. In all 20 beds on wood frames were located in 2 building adjoining the bar in a fenced area. Ten women in the bar were interviewed, 1 had documents. Interviews revealed victim was not able to leave, did not have possession of child during day and did not have any documents. The victim needed a interpreter for the interview. Victim compelled to work to see child.

HT CASE 1 SUMMARY Indicators and Response Indicators: HT • No personal possessions in

HT CASE 1 SUMMARY Indicators and Response Indicators: HT • No personal possessions in work space • Poor working conditions (20 beds in small space) • Did not speak English • Working inside fenced area w/ limited access points • No documents for 9 of the 10 girls contacted Initial Actions: Got interpreter for interviews. Outside agencies contacted for support (ICE & DA). NGO support contacted once needs identified. Charges filed for underlying violations (Compelling Prostitution / Assault/FV). Plans made for investigation of Trafficking in Persons charges.

HT CASE 2 SUMMARY Overview OAG North Tex. HTTF received case as a victim

HT CASE 2 SUMMARY Overview OAG North Tex. HTTF received case as a victim outcry. The victim escaped, along with her 3 children after being held captive for over 3 months. The victims were smuggled into the US via Juarez. Once in the US the smugglers demanded more money making the victim call her family in Mexico. The family couldn’t pay & the victims were placed into forced labor at a house in El Paso. While at the residence, the victim & her daughter were forced to keep the house clean & were not paid for the work. The victim & her daughter were threatened if they told anyone about their situation. They escaped & are living in El Paso. Two suspects were identified & charged with Trafficking of Persons. Both are suspected of being back in Mexico. Warrants are outstanding for their arrest.

HT CASE 2 SUMMARY Indicators and Response Initial Contact: Victim escape & outcry. Case

HT CASE 2 SUMMARY Indicators and Response Initial Contact: Victim escape & outcry. Case demonstrates common tactics used by smugglers; case begins as smuggling then turns to extortion then into trafficking (forced labor). HT Indicators: • Forced to work without compensation Forced Labor vs. Bonded Labor No contract or notification of paying off a debt by working for any form of wages. Labor performed without compensation • Threats of death • No documents • Limited contact with anyone outside of traffickers Initial Actions: Interview of the victims & verification by follow up investigation resulted in case being filed & suspects being indicted.

Trafficking Corridors follow the state & interstate highways system. Human traffickers are subject to

Trafficking Corridors follow the state & interstate highways system. Human traffickers are subject to the same discovery probabilities as the narcotics traffickers if the officer is aware of the possible human trafficking indicators and know what questions to ask.

WHAT ARE NGO’S NGO’s are Non-Governmental Organizations that want to assist the victims through

WHAT ARE NGO’S NGO’s are Non-Governmental Organizations that want to assist the victims through collaboration with law enforcement. Examples: Red Cross Salvation Army Polaris Project (DHHS Funded) religious organizations Shared Hope International National Center for Missing and Exploited Children Freedom Network 78

WHY WORK WITH NGO’S? 4 NGO’s and victim advocates can play a vital role

WHY WORK WITH NGO’S? 4 NGO’s and victim advocates can play a vital role in victim interviews. 4 Conveying a sense of safety and trust to emancipated victims is critical. 4 Successful investigation, prosecution and victim rehabilitation requires collaboration between law enforcement and non-governmental organizations 79

WORKING WITH NGO’S 4 NGO’s have limits, lots of them. 4 NGO’s need information

WORKING WITH NGO’S 4 NGO’s have limits, lots of them. 4 NGO’s need information about clients. 4 NGO’s have safety concerns. 4 NGO’s have different expertise than you. 80

WORKING WITH NGO’S 4 NGO’s generally work in teams. 4 NGO’s need the trust

WORKING WITH NGO’S 4 NGO’s generally work in teams. 4 NGO’s need the trust of law enforcement and governmental agencies and vice versa. 4 NGO’s priorities may differ from those of law enforcement. 81

NGO/VICTIM SAFETY ISSUES Why Conduct a safety screening? 4 Concern for • Victim •

NGO/VICTIM SAFETY ISSUES Why Conduct a safety screening? 4 Concern for • Victim • Family in country of origin 4 Considerations • Arrest of trafficker • Organized crime ties 82

NGO HEALTH CAPABILITES 4 Screen victim immediately for injury and illness 4 Victims may

NGO HEALTH CAPABILITES 4 Screen victim immediately for injury and illness 4 Victims may have basic medical needs • • General physical Documentation of injuries and scars Tuberculosis test STD/HIV screening Pap smear Nutrition assessment Dental exam/cleaning Eye test 4 NGO staff and Law Enforcement Officers should 83 maintain REGULAR VACCINATIONS

NGO HEALTH CONSIDERATIONS 4 Post-traumatic stress symptoms 4 Depression 4 Anxiety disorder 4 Other

NGO HEALTH CONSIDERATIONS 4 Post-traumatic stress symptoms 4 Depression 4 Anxiety disorder 4 Other • • • Rape trauma syndrome Suicidal thoughts Paranoia Spiritual disruption Fatalism and rage Drug addiction 84

NGO VICTIM RESOURCES Proactive development of local / regional NGO partnerships is essential for

NGO VICTIM RESOURCES Proactive development of local / regional NGO partnerships is essential for immediate victim response needs. Possible local/regional resource avenues: 4211 System (Statewide 24/7 phone lines) 4 Local Charities and / or Churches 4 United Way 4 Salvation Army 85

NATIONAL VICTIM RESOURCES National Human Trafficking Resource Center (24 hours) will assist in connecting

NATIONAL VICTIM RESOURCES National Human Trafficking Resource Center (24 hours) will assist in connecting victims to services they may be eligible to receive. (Polaris Project sponsored by DHHS) 1 -888 -373 -7888 National Center for Missing and Exploited Children (NCMEC) Family Service Liaison 1 -800 -THE-LOST (1 -800 -843 -5678) www. missingkids. com/missingkids/servlet/Page. Servlet? Language. Country=en_ US&Page. Id=4203 (website address for Resources for Child Victims of Prostitution) For more information on human trafficking visit the Department of Health and Human Services. www. acf. hhs. gov/trafficking 86

YOUR ROLE AS LAW ENFORCEMENT Call the Department of Homeland Security / Immigration and

YOUR ROLE AS LAW ENFORCEMENT Call the Department of Homeland Security / Immigration and Customs Enforcement for investigative assistance such as checking immigration status (24 hours). 802 -872 -6020 Language Line (pay for service: . 68 -. 74 per minute) Texas Account Manager – Tom Costello 877 -735 -9770 87

YOUR ROLE AS LAW ENFORCEMENT 4 Keep doing what you’re doing. 4 Take a

YOUR ROLE AS LAW ENFORCEMENT 4 Keep doing what you’re doing. 4 Take a closer look and look beneath the surface. 4 Help build and prosecute crimes at state and federal levels. 4 Cooperate with prosecuting attorneys, social services, and federal authorities. 88

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ATTORNEY GENERAL’S HUMAN TRAFFICKING INVESTIGATORS Dave Torsiello Investigator – North Texas 512 -936 -1963

ATTORNEY GENERAL’S HUMAN TRAFFICKING INVESTIGATORS Dave Torsiello Investigator – North Texas 512 -936 -1963 dave. torsiello@oag. state. tx. us Paul Hall Lieutenant - Austin 512 -936 -0568 paul. hall@oag. state. tx. us Jeff Ortiz Investigator – Austin 512 -936 -1796 jeff. ortiz@oag. state. tx. us John Schneemann Auditor / Investigator – Austin (512) 936 -1463 john. schneemann@oag. state. tx. us Jesus Venegas Investigator – Houston 281 -372 -5848 jesus. venegas@oag. state. tx. us Tracy Weems Trainer / Investigator – Austin 512 -936 -0555 tracy. weems@oag. state. tx. us 90