Photos by J Maillard International Labour Organization HUMAN

Photos by J. Maillard, International Labour Organization HUMAN TRAFFICKING: Modern Day Slavery Adapted and amended from Freedom Network Institute on Human Trafficking curriculum by Florrie Burke and Maria Jose T. Fletcher © Coalition to Abolish Slavery & Trafficking (CAST), 2012. All Rights Reserved. Photo by Coalition of Immokalee Workers

Human Trafficking Some rough estimates of the scope of the problem • In the U. S. 18, 000 -20, 000 women and children are trafficked annually, plus thousands of men. • Half of all sex trade victims are children! • Average of a trafficked child is between 8 -14 yrs. • Millions of people trafficked worldwide annually. • Twenty seven million people in slavery around the world. • Nine billion dollar business – 2 nd only to drug and arms trade – only these are human beings!

The Church’s Duty to Respond • (Site scripture) • Other Christian Efforts

Why such a big Problem? ? • Compared to Drugs or Arms, Human Trafficking: • Is more profitable! • Produces continuous profits. • Involves little or no risk to trafficker. • Can be very difficult to detect in unaware communities.

How prevalent – problem? • Cases of human trafficking have been reported in all fifty states of the United States (Free the Slaves). • Human trafficking is a market-based economy that exists on principles of supply and demand. It thrives due to conditions which allow for high profits to be generated at low risk.

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

“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.

Smuggling vs Trafficking • Smuggling: • An offense against the integrity of US borders • Requires illegal crossing of borders • Smugglers typically make their money up front once the ‘alien’ has reached the US border – their ‘business relationship’ with the person ends. • Can become trafficking if a person is forced to provide labor or services.

Smuggling vs Trafficking cont’ • Trafficking: • An offense against the person directly • Involves compelled or forced labor or service • Traffickers may use smuggling debt as a means to control victims (debt bondage) • Traffickers may maintain ongoing control over victims, even after the border is crossed.

Three Elements of Trafficking 1 PROCESS Recruiting OR Harboring OR Moving OR Obtaining a person, 2 MEANS 3 END For the purposes of by Force OR Fraud OR Coercion Involuntary Servitude OR Debt Bondage OR Slavery OR Sex Trade

Who is being trafficked? • • Under the legal definition, trafficking victims in the US can be divided into three populations: Minors (under age 18) induced into commercial sex. Adults age 18 or over involved in commercial sex via force, fraud, or coercion. Children and adults forced to perform labor and/or services in conditions of involuntary servitude, peonage, debt bondage, or slavery, via force, fraud, or coercion. Contrary to myth, trafficking does not legally require transportation between places.

Child Victims • Child sexual exploitation is the most hidden form of child abuse in the U. S. today. • Approximately 250, 000 American youth are at risk of commercial sexual exploitation each year • 90% of all children and youth trafficked for sexual purposes in the U. S. are citizens. • The risk of commercial sexual exploitation of U. S. children is greater than risks associated with deaths by firearms, accidents, homicides, and suicides. • Average of entry is 8 -14 years old! • Source: Estes, Richards J. , and Neal Alan Weiner, 2001. The commercial Sexual Exploitation of Children in the U. S. , Canada and Mexico.

Current WI Statistics • 200 – Number of identified cases of sex and labor trafficking. • 85% – Proportion of victims in the 200 identified cases who were adults. • 75% – Proportion of victims in the 200 identified cases who were victims of sex trafficking. • As of July 2012: 31 incarcerated - on 42 counts of human trafficking. • Polaris Project | National Human Trafficking Resource Center | 1 -888 -3737 -888 | NHTRC@Polaris. Project. org www. Polaris. Project. org © Copyright Polaris Project, 2012. All Rights Reserved

The Face of a Trafficking Victim • There is no one consistent face of a trafficking victim. Trafficked persons can be rich or poor, men or women, adults or children, and foreign nationals or US citizens. • Yet they all share the loss of one of our world’s most cherished rights—freedom.

Vulnerabilities • Certain events or characteristics make populations more vulnerable to trafficking: • Lack of social safety nets • Runaway/homeless youth • Mail order brides • Poverty/domestic/economic hardship • Debt • Lure of money or status

Vulnerabilities • Demand for cheap labor – temporary workers • Political instability. armed conflict of oppressed or marginalized groups • Natural disasters – displaced persons • Immigration Status – documented and undocumented • Victims of domestic violence/sexual assault

Human Trafficking is a Crime! • Human Trafficking is a crime under US and international law, as well as under many state laws. • The Trafficking Victims Protection Act (TVPA) of 2000 is the main US law on trafficking. It has been reauthorized in 2003, 2005 and 2008, 2011.

Victims of Trafficking and Violence Protection Act (TVPA) • A comprehensive law : focuses on three key elements: – Prevention – Prosecution – Protection

A Victim-Centered Approach Service Providers Victim Attorneys Law Enforcement

The Face of a Trafficker There is no one consistent face of a trafficker. Traffickers include a wide range of criminal operators, including individual pimps, small families or businesses, looseknit decentralized criminal networks, and international organized criminal syndicates. It is extremely multi-layered!

Human Trafficking • “Whoever knowingly recruits, harbors, transports, provides, or obtains by any means, any person for labor or services in peonage, slavery, involuntary servitude or forced labor. . . ” 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)

Modern-Day Slavery: A Prison Without Walls How trafficking happens • 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

How People Are Recruited • Acquaintances or family • Newspaper ads • Fake employment agencies • Front businesses • Word of mouth • Abduction Photo by J. Maillard, International Labour Organization

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

Where Trafficking can Happen Sex trafficking venues: • Streets or work sites • Massage Parlors • Spas • Brothels/escort services • Exotic dancing clubs • Strip Clubs • Studios of pornography • Truck stops • On-line exploitation

Where Trafficking can Happen Labor Trafficking: - Restaurants - Hotels - Hair/nail salons - Factories - Farms - Construction/Landscaping venues - Domestic Servitude homes (1 st WI case prosecuted) - Peddling/begging sites - Other small business

Missions Work and Trafficking • Spreading the Gospel, furthering the church • Working with vulnerable populations • Access to resources • Overseas – in areas very likely to be exposed to.

Why People Decide to Migrate • • • Economic Social Personal Civil unrest Political persecution Escape from genderbased discrimination • Adventure/opportunity Photo by J. Maillard, International Labour Organization

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, etc. Too trusting – have no alternative.

A Human Rights Approach To Human Trafficking and Slavery • (Site Scripture) • 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

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

The Goal • 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.

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

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 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: 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.

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 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 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.

Other Forms of Immigration Relief • U Visa – • S Visa – • Victims of certain criminal activity who suffered substantial physical or mental abuse 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

How the Church Can Help! • • • Create an awareness Educate our church members Provide Materials – Resource Center Respond to victims Help be preventive – safe haven for those vulnerable Fundraisers Incorporate issue into our services Get involved – Legislation Assist Community Service Providers Support our Missionaries Support Fair Trade establishments/companies

For Next Class • Study Materials • Review a Book, Video or Movie • Make notes as to how you feel our church can help • Make notes as to how your gifts and talents may be used • Pray for the victims and those providing help or services • Contact Pastor David to enroll.

Conclusion • (Site closing Scripture)

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