1 TRAFFICKING AFF EXTENSION FILE TOPICALITY........................................................................2 AT: NOT LIVING IN POVERTY........................................2 AT: REMOVING THE T-VISA CAP EXTRATOPICAL...5 AT: SOCIAL SERVICE WORKERS...................................6 AT: POLITICS......................................................................7 AT: SPENDING..................................................................12 AT: STATES C-PLAN........................................................14 INHERENCY......................................................................21 INCREASE INHERENCY.................................................27 AT: ASSYLUM INHERENCY..........................................31 DEPORTATION BAD........................................................32 TRAFFICKING HARMS...................................................33 DEHUMANIZATION........................................................34 HUMAN RIGHTS LEADERSHIP.....................................42 LINK EXTENSIONS..........................................................42

.............................................................................................50 TRANSNATIONAL CRIME IMPACTS...........................51 organized crime makes all of their wars inevitable – pre-requisite for stability*.....................................................51 leads to failed states..................................................................................................................................................52 failed states are a comparatively larger risk than great power wars.........................................................................52 Organized crime leads to balkan instability..............................................................................................................55 most likely scenario for war......................................................................................................................................55 organized crime leads to small arms spread..............................................................................................................56 outweighs nuclear war..............................................................................................................................................56 organized crime leads to illegal wildlife trade..........................................................................................................57 collapses endangered species....................................................................................................................................57 high magnitude and invisible threshold....................................................................................................................58 HIV/AIDS............................................................................60 SOLVENCY........................................................................65 SOCIAL SERVICES PROVIDED NOW...........................73 AT: NGO C-PLAN..............................................................75 DOMESTIC TRAFFICKING OF U.S. CITIZENS............76 AT:FRAUD.........................................................................80 AT: BORDER INTERDICTION C-PLAN.........................81 AT: COMMERCE CLAUSE/13TH AMENDMENT ACTIONS............................83 PROSECUTOR COOPERATION REQUIREMENT LIFTED................................84 ROTH 09...............................................................................................................................................................84 BRANCHE 09.......................................................................................................................................................85 THE PROSECUTORIAL COOPERATION REQUIREMENT WAS NOT EFFECTIVELY REMOVED..............................................86




Stewart, Department of Global Development Poverty and Trafficking in Human Beings: Poverty is not just a matter of income; to live in poverty is also to lack political influence, security, opportunities for social participation and access to health care, education and other social services. To live in poverty means to live in permanent uncertainty over what tomorrow may bring, to experience humiliation and degradation on a daily basis, and often to suffer the contempt of others. That poverty has numerous facets and is expressed in so many different ways is reflected in the human trafficking that flourishes in its wake.

Kevin, PhD Croft Institute

for International Studies, University of Mississippi

Trafficking in Persons in the United States Creating a context in which the survivor of trafficking and forced labor can be reintegrated successfully into society is a significant challenge. It is not unusual for a forced labor survivor to escape with nothing but the clothes on his or her back. Once acute needs, such as medical care, safety, and housing, are met, the requirements of participating in prosecution, as well as the need to re-construct a coherent, autonomous life, are extremely demanding. These demands can be intensified because of the barriers of culture and language.



Kevin, PhD Croft Institute

for International Studies, University of Mississippi

Trafficking in Persons in the United States Many survivors may not have the opportunity to apply for the T visa, and the funds to support them must be found as well. If a trafficking survivor is certified for a T visa and its benefits, the resulting benefits still fall below the federally recognized minimum poverty line. EVEN THREE YEARS AFTER ESCAPE TRAFFICKED VICTIME WOULD STILL BE IN POVERTY AMERICAN IMMIGRATION LAWYERS ASSOCIATION 09
Three years is not enough time for a victim of trafficking to meet 125% of the poverty line for public charge inadmissibility purposes AILA is concerned that, given that T adjustment applicants are victims of trafficking and serious crimes, their ability to meet the public charge provisions when applying for adjustment of status is difficult. Three years for a destitute traumatized victim to be meeting 125% of the poverty line in income is not realistic. Further, unlike many, these victims are given a very short window after the three years to adjust their status. As USCIS indicated, Congress provided for a public charge exemption to trafficking victims in VTVPA. AILA disagrees that the intent of Congress was to discontinue this exemption at the adjustment stage. Considering the intent to protect and provide for such victims, Congress would not intentionally cut it off at the next stage. AILA believes that trafficking victims should be considered part of the self petitioner group that was specifically exempted from the public charge provisions under VTVPA. Like other self petitioners, trafficking victims may have no one (particularly family) to assist and support them. Thus, like VAWA victims, trafficking victims should not be subject to the public charge provisions. AILA recognizes that a waiver “in the national interest” may be available but Congress has already indicated the nation’s interest in exempting them.



J.D. candidate, Washington College of Law, American University --The author is grateful to the President's Interagency Council on Women for its guidance Kelly, Protecting Human Victims of Trafficking: An American Framework 16 Berkeley Women's L.J. 29 lexis
Profits are also so high because traffickers keep their costs low. Women typically sleep in one room and receive little food and no medical attention. n79 Furthermore, traffickers either do not pay their victims or pay them very little under the rubric

of debt repayment. n80 Under this system of debt bondage, women are told they must pay their "debt" before they can be released, yet their "owners" never credit their wages against their debt. n81 Their debt may include their transportation to the new country, falsified documents, the price their new owner paid for them, rent, food, and medical treatment. n82 Although trafficking operations may be run by a small group of people or a large organized criminal syndicate, the motivation remains the same--profit. To increase profits, [*39] they are willing to subject women to inhumane treatment and exploitation, mercilessly victimizing them.


Myth: These women make good money. I wouldn't mind having that kind of income! Fact: Trafficking is modern slavery. The only money makers are the traffickers and pimps. During their first months of "work", most trafficking victims earn nothing. All profits are passed along to the pimp and trafficker, to repay the cost of their "purchase". Often the initial debt is enhanced and increased immeasurably as the pimps impose fines on these women for perceived “misbehavior”. The debt is ever-growing and often impossible to repay. This well-known enslavement tactic is called debt bondage. TRAFFICKED PERSONS IN THE UNITED STATES ARE SUBJECTED TO LIVES OF DOMINATION AND POVERTY NEL 05
Journal of International and Comparative Law 5:3 LEXIS Throughout the world, women, children, and men are trafficked into the international sex trade. n2 Women in developing countries are lured by promises of transportation to the United States or other "wealthy" countries, and are promised employment as shopkeepers, waitresses or nannies. Upon their arrival in the destination country, their travel documents are seized and they are forced into prostitution, where they work indefinitely to repay the enormous debts they incurred by being brought to the destination country. They may suffer brutal beatings if they complain. The victims of human trafficking generally have little or no money, do not speak English, and are not familiar with American culture. Since they are in the United States illegally, they believe they have no legal rights, and thus avoid seeking help from authorities for fear of deportation. Trafficking in human beings has become a vast and uncontrollable problem in the United States and globally. Worldwide, it has reached a magnitude comparable to the [*2] illicit drugs and arms trades. n3 Human beings are exploited as easily as other tangible resources. Human trafficking is one of the greatest human rights challenges currently facing the world.

B. n156 Additionally.sirl. fear going outside and risking including HIV or AIDS. taxation.. Kara Ryf is a labor and employment attorney for Perkins Coie LLP in Seattle Case Western Reserve Journal of International Law 34:45 LEXIS Under the T-visa. health care. citizenship. family support. n157 ITS NOT EXTRATOPICAL—THE RESOLUTION REQUIRES SERVICES TO BE DELIVERED IN THE U. magna cum laude. many victims of forced prostitution suffer sexually transmitted diseases. counseling.SDI 09 SBH LAB 5 TRAFFICKING AFF EXTENSION FILE AT: REMOVING THE T-VISA CAP EXTRATOPICAL PROVIDING IMMIGRATION SERVICE IS A SOCIAL SERVICE LUNNY etal. and have flashbacks to the conditions they endured. University of Wisconsin-Madison. Members of Comhairle Advocacy Guidelines Working Group http://www.” THE T VISA PROGRAM IS ABOUT THE PROVISION OF SOCIAL SERVICES RYF 02 Kara C. consumer matters. Ryf* J. rapes and psychological abuses. 05 Leonie. Some victims also fight drug addictions caused by their captors forcing them to take drugs.S. services in relation to health. education. equality. n155 The counseling and health services are especially important to victims of sex trafficking.S.S. . social welfare. with distinction. AND GIVING RESIDENCY STATUS IS A PREREQUISITE TO SERVICES BEING PROVIDED IN THE U. employment and training.. 15 and 16 years of age who have endured beatings. victims are also afforded shelter. The medical services and health benefits provided to victims [*67] under the Act become an important means of easing victims fears of testifying or being returned to their country of origin. while others have been forced by their traffickers to have abortions under unsanitary conditions. and authorization to work in the United States. Social services are defined in the Bill as: “any service provided by a statutory or voluntary body which is available… to the public…and includes but is not limited to. housing.D.pdf. asylum and immigration. Case Western Reserve University School of Law. often young girls around 14. Victims feel totally destroyed by the trafficking experience and have problems trusting others.

SDI 09 SBH LAB 6 TRAFFICKING AFF EXTENSION FILE AT: SOCIAL SERVICE WORKERS SOCIAL SERVICES DO NOT REQUIRE SOCIAL WORKERS DUTSCHKE 06 Mira. Childrens Insititute University of Cape Town Defining children’s constitutional right to social services http://www. depending on its adopted definition. These professionals deliver a range of services under the welfare system.6 Social workers and other social service professionals are at the forefront of service delivery because they are the ones that have direct contact with the clients and the beneficiaries of the services.7 Social services can include more than just services delivered by social . such as child and youth care workers. They are also concerned with the nature of the services The formal social welfare system developed as a response to social changes and the inability of the family and other informal systems to meet these The social welfare system is dependent on social workers and other service providers.

com/article/historic-trafficking-bill-clears-congress/? utm_medium=email&utm_source=Email+marketing+software&utm_content=76577497&utm_c ampaign=%5BFaith+and+Family+Values %5D+12+17+08+_+yufll&utm_term=Historic+trafficking+bill+clears+Congress In one of their final days in session. and now it appears we will. And it will allow the U. history can now tell of this bright story amid a gloomy economic season. THERE WOULD NOT BE A MASSIVE DEBATE ON TRAFFICKING LEGISLATION. It will empower federal prosecutors to come alongside state law enforcement to more effectively target those who enslave women—some of whom are hardly teenagers. such as the naming of post offices. The William Wilberforce Act revolutionizes anti-trafficking efforts. THE 08 TVPA PASSED BY CONSENT WITHOUT A SINGLE OBJECTION DESPITE THE FACT THAT IT WAS IN THE MIDDLE OF A TIME WHEN CONGRESS WAS REFUSING TO PASS OTHER LEGISLATION CARLSON DEC 08 Doug. . Thankfully. Unanimous consent agreements are typically reserved for non-controversial measures.S. Congress set aside differences to pass sweeping antitrafficking legislation that will help rescue untold numbers of women and girls from the heinous sex-trade industry.SDI 09 SBH LAB 7 TRAFFICKING AFF EXTENSION FILE AT: POLITICS NO LINK. giving millions of human-trafficking victims both here and abroad hope for freedom this Christmas season. to more aggressively hold other nations accountable for their trafficking industries. Few people expected Congress to get anything done during this early December. lead by example. just hours apart in the House and Senate. It will make it easier for prosecutors to convict the pimps. The two votes. lame-duck session of business. Ethics and Religious Liberties Commission http://erlc. produced no objections—a rare feat for anything of historic and monumental proportions. The House and Senate agreed Dec. We must. with the possible exception of a bailout for the Big Three auto industry. 10 to the William Wilberforce Trafficking Victims Protection Reauthorization Act.

And thank you for the kind introduction.html The 2007 reauthorization of the Trafficking Victims Protection Act (TVPA) brought together a diverse.S. and sex trafficking. I was deeply involved with supporting the work of the Congress on the William Wilberforce Trafficking Victims Protection Reauthorization Act. THE 08 TVPA WAS PASSED UNANIMOUSLY IN BOTH HOUSES OF CONGRESS DE BACA 4-29-09 Ambassador-designate Luis C. I have most recently acted as Counsel to the U. In this Government must take every measure to counter this growing global tragedy.highbeam. bipartisan coalition to encourage Congress to improve the bill.senate. As noted. The unusual fact that the Act was passed in both houses by unanimous consent clearly demonstrates the national consensus that the U. Advocates of the TVPA want to increase protection for victims and the success rate of prosecuting traffickers. EVERY COALITION IN CONGRESS SUPPORTS ACTING AGAINST TRAFFICKING SOUJERNERS MAGAZINE 08 http://www.S. House Committee on the Judiciary. .SDI 09 SBH LAB 8 TRAFFICKING AFF EXTENSION FILE THERE IS A BIPARTISAN CONSENSUS FOR SOLVING HUMAN TRAFFICKING. "Virtually the entire political spectrum in the U.S.pdf. child labor exploitation. Congress is revolted by the crimes of forced labor" International Justice Mission's Holly Burkhalter told Sojourners. de BacaOffice to Monitor and Combat Trafficking in Persons Senate Committee on Foreign Relations http://foreign.

Coalition to Abolish Slavery & Trafficking. Government programs to stamp out slavery has been rock-solid in my tenure (even in a rollicking political season).S.madebysurvivors. bipartisan unity on the need to prioritize and fund U. whatever it takes—to win the worldwide battle against trafficking of human beings into the commercial sex trade and other forms of slavery. PLAN HAS MASSIVE BIPARTISAN SUPPORT ACTION GROUP 08 The Action Group is comprised of: the Alliance to Stop Slavery and End Trafficking. including any concern you may have. and Vital Voices Global I am certain intense attention will be paid both to the sexual exploitation and forced labor sides of the "human trade. so dehumanized victims become re-humanized survivors-until the day when slavery is no more. Anti-trafficking legislation has enjoyed robust bipartisan support during the last two Please help it to build and accelerate. I am confident there is still broad bipartisan support in Congress for whatever is necessary—more resources. Ambassador http://humantrafficking. It should be no surprise it will be a continued focus. It only stands to grow. Solidarity Center. Significant progress can be I also ask our witness to give their assessment of the impact the act and its implementation have had thus far. further legislation.pdf. FUNDING FOR TRAFFICKING IS NOT CONTROVERSIAL LAGON 09 Mark. The Action Group is a U. A brief historical overview will reflect key efforts to date.000/hfa76351_0. Recommendations for Fighting Human Trafficking in the United States and Abroad Transition Report for the Next Presidential Administration November 2008 http://www.S.SDI 09 SBH LAB 9 TRAFFICKING AFF EXTENSION FILE THERE IS BIPARTISAN SUPPORT FOR INCREASING FUNDING FOR TRAFFICKING HYDE 01 Henry. Polaris Project.change. Not For Sale but even more work is required to eradicate slavery.S. International Justice Mission. Ricky Martin Foundation. . I hope our witnesses today will discuss whether the Trafficking Victims Protection Act is being implemented in a way that keeps faith with these important principles. Free the Slaves. non-partisan group of complementary organizations dedicated to abolishing modern-day slavery and human trafficking. former U. I saw as a Senate staffer the coalition that propelled the enactment of the Trafficking Victims Protection Act in 2000." which victimizes millions of adults and children around the world. So too. Representative http://commdocs.

Cynthia A. prosecutors will have a more effective way to crack down on traffickers.R. 2000. Washington College of Law. American University --The author is grateful to the President's Interagency Council on Women for its guidance Kelly. Representative from New York option=com_content&task=view&id=1511&Itemid=61. H. Slaughter. 2000. entitled the Trafficking Victims Protection Act of 2000. which passed the House with broad bipartisan support. n307 On October 5. Protecting Human Victims of Trafficking: An American Framework 16 Berkeley Women's L. Frank R. Marcy Kaptur (D-OH). n310 On October 28. 2000. Wolf (R-VA). “One of the most frustrating aspects of the effort to combat trafficking has been the type of proof needed to make a case.D. 1999. Most often it requires testimony from a traumatized victim who has reason to fear the consequences to herself or her family if she testifies. 3244 after its passage by the House. unanimously passed the Senate on July 27. King (R-NY). the bill passed by voice vote. Representative Smith introduced a new trafficking proposal entitled the Trafficking Victims Protection Act of 1999.” . It speaks volumes that the fight against trafficking has brought together Democrats and Republicans. n303 This draft was considered the most comprehensive to date and had significant bipartisan Congressional and White House support. or coercion except to obtain enhanced penalties.R. Tom Lantos (D-CA). The new version. issued the following statement after voting last night for the William Wilberforce Trafficking Victims Protection Reauthorization Act (H. President Clinton signed the bill. McKinney (D-GA).SDI 09 SBH LAB 10 TRAFFICKING AFF EXTENSION FILE SUPPORT FOR TRAFFICKING VICTIME IS EMPERICALLY BIPARTISAN AND UNCONTROVERSIAL. THE 2000 ACT WAS PASSED ALMOST UNANIMOUSLY BY CONGRESS HYLAND 01 J. religious leaders and feminists. 3887). n308 The House passed the recommended bill by a vote of 371 to 1.J. 29 lexis On November 8. liberals and conservatives. 3244. 405 to 2: “Sex trafficking is modern-day slavery. It is a $10 billion worldwide industry and one of the most heinous crimes imaginable. n305 Senators Wellstone and Sam Brownback (R-KS) revised H. n304 On May 9. n311 The President hailed the Act as "landmark legislation" and a true effort of bipartisanship that would affect profoundly the lives of women worldwide. 3244 then went to conference committee to be negotiated into one bill.php? Congresswoman Carolyn B. “Sex trafficking is a human issue. not a political issue. n302 cosponsored by Representatives Gejdenson. n309 and the Senate approved it by a vote of 95 to 0. and John Cooksey (R-LA). n312 THERE IS MASSIVE BIPARTISAN SUPPORT FOR PROTECTING VICTIMS OF TRAFFICKING MALONEY 07 Carolyn. candidate. co-chair of the Congressional Human Trafficking Caucus. This historic bill will give prosecutors the tools they need to hold traffickers accountable and better protect sex trafficking victims. the conference committee released its 2000. By eliminating the need to prove force. making the Victims of Trafficking and Violence Protection Act of 2000 law. Peter which recommended one reconciled bill to both houses of Congress. Maloney (D-NY).R. n306 The House and Senate versions of H. fraud. http://maloney.

President Obama dispelled them at a bipartisan White House meeting with members of Congress on June 25." said Rep. Anthony Weiner (D-Brooklyn.nydailynews.html If there were any doubts about his commitment to immigration who attended the meeting. at the beginning of next year. at the latest." added Weiner.SDI 09 SBH LAB 11 TRAFFICKING AFF EXTENSION FILE NOT UNIQUE. "The President wants a comprehensive reform done this year or. "He half-jokingly told us that he was willing to use 'any political capital he has left' for this purpose. OBAMA WILL SPEND POLITICAL CAPITAL ON IMMIGRATION REFORM NOW RUIZ 7-5-09 Albor. Queens). Daily News http://www. .

in and of itself. The William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 — The Highlights http://www. n284 Additionally. The Act and report language acknowledges the plight of the victims in several ways: the report language clarifies that preying on a victim's drug use or addictions will. Washington College of Law. a private right of action. however. n281 The federal Crime Victims Fund reimburses states for approximately 40% of state funds expended on victims' services. and coercion will no longer be gauged by the "reasonable person" standard but instead be gauged using the same backgrounds and circumstances as the victim. American University --The author is grateful to the President's Interagency Council on Women for its guidance 09 SBH LAB 12 TRAFFICKING AFF EXTENSION FILE AT: SPENDING NO SPENDING REQUIRED TRAFFICKERS WILL FOOT THE BILL A) THE 2008 TVPA AUTHORIZED USING FUNDS FROM CASES AGAINST TRAFFICKERS TO HELP SURVIVORS ZURITA 09 Brenda. n280 A separate trafficking fund may be duplicative. they should be granted access to this fund. the Act states that proof of force.1 slavery or trafficking in persons crimes. [*59] and payment of social services. the extension of the Victims' Bill of Rights to trafficking victims. since legislation recognizes trafficked women as victims of crime. B)REVENUE FOR TRAFFICKING SOCIAL SERVICES WOULD COME FROM TRAFFICKERS NOT TAXPAYERS HYLAND 01 J. however. candidate.htm. The Act also strengthens the financial provisions of the TVPA to enable victims to receive restitution through traffickers' forfeited assets and enhances the ability of victims to obtain civil damages from anyone benefitting from engaging in federal peonage. long-term services will be required to reintegrate the victim into society. such as T visas. restitution. fraud. . n282 The barrier to using these funds has been the illegal status of the victims.cwfa. Protecting Human Victims of Trafficking: An American Framework 16 Berkeley Women's L. n277 This trafficking fund would be supported not by taxpayers but by convicted traffickers. 29 lexis Unfortunately. n278 A percentage of punitive damages awarded or any forfeited funds left over after payment of restitution and services could go to the fund. funding for crime victims' services otherwise is limited. Some of these proposals were incorporated by the Victims of Trafficking and Violence Protection Act. n276 One possible way to fund services for trafficking victims is to designate a fund specifically for them. n283 It is feasible for trafficking victims to use the existing services infrastructure for victims of crime. because state crime victims' funds already exist. Several proposals should be adopted to ensure greater protection. n279 Revenue for a trafficking fund also could be generated through a general court fee assessed to trafficking cases. form the basis for convicting traffickers under the Trafficking Victims Protection Act (TVPA).

assistance in finding employment. n242 In its 2003 report.500 to 50. and transportation. n241 The number of people who had been certified by the Department of Health and Human Services ("HHS") as eligible for services as victims of trafficking was also stunningly low. very few victims have received any of these forms of assistance. and even legal permanent resident status. certain [*3018] benefits. n237 In certain cases. approved 136. and 238 were pending. and in March 2003. fewer than 500 people had received Tvisas." n243 Specific measures were enacted after 2003 to improve outreach efforts. only 172 had been granted. as of July 2005.000.5 million in grant money was also made available to various NGOs for emergency services for victims as soon as they have been encountered. n244 HHS implemented a $ 2 million effort to identify and serve more trafficking victims through public service announcements and training of nongovernmental organizations ("NGOs"). n249 And Congress has mandated that the Legal Services Corporation provide legal assistance to trafficking victims. the Department of Homeland Security received 520 applications for T non-immigrant status.6 million in grants to twenty-two organizations for outreach and services geared toward trafficking victims. the Department of Homeland Security had received only 453 T-visa applications.. In addition to maintaining a tollfree hotline for victims. and. n248 In addition. n238 Of the 453 T-visa applications. $ 9. assistance includes mental health counseling. however.SDI 09 SBH LAB 13 TRAFFICKING AFF EXTENSION FILE THE PRESENT SYSTEM HAS EXPANDED THE SERVICES AVAILABLE BUT RESTRICTED THE PEOPLE WHO CAN ACCESS THE SERVICES CHACON 06 Jennifer M. Davis. The combined number of certifications and eligibility letters issued by HHS for the four fiscal years following the enactment of the TVPA was 611. The simple fact remains that. n246 In some cases. University of California. and specialized foster care for children.fewer than 1000 people received HHS certification and T-visa protection during the first four years of the Act's existence.5 million to fifteen organizations to assist them in providing for the needs of trafficking victims such as temporary housing. Yale Law School Fordham Law Review 74:297 LEXIS MISERY AND MYOPIA: UNDERSTANDING THE FAILURES OF U. the HHS had awarded over $ 4. not counting those already present n251 .S. victims of trafficking in the United States are able to apply for temporary visas. but also to inform state [*3019] officials of the implications of the Act. n250 But the 2005 State Department Report indicated that these efforts have not substantially increased the number of victims assisted by TVPA-based programs. as of the end of 2004. thirteen were denied. To date. continued to consider ninety-two. n247 While these services were reserved for the "certified" victims of trafficking. education. EFFORTS TO STOP HUMAN TRAFFICKING One of the three stated overarching goals of the Trafficking Act is to provide protection for trafficking victims. Between the passage of the Act in late 2000 and June 2003. living skills. the State Department attributed much of the shortfall to a failure in "outreach.D. School of Law.a number that ranges from 14. n240 In short. . of the estimated number of trafficking victims who enter the country each year . n239 In fiscal year 2004. funds were allocated to train not only federal law enforcement officials on issues of trafficking. n245 As of February 2003. J. denied 292. HHS issued approximately $ 3. Chacon*Assistant Professor.

necessary medical care and other assistance." n346 The Act continues by stipulating that agencies and departments must provide. The House bill used more protective language. which were not included in the Act. n338 At this time. n334 Since there are no additional details in the Act's provision. as long as the victim is a potential witness. and translation assistance. n355 This would mean that a victim [*65] who is not a potential witness could be deported. fined. n337 A mandatory grant program would be more advantageous since there is a desperate need for funds and for an increase in the number of service providers for trafficking victims.J. to the extent practicable. or retribution." must promulgate regulations requiring that trafficking victims not be held in facilities "inappropriate to their status as crime victims. n356 . n353 In addition. it required officials to keep the trafficked person in the country so long as the individual was a victim or a material witness. or otherwise penalized due to having been trafficked" n345 and that they "be housed in appropriate shelter as quickly as possible. but not the Senate bill. the Act requires that regulations be drafted to keep the names of trafficking victims and their family members confidential and provide victims and family members with physical protection if at risk of harm. n341 Additionally in the protection section. job training. American University --The author is grateful to the President's Interagency Council on Women for its guidance Kelly. the Department of Justice should create new grants for service providers in the interest of ensuring that victims will act as witnesses. the Act did not include the provision from the House bill which required grant applicants [*64] to certify that they have not punished victims or denied them services. n333 Even though the Act is not this specific. so long as the individual is indeed a victim and a potential witness. candidate. 29 lexis Perhaps the most crucial protection provision affords assistance to trafficking victims in the United States regardless of immigration status through expanded federal services and initiatives. n352 also expressly provides for the physical protection of trafficking victims and their family from retribution. CAST is the only independent U.D. low-income housing. adopting a provision of the Senate bill. expressly designated victims as eligible for compensation and services from the Crime Victims Fund. the House bill offered better protection than that provided through the Act's phrase "information regarding their rights" n349 by expressly stating that victims shall have access to legal assistance. n347 information regarding the victim's rights. that required that victims not be "jailed. and other forms of assistance. recapture.S. it expressly provides for eligibility "without regard to their [victims'] immigration status. the clause reads that the Attorney General "may" make grants. n336 Unfortunately. n354 All of these protective regulations may become meaningless if the victim is deported. including compensation from the Crime Victims Fund. "to the extent practicable. intimidation. organization providing services exclusively to trafficking victims. the last part of the law enforcement and prosecution section makes trafficking victims eligible for witness protection. n344 The House bill had offered additional protective measures. n350 Second. n339 Assuming funding for a new grant program is set aside from funding for more prosecutions. n340 Unfortunately. agencies and departments. n332 The House bill. rather than required. In addressing this issue. the Act. n335 The protection section also includes a Department of Justice victim assistance grant program. Protecting Human Victims of Trafficking: An American Framework 16 Berkeley Women's L. the Act incorporates the Senate's weak language." eliminating the existing barrier to the Fund. thus the grant program is discretionary. stating only that federal law enforcement officials may act to keep a victim in the country. emergency shelter and medical assistance. n351 Third." n343 This language came from the Senate bill. Washington College of Law.SDI 09 SBH LAB 14 TRAFFICKING AFF EXTENSION FILE AT: STATES C-PLAN ONLY THE FEDERAL GOVT CAN SOLVE BECAUSE IF THEY ARE DEPORTED ALL PROTECTION BECOMES IRRELEVANT HYLAND 01 J. Congress required that three critical victim issues be addressed in regulations within 180 days. n348 Again. n342 First. agencies creating regulations could interpret it broadly enough to extend any existing victim services to trafficking victims.

Perhaps STATES CAN’T SOLVE BECAUSE THEY CAN’T ASSURE EFFECTIVE WITNESS PROTECTION Richard. States do not have the power to offer the benefits of legal status to victims prosecuted at the state level. states depend on the federal system to offer protection to victims and witnesses in their cases. this may not necessarily be the case. University of Michigan Law School Journal of Law Reform.SDI 09 SBH LAB 15 TRAFFICKING AFF EXTENSION FILE STATES CAN’T SOLVE BECAUSE OF FEDERAL CERTIFICATION REQUIREMENTS Richard. Office of Refugee Resettlement (ORR) only considered assistance to federal law enforcement agents as suitable support for certification. J. The VWPA protects those individuals who are likely to have crimes of violence committed against them because of their participation as witnesses in proceedings concerning an organized criminal activity or other serious offenses. 83 U. n102 Similar protection is not available at the state level. Mich. These statements are considered if a trafficked person has assisted in the investigation and prosecution of state level crimes involving severe forms of trafficking. Those trafficked persons who need witness protection qualify for financial assistance and other services to help the individual become independent. Stephanie. University of Michigan Law School Journal of Law Reform. a state must reimburse the United States for expenses incurred in providing protection. similar to receiving social service benefits and immigration status. “STATE LEGISLATION AND HUMAN TRAFFICKING: HELPFUL OR HARMFUL?” lexis law To protect victims and their families. but a the most pressing concern with state legislation criminalizing human trafficking is the issue of the victim's immigration status in the United States. n82 This provision in the Reauthorization Act means that victims of trafficking investigated and prosecuted at the state level are theoretically no longer dependent on the instigation of federal level investigations to receive services. and being willing to testify at proceedings against them. If the U. Winter 2005. In contrast to the well-developed federal witness protection program. the Secretary of Health and Human Services must certify a victim after consultation with the Attorney General. it is unknown if state-level applications for certification will be granted as easily or efficiently. Attorney grants the request.L. n81 Prior to the passage of the Reauthorization Act in 2003. requests from state or local authorities for this type of protection must go through the [*469] appropriate United States Attorney. the TVPA provides victims with the right of privacy and protection under the Victims and Witness Protection Act (VWPA) of 1982. n78 To obtain this certification. Immigration issues always have and will continue to be the sole domain of the federal government. n103 Therefore.L. Nevertheless. victims of trafficking whose cases are brought and prosecuted at the state level should have the same access to federal benefits and services as victims of trafficking whose claims are prosecuted at the federal level. the trafficked person must be willing to reasonably assist in the investigation and prosecution of severe forms of trafficking. locating and apprehending human traffickers. n105 . change in immigration status when their case is prosecuted at the state level. The Witness n100 Security Reform Act of 1984 does authorize the Attorney General to provide protection to state and local witnesses. and the state must agree to cooperate with the Attorney General in carrying out the provisions of the Witness Security Reform Act. Reform 447. most states do not even have such programs. Winter 2005. Therefore.S. “STATE LEGISLATION AND HUMAN TRAFFICKING: HELPFUL OR HARMFUL?” lexis law In theory. the Reauthorization Act altered the TVPA's language to require the Secretary of Health and Human Services to consider statements from state and local law enforcement officials. However. Mich. Stephanie. the United States Department of Health and Human Services. n80 The TVPA defines n79 "assistance with investigation and prosecution" as identifying. Reform 447. The TVPA authorizes any alien who is a victim of severe forms of trafficking in persons to be eligible for benefits and services to the same extent as an alien admitted to the United States as a refugee. n77 To access these benefits. n101 Any human trafficking violation under the TVPA is considered to fall within the definition of an organized criminal activity or other criminal offense. To qualify for certification the victim also must have applied for a T-visa. or be eligible for continued presence because their testimony is necessary to prosecute traffickers. 83 U. n104 However. J. since receiving [*464] this certification is dependent on a federal agency. Recognizing that this hindered state investigatory efforts. This potential problem can be more fully explored by looking at the similar concerns that arise when victims seek not only social services. states seeking to assist human trafficking victims through their own legislation need to consider how they can address this pressing problem for most victims of human trafficking.

she may provide information about "circumstances attributable to the trafficking in persons situation. n116 The penalties for failing to meet the rescue and LEA endorsement restrictions of the T visa regulations are severe. DOJ is charged with investigating and prosecuting trafficking crimes. presenting practical barriers for victims seeking T visas." n110 which may include "trial transcripts. such as trauma. and "strongly advises" submission of the endorsement." n115 A survivor who is "liberated" by law enforcement does not have to satisfy this requirement. Immigrants' Rights Clinic. n108 A T visa may be revoked if "the LEA providing the LEA endorsement withdraws its endorsement. If she fails to leave. injury. Boston University Law Review 15:157 LEXIS The two federal agencies charged with implementing the TVPA's T visa provisions are the DOJ and the DHS. DHS and DOJ have imposed restrictions beyond the statutory language. which does not specify how such cooperation should be assessed." n109 If a victim cannot obtain an LEA endorsement. she must provide "sufficient credible secondary evidence. Language of Regulations Regulations implementing the T visa provisions of the TVPA impose two main restrictions that extend beyond the statute. n106 Through the LEA endorsement. DHS advises victims that these elements of their application "may be difficult to establish" without the endorsement. the regulations direct T visa applicants to obtain a law enforcement agency (LEA) endorsement. court documents. which certifies that they were victims of a severe form of trafficking in persons and that they assisted in the investigation or prosecution of the trafficker." n111 A victim without an LEA endorsement must also provide a statement "describing what [she] has done to report the crime to an LEA. In implementing the TVPA. including what efforts the applicant undertook to accomplish these attempts." and must "demonstrate that good faith attempts were made to obtain the LEA endorsement." n114 To do so. Stanford Law School. news articles. who should make such an assessment.SDI 09 SBH LAB 16 TRAFFICKING AFF EXTENSION FILE STATES CANNOT SOLVE BECAUSE UNLESS THE FEDERAL REQUIREMENTS ARE CHANGED FEDERAL AGENCIES WILL DEPORT TRAFFICKING VICTIMS WHEN THEY COME FORWARD SRIKANTIAH 07 Jayashri Srikantiah** Associate Professor of Law and Director. and is potentially subject to other immigration sanctions as well. n113 In other words. Individual law enforcement agents and prosecutors issue the endorsements." n112 [*177] The second burden imposed by the regulations is a requirement that a victim show that "she did not have a clear chance to leave the United States in the interim" between her escape from her traffickers and law enforcement involvement. she is expected to leave the United States. . deciding whether a particular victim has suffered sufficiently severe trafficking and has cooperated sufficiently with law enforcement. police reports. First. once a survivor escapes. A. Under the immigration laws. a survivor who fails to meet these requirements is subject to removal for being in the United States without documentation. or the level of cooperation sufficient for a T visa. DHS adjudicates applications from trafficking victims seeking T visa relief. and copies of reimbursement forms for travel to and from court. DHS implements statutory language requiring that T visa applicants be victims of a severe form of trafficking in persons and cooperate with any reasonable request from law enforcement. she must demonstrate why "she did not have a clear chance to leave. or travel documents that have been seized by the traffickers. lack of resources. n107 The LEA endorsement restriction goes beyond the language of the statute.

June 20 . University of Michigan Law School Journal of Law Reform. and international investigations. such as counselors. n124 Task forces across the country have also been formed and funded through federal funding programs. n125 All of these task forces have also been funded by OVC to provide trafficking victim services. The 2003 US Assessment reports that human trafficking cases are among the most labor-and time-intensive criminal investigations that the United States government undertakes. Winter 2005.L. J. The DOJ's Office for Victims of Crime ("OVC") funded twenty-five direct service projects for victims in fiscal year 2005. The CRD itself has formed and funded thirty-two task forces in twenty-one states and territories with thirteen million dollars. These investigations often involve numerous victims. multiple federal agencies. and facilitate cooperation between state and federal agencies to assist with international investigations. Potential Concern Surrounding Resources for Investigations . Shashi Irani . Cardozo Journal of Law & Gender. Stephanie. create specialized state police taskforces to investigate human trafficking cases. “STATE LEGISLATION AND HUMAN TRAFFICKING: HELPFUL OR HARMFUL?” lexis law states may not have the means to effectively investigate human trafficking cases. Reform 447. many victims 3. or emotional trauma and require assistance from numerous professionals. language and cultural barriers. Federalism empirically denied Empirically denied – federal government already funding states projects. physical. psychologists. n123 Grantee organizations provided benefits such as building shelter capacity for victims or providing other victim benefits to pre-certified victims that are culturally and linguistically appropriate in communities across the country. serving a total of 682 victims during that year alone. Mich. physicians and child Unlike in the federal government where the Civil Rights Division of the DOJ centrally provides guidance and resources for all federal human trafficking cases. Yeshiva University School of Law.There is also a concern that n106 suffer sexual.SDI 09 SBH LAB 17 TRAFFICKING AFF EXTENSION FILE States can’t solve – resources Richard. n126 . Given that investigations concerning human trafficking cases often extend beyond our national boundaries and command large investments of resources. DECENTRALIZING THE FIGHT AGAINST HUMAN TRAFFICKING IN THE UNITED STATES: THE NEED FOR GREATER INVOLVEMENT IN FIGHTING HUMAN TRAFFICKING BY STATE AGENCIES AND LOCAL NON-GOVERNMENTAL ORGANIZATIONS Kara 07 A number of the federal agencies also provide grant and funding options to state and local agencies. 83 U. states may not have access to the same types of resources or take the time to develop the specialized skills that are needed for trafficking investigations. n107 Additionally. states should acknowledge these issues by including provisions in any legislation criminalizing human specialists. These provisions should make special [*470] allotments for human trafficking investigations. n108 trafficking that will assist in facilitating investigations. as well as non-governmental organizations providing victim benefits and services.

business.J. and coordination among different levels of law enforcement. HIV/AIDS. federal officials should train local law enforcement entities that may not be aware of the federal law. Cardozo Journal of Law & Gender. n133 Working groups should also strive to increase public awareness. such as newspapers or newsletters circulated in other languages. 451 LEXIS For smooth and comprehensive delivery of protections. BOSTON COLLEGE THIRD WORLD LAW JOURNAL 25 B. Mich. and mental health should also integrate awareness of human trafficking into their curricula. That is. a multi-disciplinary coordinated response is necessary to address the trafficked person's variety of needs. since the effectiveness of these protections depends on the wider community's knowledge of the laws. Perm is common sense. June 20 . nonprofit service providers. J. and drunk driving awareness efforts. any increase in the number of state and local officials tasked with investigating local instances of trafficking would free up a . Winter 2005.SDI 09 SBH LAB 18 TRAFFICKING AFF EXTENSION FILE Perm Solves COORDINATED FEDERAL STATE AND PRIVATE EFFORTS SOLVES BEST DALRYMPLE 05 JOYCE KOO DALRYMPLE *Staff Writer. n136 To educate the public. medicine. Stephanie. n134 First. 83 U. because it just makes practical sense. social work. and federal and local law enforcement must work in tandem to combat trafficking in their community. and accordingly. n132 Community responses should focus on. Also. domestic [*472] violence. working groups should develop media campaigns modeled after successful public health initiatives. Shashi Irani . identifying greater numbers of victims. n135 Professional schools in the fields of nursing. n130 Lawyers. “STATE LEGISLATION AND HUMAN TRAFFICKING: HELPFUL OR HARMFUL?” lexis law Potential benefits of state legislation criminalizing human trafficking include assisting prosecutorial efforts. criminalizing human trafficking at all levels of law enforcement sends a clear message to traffickers that their actions will not be tolerated anywhere in the United States. Yeshiva University School of Law. n131 Working groups should be established in cities nationwide. University of Michigan Law School Journal of Law Reform. a moving violation down Elvis Presley Boulevard does not necessitate an FBI investigation. DECENTRALIZING THE FIGHT AGAINST HUMAN TRAFFICKING IN THE UNITED STATES: THE NEED FOR GREATER INVOLVEMENT IN FIGHTING HUMAN TRAFFICKING BY STATE AGENCIES AND LOCAL NON-GOVERNMENTAL ORGANIZATIONS Kara 07 Fully addressing trafficking in this country necessitates taking advantage of this country's federal system of governance and the decentralized network of NGO's working throughout the nation. tailoring their services to the specific [*471] needs of their given community. . This is so not only for the reasons discussed above. crime scene investigations.L. law. among other things: victim identification and management.C. no one should fight international crime armed only with the Memphis city police department. education and public awareness campaigns about trafficking should utilize the media in immigrant communities. victim assistance for safety and medical and rehabilitative services. such as anti-smoking. but moreover. Third World L. n137 To be effective. and marshalling state resources to more effectively combat the problem Further. n138 Perm solvency Richard. Reform 447.

Quite often. by no fault of their own. Cardozo Journal of Law & Gender. In fact. June 20 . local police will investigate and arrest trafficked persons as illegal sex workers or undocumented workers. this lack of training may work to the trafficker's advantage. introduced in Part I. The case of the John Pickle Second. DECENTRALIZING THE FIGHT AGAINST HUMAN TRAFFICKING IN THE UNITED STATES: THE NEED FOR GREATER INVOLVEMENT IN FIGHTING HUMAN TRAFFICKING BY STATE AGENCIES AND LOCAL NON-GOVERNMENTAL ORGANIZATIONS Kara 07 trafficking is a crime not easily recognizable to those without proper training. above. . Yeshiva University School of Law. n58 n59 n60 n61 Company. States Fail Turn: State and Local Policies fail – No Training Shashi Irani . they often do not have the training to recognize trafficking for the crime it is. Even though local police may be the most likely to come across trafficking crimes. illustrates this point.SDI 09 SBH LAB 19 TRAFFICKING AFF EXTENSION FILE comparable number of federal officials to concentrate on interstate and international instances of this crime.

n62 This could have been a groundbreaking discovery of the John Pickle Company's large-scale human trafficking operation. Unfortunately. He told the officer that the John Pickle Company was holding these documents. June 20 . but the officer was too unfamiliar with the indicia of trafficking to make a simple inquiry into the matter. the officers simply returned the worker to the John Pickle Company without any further questions.SDI 09 SBH LAB 20 TRAFFICKING AFF EXTENSION FILE Local policies fail – Pickle Proves Shashi Irani . Yeshiva University School of Law. desperate trafficked persons may go unnoticed and un-investigated every day. Instead of investing into why a factory would confiscate an immigrant worker's passport and identification papers. . countless other opportunities presented to the police by brave. DECENTRALIZING THE FIGHT AGAINST HUMAN TRAFFICKING IN THE UNITED STATES: THE NEED FOR GREATER INVOLVEMENT IN FIGHTING HUMAN TRAFFICKING BY STATE AGENCIES AND LOCAL NON-GOVERNMENTAL ORGANIZATIONS Kara 07 Three months after the trafficked workers arrived at the John Pickle plant. Cardozo Journal of Law & Gender. one of them tried to leave by secretly applying for a job at a local hotel and was questioned by the police for applying for the job without a passport or proper identification.

. J. It argues that the "extreme hardship involving unusual or severe harm upon removal" is also too rigorous.emphasizes the law enforcement [*2979] components of anti-trafficking initiatives in a way that undercuts the Act's humanitarian goals of assisting trafficking victims. . School of Law. University of California. either internationally or domestically." and willing to assist in every reasonable way [*460] in the investigation and prosecution of their trafficker. Davis. n57 Additionally. The most recent diagnoses of the domestic failure are tending to converge: Commentators note that the Act .C. Third World L." n59 Part A of this Section explores the requirement that persons must be a victim of "severe forms of trafficking" to be eligible for any protections under the TWA. Yale Law School Fordham Law Review 74:297 LEXIS MISERY AND MYOPIA: UNDERSTANDING THE FAILURES OF U. there is almost universal consensus that the Trafficking Act. EFFORTS TO STOP HUMAN TRAFFICKING The Trafficking Act has inspired a great deal of scholarly comment and criticism. while well-intentioned. Part C suggests that the 5.000-person cap on the number of victims who can obtain temporary residency is arbitrary and excessively low. and should be repealed. n58 Trafficked persons can only qualify for T visas by demonstrating "extreme hardship involving unusual and severe harm upon removal. n5 PRESENT POLICY RESTRICTS ACCESS TO SERVICES FOR TRAFFICKED PERSONS DALRYMPLE 05 JOYCE KOO DALRYMPLE *Staff Writer. Part B examines the requirements that victims must meet to obtain legal residency in the United States. has thus far failed to make sufficient strides in addressing the problem of human trafficking. and should be based instead on a well-founded fear of retribution upon removal. Chacon*Assistant Professor.D. the victim must either have made a bona fide application for a T visa that has not been denied. It argues that this stringent requirement must be relaxed to assist victims of all forms of trafficking.SDI 09 SBH LAB 21 TRAFFICKING AFF EXTENSION FILE INHERENCY THERE IS A CONSENSUS THAT THE TVPA IS INEFFECTIVE NOW CHACON 06 Jennifer M. or his or her continued presence in the United States must be necessary for the prosecution of traffickers. n56 Trafficked persons must be a victim of a "severe form of trafficking.particularly as it has been implemented . BOSTON COLLEGE THIRD WORLD LAW JOURNAL 25 B. n4 Unfortunately.S.J. 451 LEXIS Victims must meet many requirements to be certified to receive benefits under the TVPA.

n12 Placing the victim identification function in prosecutorial hands also leads to non-uniform results. The TVPA created a new "T" visa that allows trafficking victims to apply to stay in the United States. fraud. only 616 victims have successfully obtained relief. I suggest that the implementing [*160] agencies . Boston University Law Review 15:157 LEXIS Antonio is not alone. such as asylum or relief under the Violence Against Women Act (VAWA).SDI 09 SBH LAB 22 TRAFFICKING AFF EXTENSION FILE THE TVPA RESTRICTIONS CONVERT THE T VISA INTO A HYBRID THAT UNDERCUTS THE HUMANITARIAN PROTECTION OF TRAFFICKED PERSONS SRIKANTIAH 07 Jayashri Srikantiah** Associate Professor of Law and Director. and satisfies interests in prosecuting traffickers by requiring victim compliance with requests for assistance in investigations." n5 a term defined as trafficking for forced labor or sex through the use of force. with each prosecutor or investigator making determinations based on her own conception of who is a deserving trafficking victim. n8 CONDITIONING ACCESS TO RESIDENCY ON PROSECUTORIAL COOPERATION PUTS THE FATE OF TRAFFICKED PERSONS IN THE HANDS OF FEDERAL LAW ENFORCEMENT PERSONNEL WHO GUT HUMANITARIAN PROTECTIONS SRIKANTIAH 07 Jayashri Srikantiah** Associate Professor of Law and Director.have narrowed the availability of the T visa even beyond the statutory language of the TVPA. The same agent or prosecutor who decides whether a victim would be a good witness also decides whether the individual is a victim for the purposes of the T visa. n10 While I agree with that critique in part. ignoring its humanitarian purposes. I suggest that this conflict results in a failure to identify as trafficking victims those who do not present themselves as good prosecution witnesses. The T visa is a hybrid: it both provides humanitarian assistance to individuals who are victims of a severe form of trafficking.500 people are trafficked into the United States annually to work as modern-day slaves. n2 [*159] These individuals typically enter the United States unlawfully and upon their entry are exploited for forced labor or sex. . n3 In 2000. n6 The victim must also show that she "has complied with any reasonable request for assistance in the investigation or prosecution of acts of trafficking. this Article suggests additional reasons for the failure of the visa that focus on federal agency implementation of the statute." n7 The statutory requirements for the visa reflect a legislative compromise between the humanitarian and prosecutorial functions of the visa.the Department of Homeland Security (DHS) and the Department of Justice (DOJ) . or coercion. agency regulations place the responsibility of identifying trafficking victims and assessing victims' cooperation with law enforcement in the hands of prosecutors and agents responsible for investigating traffickers. The T visa is thus unlike purely humanitarian immigration relief. which require only demonstration of victim status. Stanford Law School. n11 Agency implementation has focused on the prosecutorial goals of the T visa. a trafficking victim must demonstrate that she suffered a "severe form of trafficking in persons. Immigrants' Rights Clinic. Stanford Law School. n9 Existing critique has focused on the law enforcement cooperation requirement of the T visa and the TVPA's trafficking definition. Congress enacted the Trafficking Victims Protection Act (TVPA) n4 to protect trafficking victims by providing them with immigration relief. The government estimates that up to 17. To obtain the T visa. Immigrants' Rights Clinic. On a structural level. Boston University Law Review 15:157 LEXIS Despite the availability of T visas since the enactment of the TVPA in 2000.

n65 It goes further than the TVPA by discussing the abuse of power. n73 A rigid reading of "severe" ultimately would prevent the TVPA from accomplishing its intended purpose. n62 The Act should adopt a broader definition that includes all kinds of trafficking. the TVPA's standard that eligible victims must be victims of "severe forms of trafficking" is difficult to apply.SDI 09 SBH LAB 23 TRAFFICKING AFF EXTENSION FILE RESTRICTING SERVICES TO “SEVERE” FORMS OF TRAFFICKING RENDERS PRESENT POLICY INEFFECTIVE DALRYMPLE 05 JOYCE KOO DALRYMPLE *Staff Writer. may make voluntary choices about their migration and working conditions. but a victim of severe [*461] trafficking must believe that he or she would suffer serious harm or physical restraint if he or she were to leave the trafficker. n72 Even the White House believes that the victims of severe forms of trafficking standard is stringent and the criteria for temporary residency visa is too restrictive. Especially Women and Children. and the giving or receiving of payments or benefits to achieve the consent of a person having control over another. Suppress and Punish Trafficking in Persons. or slavery. n60 By restricting its scope to "severe forms of trafficking. this decision cannot be made on-site without investigating the facts of the case. similar to that of the Protocol to Prevent. n64 This approach recognizes that trafficked workers. n71 Victims lack incentive to testify if they are not going to be allowed to stay in the United States or adequately protected.J. and labor trafficking. but may nonetheless end up in exploitative working conditions. defined as involuntary servitude. Third World L. n70 The courts and the Department of Homeland Security will likely interpret this language very narrowly to prevent fraud. n68 Therefore. peonage." which include only sex trafficking for the purpose of a commercial sex act. but makes no attempt to define or criminalize those forms. n67 Law enforcement agents must make immediate determinations as to whether to take the victim to a detention center or an appropriate facility for trafficking [*462] victims. which supplements the United Nations Convention Against Transnational Organized Crime. n61 Physical coercion is not always required. n69 A strict interpretation of "severe" requires that victims. n74 . debt bondage. victims should be presumed to qualify as a victim of severe forms of trafficking until a contrary determination is made. n66 Moreover." the Act implies that other forms of trafficking exist. detained. and deported. be treated as criminals. who are misidentified or not trafficked with enough force. 451 LEXIS The TVPA criminalizes only "severe forms of trafficking in persons. however. n63 The Protocol's operative concept is exploitation. rather than coercion. a position of vulnerability.C. BOSTON COLLEGE THIRD WORLD LAW JOURNAL 25 B. primarily women.

n148 The need for these services is severe immediately upon escape. n142 PROVING SEVERITY OF TRAFFICKING OR EXTENT OF COOPERATION WITH LAW ENFORCEMENT IS OFTEN IMPOSSIBLE FOR VICTIMS OF TRAFFICKING SRIKANTIAH 07 Jayashri Srikantiah** Associate Professor of Law and Director. Stanford Law School.may not have filed police reports in advance of the trafficker's arrest. n137 The TVPA provides few tools for law enforcement agents to ensure the safety of victims' families abroad. and there are rarely witnesses or physical evidence corroborating the victim's story. when victims require the most intense stabilization and care. The LEA endorsement restriction transforms victim identification into a prosecutorial matter. "trial transcripts. The regulations suggest that victims provide. n147 [*183] The victim's efforts to compile the necessary secondary evidence are complicated by the fact that. Boston University Law Review 15:157 LEXIS Regulations impose a tough standard on victims who fail to obtain the LEA endorsement. not an assessment of a victim's trafficking experience. without an LEA endorsement or continuing presence status. Immigrants' Rights Clinic. These victims lack primary evidence of victim status and cooperation with law enforcement and must rely instead on secondary evidence in their T visa applications. Some investigations may never lead to prosecution. Trafficking victims are often isolated from public view. victims might not participate in investigations because they are still psychologically under the trafficker's control. or may take months or years to become public. Even if a victim attempts to file a police report after escape. news articles. Some cases may not be reported in the news. victims are not entitled to federally funded social services and must instead rely on charity. where police reports may not have been made. police reports. and copies of reimbursement forms for travel to and from court. by which time the survivor's T visa application may be denied. n139 Such victims may be denied an LEA endorsement even if their decision not to cooperate was reasonable under the circumstances.who are typically isolated before escaping from their traffickers . n149 and continues with the uncertainty of waiting for immigration status and social service benefits. given the psychological coercion and trauma that typically accompany trafficking. n150 . Stanford Law School. n140 Victims who might later cooperate are not given the opportunity to obtain an LEA endorsement if they fail to present as cooperative witnesses during an initial interview with law enforcement agents or prosecutors. or because they fear that they will be prosecuted or deported. n144 It is also challenging for a survivor to document threats and intimidation in the source country. n145 Demonstrating cooperation with law enforcement is equally burdensome. n138 In addition. In those that do. n141 The victim protection function of the [*182] TVPA is subsumed by an implementation of prosecutorial goals that grants individual prosecutors and investigators maximum discretion in granting relief. Immigrants' Rights Clinic.SDI 09 SBH LAB 24 TRAFFICKING AFF EXTENSION FILE THE REQUIREMENT THAT VICTIMS COOPERATE WITH PROSECUTORS GUTS THE EFFECTIVENESS OF PROTECTIONS SRIKANTIAH 07 Jayashri Srikantiah** Associate Professor of Law and Director. criminal evidence may never become public (if information is filed under seal). and victims . among other things. law enforcement may not investigate her case. Boston University Law Review 15:157 LEXIS Some victims may decide not to participate in law enforcement investigations for fear that the trafficker's network will retaliate against family members in their home countries. court documents. n143 Yet documentation and witnesses of victimhood in the trafficking context are difficult to obtain. particularly if they were discovered during the confusion and stress of a law enforcement raid." n146 Such evidence may be difficult to obtain in practice.

J. is disfavored. Chacon*Assistant Professor. Furthermore. entitled to the full protection of labor laws.D. courts have interpreted the enforcement of IRCA provisions to require a clear distinction between legal workers. Reporter for Houston Chronicle http://www. the TVPA mirrors them. In Houston. because the TVPA provides the only available form of assistance to these individuals in a world where labor law enforcement turns a virtual blind eye to their exploitation. n274 The present unwillingness to extend protections to "illegal [*3023] workers" absent a showing of their "innocence" embeds into the TVPA the same immigration and labor law policies that have created a haven for trafficking and migrant exploitation. and undocumented workers who are not entitled to full restitution.chron. Immigration law has long categorized individuals who have been exploited in the workforce as criminals rather than victims.. Beginning well before Hoffman Plastic.mpl/metropolitan/6129019. many of the trafficking victims in the State Department's annual statistics will never be aided by either the TVPA or the other laws that the TVPA was designed to supplement. just 67 of about 120 women rescued after a massive raid in 2005 have obtained the so-called "T visas" to help them rebuild their lives. School of Law.S.. She told the Chronicle: "My apartment was empty. University of California. EFFORTS TO STOP HUMAN TRAFFICKING Congress's decision to narrow the class eligible for assistance under the Act has affected prosecution and outreach efforts under the TVPA.SDI 09 SBH LAB 25 TRAFFICKING AFF EXTENSION FILE THE NARROWING OF ELIGIBILITY FOR SERVICES UNDER THE TVPA CREATES A SAFE HAVEN FOR TRAFFICKERS CHACON 06 Jennifer M. who is still without a visa. n275 These distinctions have been fueled by developments in labor law.html The federal government has spent seven years and tens of millions of dollars striving to save foreign women exploited in sweatshops or sold as sex slaves in America — yet only about half have gotten special visas for victims willing to help prosecute traffickers. It's hard to know what to do. THE RESTRICTIONS MEAN THAT EVEN PERSONS RESCUED FROM TRAFFICKERS DON’T GET VISAS OR ACCESS TO SERVICES OLSEN 11-24-08 Lise. One woman." . Rather than allowing for a reassessment of these policies. Assistance to individuals who may have played some volitional role in their transportation or employment. but even more so after that decision. home to one of the nation's most successful anti-trafficking task forces and a major transit point for human trafficking.. according to a Houston Chronicle review. Everything had been taken . but who are now trapped in virtual slavery. said she was locked up in the Newtown County jail in East Texas after her rescue but found she had nowhere to go after her release. Davis. Yale Law School Fordham Law Review 74:297 LEXIS MISERY AND MYOPIA: UNDERSTANDING THE FAILURES OF

for those "smuggled" noncitizens who toil in virtual slavery.D. and are at high risk for removal. rather than decrease. the increased militarization of the border that has occurred over the past ten years has probably converted what might once have been a simple act of smuggling into a more abusive act of trafficking. the TVPA defines trafficking in a way that excludes many of these new victims from the Act's protections. These policies continue to cancel out many of the potential benefits of the TVPA. [*3024] This simplistic understanding of the trafficking victim creates concrete problems: Advocates for clients who are potentially classifiable as victims of trafficking may be unable to readily determine which of their clients are eligible for relief under the TVPA and which of them will be subject to deportation. Current labor and immigration policies favor deportation as the remedy for ending the exploitation of undocumented workers and interdiction as the preventative strategy. School of Law. Legislators tended to paint trafficking victims as ignorant and innocent victims. The militarization of the border has actually increased the power of smugglers. targeted by evil traffickers operating sophisticated international crime rings. Until there is a willingness to provide more assistance or at least enforce pertinent labor protections .SDI 09 SBH LAB 26 TRAFFICKING AFF EXTENSION FILE A NARROW FOCUS ON SERVICE ELIGIBILITY GUTS THE EFFECTIVENESS OF THE TVPA CHACON 06 Jennifer M. Davis. And because Congress has thus far failed to address the shortfalls of other labor protections for undocumented migrants. and has increased the likelihood that undocumented migrants will not have reliable legal means for remaining in the country. . most of the tens of thousands of "trafficking victims" who are included in the annual estimates will never actually be aided by the Act. those migrants who do not qualify as trafficking victims seldom qualify for any other meaningful remedies against their employers. Chacon*Assistant Professor. Ironically. and increased the range of their criminal activity in such a way as to increase.S.. J. then. Yale Law School Fordham Law Review 74:297 LEXIS MISERY AND MYOPIA: UNDERSTANDING THE FAILURES OF U. University of California. incidents of trafficking. EFFORTS TO STOP HUMAN TRAFFICKING Congressional debate over the TVPA also failed to acknowledge the complexities of identifying trafficking victims. n277 The line between smuggling and trafficking has blurred as heightened border security gives smugglers greater control over migrants and allows them to command larger fees. n276 Unexamined in the debate over trafficking was the fact that the rigid distinction between trafficking and smuggling grows less and less viable. n278 At the same time.

When recovery from trauma and abuse can take many years.polarisproject.S. government has not provided sufficient funding for foreign national trafficking victims in the past. citizen and foreign national victims of human trafficking in the U.SDI 09 SBH LAB 27 TRAFFICKING AFF EXTENSION FILE INCREASE INHERENCY WHILE THE GOVERNMENT HAS AUTHORIZED FUNDS FOR SOCIAL SERVICES FOR TRAFFICKED PERSONS THE FUNDS HAVE NOT BEEN APPROPRIATED POLARIS PROJECT ACTION CENTER MAY 09 In December of 2008 Congress enacted the Trafficking Victims Protection Reauthorization Act (TVPRA). . Since the TVPA passed in 2000. For example. There are also no federally-funded shelters for child victims of sex trafficking. four months of support is insufficient. the Department of Health and Human Services recently had to decrease victim services from eight to four months in many cases. citizen trafficking victims. The U.000 children at high risk for commercial sexual exploitation in the U. and to do this. Only a small handful of shelters nationwide provide the specialized services and environment needed to help victims recover.S. none of these funds can be released until Congress passes a separate bill to appropriate the needed funds. it is critical that all federal legislators informed about the critical need for these funds and are urged to support this appropriation.S. despite estimates of more than 200.S. and authorized tens of millions of dollars to fund services for U. every year. However.S. there has been no specific federal funding to support U.

HHS aims to increase the number of certified foreign national trafficking survivors to 800 per year by FY2011. work with coalitions and contractors to build capacity at the local level and provide training and technical assistance to operate the National Human Trafficking Resource Center. International Justice Mission.pdf. The Anti-Trafficking in Persons (ATIP). citizen and LPRs. organize public awareness campaigns. Federal and local law enforcement officials throughout the U. without regard to immigration status. even today with the small percentage of trafficking survivors being identified and served.S. The Secretary of HHS sits on the Interagency Task Force to Monitor and Combat Trafficking and contributes to the annual Attorney General’s Report on trafficking. have identified the lack of appropriate and available shelter for minor victims of trafficking as the single greatest obstacle to pursuing investigations and to the children’s recovery.S. Administration for Children and Families (ACH). HHS has had to decrease the service eligibility period for certified victims of trafficking from eight to four months. Free the Slaves. .SDI 09 SBH LAB 28 TRAFFICKING AFF EXTENSION FILE SUFFICIENT FUNDS FOR SERVICES HAVE NOT BEEN APPROPRIATED ACTION GROUP 08 The Action Group is comprised of: the Alliance to Stop Slavery and End Trafficking. citizens and LPRs (Lawful Permanent Residents). despite $15 million authorized beginning in 2005 under the Trafficking Victims Protection Reauthorization Act (TVPRA). depending on specific circumstances. Subcontractors that receive grants must report on the effectiveness of the activities carried out with these funds to the Secretary or Attorney non-partisan group of complementary organizations dedicated to abolishing modern-day slavery and human trafficking.S. Coalition to Abolish Slavery & Trafficking. and Vital Voices Global Partnership. The Action Group is a U. Only $9. Not For Sale Campaign.-based. Polaris Project. Solidarity Center. However. HHS is the designated agency responsible for helping victims become eligible for benefits and services. despite $15 million authorized beginning in 2000 under the Trafficking Victims Protection Act (TVPA).823 million has been appropriated for services to foreign nationals under Administration for Children and Families (ACF). The following are actionable recommendations: The next Administration should strongly recommend funding HHS to the full authorization levels for its programs addressing trafficking. which would involve $15 million for foreign national victims and $15 million for U. Victim certification is given by the Secretary of HHS. In addition. Recommendations for Fighting Human Trafficking in the United States and Abroad Transition Report for the Next Presidential Administration November 2008 http://www.madebysurvivors.S. and Office for Refugee Resettlement (ORR) offer services and case management to victims. The Secretary or Attorney General must then report twice a year on the uses of these grants to Committees on the Judiciary of the House of Representatives and the Senate. no money has been appropriated for services to U. Ricky Martin Foundation.

SDI 09 SBH LAB 29 TRAFFICKING AFF EXTENSION FILE ACCESS TO SERVICES SHOULD BE DELINKED FROM LAW ENFORCEMENT COOPERATION ACTION GROUP 08 The Action Group is comprised of: the Alliance to Stop Slavery and End Trafficking. Solidarity Center. Conditions of this sort should not be placed upon traumatized victims of trafficking who have escaped or been rescued to be eligible to receive assistance that they need to recover. Coalition to Abolish Slavery & Trafficking. . or by seeking legislative reform if necessary.pdf. Any such obstacles to eligibility by victims to obtain assistance should be reversed by Executive action.S. The next President should ensure that victims are entitled to protection services solely because they are victims of trafficking. Recommendations for Fighting Human Trafficking in the United States and Abroad Transition Report for the Next Presidential Administration November 2008 http://www. and Vital Voices Global Partnership. International Justice Mission.-based. This should be achieved to the greatest extent possible by Executive action. non-partisan group of complementary organizations dedicated to abolishing modern-day slavery and human trafficking. The current protection paradigm links victim cooperation with law enforcement to access to services. Polaris The Action Group is a U. Ricky Martin Foundation. Not For Sale Campaign. Free the Slaves. The next Administration should delink cooperation with law enforcement and eligibility for services to foreign and national victims of trafficking.

citizen victims of human trafficking. that federal officials with custody of trafficking victims place those individuals in culturally and linguistically appropriate housing options to the maximum extent possible. Additionally. Coalition to Abolish Slavery & Trafficking.S. to date there has been no funding for programs created to assist U. International Justice Mission. Increased funding for human trafficking shelters should not impact funding for domestic violence or other shelters. citizen and foreign national victims of human trafficking are created and funded.S. non-partisan group of complementary organizations dedicated to abolishing modern-day slavery and human trafficking.-based. The Administration needs to prioritize dedicating resources to establish a network of housing options across the country to serve trafficking victims. by Presidential Memorandum or other appropriate means. .com/nl/ActionGroupTransitionMemo2008.pdf. Recommendations for Fighting Human Trafficking in the United States and Abroad Transition Report for the Next Presidential Administration November 2008 http://www.madebysurvivors. the next President should direct. Likewise. and Vital Voices Global Partnership.S. While the TVPA authorizes specialized services to all victims of human trafficking. It is well documented that housing is among the most urgent and most consistently needed services for survivors of human trafficking. Not For Sale Campaign.SDI 09 SBH LAB 30 TRAFFICKING AFF EXTENSION FILE INCREASED FEDERAL SUPPORT FOR SOCIAL SERVICES NEED TO BE CREATED ACTION GROUP 08 The Action Group is comprised of: the Alliance to Stop Slavery and End Trafficking. model development. Solidarity Center. Yet. The President should ensure that authorized programs to serve U. including the large number of commercially sexually exploited children. funding for foreign nationals has not been sufficient to meet their needs. Ricky Martin Foundation. The Action Group is a U. For adults and children there are currently not enough shelter options addressing the special needs of trafficking victims. Polaris Project. Free the Slaves. this is an area that has received less attention than any other in regards to funding. and evaluation.

Under certain circumstances. or a well-founded fear of persecution. nationality. n45 This requirement unfairly disqualifies many victims who are older than eighteen and unwittingly agree to be smuggled into the United States. n42 Although immigration courts have never granted trafficking victims asylum. obtaining a Tvisa is dependent on whether a victim will cooperate with authorities to prosecute traffickers. there are no such limitations for asylum relief." or be under the age of eighteen and have performed commercial sex against her will. religion. 07 Calvin. L. § 1101(a)(42).C.J. a trafficking victim may apply for asylum relief. membership in a particular social group. . There is no such requirement under refugee law. Antitrust Division. under 8 U. Under refugee law. n43 This presents a daunting task for victims who must testify against their captors. Protecting Sex Trafficking Victims: Establishing the Persecution Element 14 Asian Am. n41 Upon determination that a trafficking victim meets the definition of a refugee. First. To qualify as a refugee. a trafficking victim must qualify as a "refugee" under the definition found in 8 U. or political opinion. Second. an applicant must prove that she is unable or unwilling to return to her country of nationality or last residence because of persecution. § 1184(o)(2). 31 LEXIS Refugee law is the vehicle by which individuals fleeing persecution may seek asylum in the United States.S. asylum relief does not require any form of assistance to law enforcement.Trial Attorney with the United States Department of Justice. Finally. an applicant must either be a victim of a "severe form of trafficking.S.SDI 09 SBH LAB 31 TRAFFICKING AFF EXTENSION FILE AT: ASSYLUM INHERENCY ASSYLUM RELIEF IS NOT AVAILABLE TO TRAFFICKED PERSONS CHEUNG .C. The San Francisco Chronicle reported that oftentimes trafficking victims are more afraid of their captors than the authorities [*36] because of the threat of reprisal. n39 The traditional definition of persecution is "the infliction of suffering or harm upon persons who differ in a way regarded as offensive. National Criminal Enforcement Section. on account of race. In order to obtain asylum relief." n40 The persecutor must also be the state itself or an entity that the state is unable or unwilling to control. the protections of asylum relief still present a more attractive option for trafficking victims than T-visas. the Secretary of Homeland Security and the Attorney General are only allowed to grant 5. in order to qualify for a T-visa. the Secretary of Homeland Security or the Attorney General may grant asylum to the applicant.000 Tvisas each year. n44 In contrast.

n128 There is also the possibility that traffickers will find escapees and return them to Thailand. it may be physically dangerous to return home because of their native country's civil strife. 29 lexis If trafficked women are found by law enforcement. A trafficked woman's husband or family may disown her upon her return if she engaged in prostitution.J. n130 Government authorities in the home country. .S. the women may be raped and killed. instead of providing protection. n125 Once deported. may penalize returning victims with arrest and detention for having illegally migrated. n131 Returning victims also may face ostracism from family and friends. n123 The women either have no documentation because their owners confiscated their passports or present fraudulent documentation provided by their owners. in the case of Burmese women. Protecting Human Victims of Trafficking: An American Framework 16 Berkeley Women's L. n127 where. if picked up by soldiers. n129 Even if women successfully manage to return to their native country. a woman's repatriation can be dangerous and difficult. n133 [*44] Some Albanian families reportedly have killed returning women because of the immense shame they bring upon the family. AND DOUBLY VICTIMIZED WHEN THEY RETURN HOME HYLAND 01 J. American University --The author is grateful to the President's Interagency Council on Women for its guidance Kelly. since they may have left to become successful and earn money for the family and have returned with nothing but shame. For example.D. n132 Families may refuse to take a woman back after she has been a prostitute because she is viewed as unfit for marriage. Thai victims in California feared returning home to Thailand after learning that their traffickers had been looking for them. trafficking victims typically are jailed and eventually deported. n126 Burmese women deported from Thailand are often left at the border. candidate. they may face retribution from organized crime groups or from their native country's law enforcement. Washington College of Law. n124 As a result of their illegal status.SDI 09 SBH LAB 32 TRAFFICKING AFF EXTENSION FILE DEPORTATION BAD TRAFFICKED PERSONS ARE KICKED OUT OF THE U. n134 The ostracism compounds the women's own sense of humiliation. most frequently they are identified as illegal immigrants.

According to Kul Gautum. China.500 victims are trafficked into the United States every year. an estimated 600. 31 LEXIS The special report centered on You Mi Kim. through a manipulative network of brokers. she lived under the fear of reprisal against her family in South Korea by criminal syndicates who were not afraid of using violence to protect the billions they generated. n7 Instead. n17 Estimates show that 80% of [*33] trafficking victims are women and girls. Mexico. including Thailand. come from Asian countries.. they will try to find you. Antitrust Division. the trafficking of women and children across the Asia-Pacific region represents "the largest slave trade in . n15 According to the United States Department of State. Korea. Kim unwittingly landed in sex brothels in Los Angeles and San Francisco. the Philippines. n10 Moreover.. Vietnam. and Malaysia.000 annually. and she was in the United States illegally. 07 Calvin. and pimps operating in South Korea.000 to 7. n18 The United States Department of Justice estimates that the majority of trafficking victims. and the United States. approximately 5. Protecting Sex Trafficking Victims: Establishing the Persecution Element 14 Asian Am. National Criminal Enforcement Section." she faced seemingly insurmountable obstacles.000 people are trafficked annually across international borders. with teenage girls as its usual victims working in sweatshops or brothels. a sex trafficking victim from South Korea who was tricked into believing that leaving her family and working in America as a waitress would lead to [*32] financial stability for herself and her family. taxi drivers. and outcall services and extorted into working off heavy "smuggling" debts. n19 .500 to 17. the Deputy Executive Director of the United Nations Children's Fund. n16 while approximately 14.000. only to be enslaved and sold to brothels.SDI 09 SBH LAB 33 TRAFFICKING AFF EXTENSION FILE TRAFFICKING HARMS HUMAN TRAFFICKING IS THE LARGEST SLAVE TRADE IN HISTORY CHEUNG .J." n13 Southeast Asia has the worst known record of human trafficking in the world.000 to 800. L. n14 Collecting accurate data on the numbers of trafficking victims smuggled globally and into the United States is problematic due to the clandestine nature of human trafficking and victims' fear in reporting victimization. n9 Her trafficking debt was $ 12.Trial Attorney with the United States Department of Justice. strip clubs. she had no money to return to Korea. n11 Another prostitute once warned Kim that "if you go back. history." n12 Kim's circumstances typify the plight of thousands of Asian women and children who are trafficked into the United States each year by promises of lucrative jobs as models or hostesses. n8 When Kim wanted to escape her "owners.

has spread its tentacles globally and has become literally omnipresent. it poses a global health risk. 80 percent of victims are female. PhD on Child Labour in India.000 people trafficked across international borders annually. the country will at least act as a transit route for the journey of the victims. U. i. The empirical studies have revealed shocking statistics.html. If not a source country of victims or a destination country for used and exploited.S. No country today can claim to be untouched.000 people . It is successful because it targets the most vulnerable and marginalized groups that are already struggling to survive on the lowest rungs of the socioeconomic hierarchy.e. Louis Cardozo Journal of Law & Gender 12:909 LEXIS Human trafficking. Human trafficking. It views humans as commodities to be bought and sold. the objectification of human life into a commodity for the market.S.usmission.000 to 800. of the estimated 800. Former Consultant in the Anti-Trafficking Section of UNICEF India. According to the U. . This figure does not account for the many millions more trafficked within our own countries. is brutal in its concept as well as implementation. Hundreds of thousands of these women and children are used in prostitution each year. a journey that is driven by hope and hunger. and it fuels the growth of organized crime. and up to 50 percent are children. Ambassador http://vienna. government.SDI 09 SBH LAB 34 TRAFFICKING AFF EXTENSION FILE DEHUMANIZATION INDEPENDENTLY TRAFFICKING CONVERTS LIFE INTO AN OBJECTIFIED COMMODITY WHOSE VALUE CAN BE CALCULATED AND TRADED RAY 06 NILANJANA. especially of women and children. thereby spurring social breakdown and undermining the rule of law. Human trafficking is a dehumanizing crime that turns people into slaves and sexual commodities. TRAFFICKING ITSELF IS DEHUMANIZATION LAGON 08 Mark.trafficked across international borders for sexual and labour exploitation. currently the Katherine Kendall Scholar of the Doctoral Programme in Social Work at Washington University in St. Human trafficking is a multi-dimensional threat. and then discarded. It robs people of their basic rights and fundamental freedoms. Such is the journey each year for 600.80% of whom are women and up to 50% of whom are minors .

. Fletcher. Int'l L.SDI 09 SBH LAB 35 TRAFFICKING AFF EXTENSION FILE IN ADDITION THE PRESENT POLICY PARTICIPATES IN A LOGIC OF COMMODIFICATION BY SAYING THAT LIVES ARE ONLY WORTH SAVING IF SURVIVORS AGREE TO PARTICIPATE IN PROSECUTIONS BALES. School of Law (Boalt Hall). President. The Trafficking Act embodies an aggressive. 47 LEXIS The U. The act conditions immigration relief and social services on prosecutorial cooperation and thus creates the perception that survivors are primarily instruments of law enforcement rather than individuals who are. Berkeley Journal of International Law 23 Berkeley J. . Despite these considerable advancements. includes provisions to monitor and eliminate trafficking in countries outside the United States. involuntary servitude. . government has been a leader in recognizing and combating forced labor worldwide. University of California. FLETCHER AND STOVER 05 Kevin Bales. Acting Clinical Professor of Law and Director of the International Human Rights Law Clinic. deserving of protection and restoration of their human rights. Director of the Human Rights Center and Adjunct Professor of Public Health. including authorization to remain in the country. proactive approach to the problem of human trafficking and forced labor that: criminalizes procuring and subjecting another human being to peonage. provides funding to support protection programs for survivors in the United States as well as abroad. and . Laurel E. provides social services and legal benefits to survivors of these crimes. Free the Slaves. the Trafficking Act has some notable shortcomings. or forced labor. Eric Stover.S. Berkeley. in and of themselves. involuntary sex trafficking. slavery.

the Nazi biological myth of Aryan racial superiority).g. By relegating these social definitions to the realm of nature they are removed from the realm of choice and ethical reflection. and whites to blacks. Ebooks] Although every culture is inherently utopian in its potentiality. Historically the process of dehumanization has typically begun by redefining the other as. Professor of Religious Studies in the University of South Florida 1993 [Darrell J. to imprison the alien in his or her enforced subhuman identity (an identity that attempts to deny the victim the possibility of self-transcendence) the victor must imprison himself or herself in this same world as it has been defined and deny his or her own self-transcendence as well. Chapter 4 "The Ethical Challenge of Auschwitz and Hiroshima to Technological Utopianism". The result is. Those who are the objects of such definitions find themselves robbed of their humanity.. Hence those in the superior categories need feel no responsibility toward those in the inferior categories. That is. by nature.. less than human. . a world-view that promises change while actually reinforcing the status quo) that tends to define human identity in terms advantageous to some and at the expense of others. not even human life. as Rubenstein reminds us. and European Americans did to the Native Americans. which dehumanize not only the victims but also the victors. namely. whether religious or secular-scientific (e. which seeks to rob them of their utopian capacity for theonomous selftranscending self-definition. Part II of The ethical challenge of Auschwitz and Hiroshima: Apocalypse or Utopia?. especially the modern state bureaucracy organized around the use of the most efficient techniques to control every area of human activity.SDI 09 SBH LAB 36 TRAFFICKING AFF EXTENSION FILE INSTRUMENTALIZED DEHUMANIZATION OF THE VALUE OF THE INDIVIDUAL DESTROYS THE VALUE TO LIFE AND LEADS TO GENOCIDE Fasching. the society of total domination in which virtually nothing is sacred. The cosmicization of social identities is inevitably legitimated by sacred narratives. the internal social dynamic through which its symbolic world-view is maintained as a sacred order has a tendency to transform it into a closed ideological universe (in Karl Mannheim's sense of the ideological. men have done to women. It is simply a matter of recognizing reality. part 4 "The Challenge of Auschwitz and Hiroshima: From Sacred Morality to Alienation and Ethics". For to create such a demonic social order the victors must deny not only the humanity of the other who is treated as totally alien but also their own humanity as well. The bureaucratic process that appears historically with the advent of urbanization increases the demonic potential of this process. So the Nazis did to the Jews. They are defined by and confined to the present horizon of culture and their place in it.

lies a dehumanized image of man. beneath the menticide of deviants and dissidents. When we calculate the actual losses and the virtual benefits. They warn: "its destructive toll is already greater than that of any war. Dehumanization is nuclear war.and its potential danger to the quality of life and the fabric of civilized society is beyond calculation.... University of South Carolina.) Assuming we are able to predict who or what are optimized humans. plague. never be able to escape their treatment as means to an always further and distant end.htm. they become dispensable. Professor.. it is safe to conclude the foundations of humanness offer great opportunities which would be Behind the genocide of the holocaust lay a dehumanized thought. in the cuckoo's next of America.. While it may never be possible to quantify the impact dehumanizing ethics may have had on humanity. they seem to be inevitable for every epoch has evil and dehumanization is evil's most powerful weapon. THE LOGIC THAT ACCEPTS THE DEHUMANIZATION OF INDIVIDUALS MAKES EXTERMINATION AND EXTINCTION INEVITABLE Berube.” 1997. or natural calamity on record -. we approach a nearly inestimable value greater than any tools which we can currently use to measure it. p.. This would involve valuing people as means. (Montagu & Matson. any and every atrocity can be justified. Moreover. When people become things. 1983. there would always be a superhuman more super than the current ones. this entire resultant worldview smacks of eugenics and Nazi racial science. “Nanotechnological Prolongevity: The Down Side. xi-xii). and international genocide. famine. When people are dispensable. For that reason this sickness of the soul might well be called the Fifth Horseman of the Apocalypse. David. This means-ends dispute is at the core of . humans would Montagu and Matson's treatise on the dehumanization of English. http://www. (Berube. 1997. Once justified.SDI 09 SBH LAB 37 TRAFFICKING AFF EXTENSION FILE DEHUMANIZATION IS THE TRUE ZERO POINT OF THE HOLOCAUST.cas. environmental apocalypse.

trafficking in persons involves the movement of live human beings who are exploited continuously after their delivery. . Professor in the Department of Justice. Victims are often subdued because of encouraged or enforced substance abuse. human trafficking provides ongoing revenues for transnational organized crime. There have also been documented links to terrorism. But like any other multinational According to the UN. It generates an estimated US$9. If RAND Vice President Bruce Hoffman is right in his aperçu that the Qaeda organization operates like any other multinational corporation. requires the perpetuation of An important distinction characterizes these forms of organized crime.pdf. CUTTING REVENUES IS KEY TO PREVENTING AL QAEDA ATTACKS VITTORI 05 Jodi M. In contrast. One of the ways to thwart terrorist attacks. Millionaire Osama bin Laden might not seem to face problems of revenues and cash flows in financing al Qaeda terrorism. such as the profits from trafficking and prostitution being used to support terrorist groups like al-Qaeda. INTERNATIONALE POLITIK JOURNAL OF THE GERMAN COUNCIL ON FOREIGN RELATIONS http://www. The next most significant transnational organized crimes are trafficking in persons and in arms.onlineopinion. then one way to thwart “terrorist CEO” Osama bin Laden must be to cut his revenues and cash flows. The profits from the illegal sale and purchase of human beings are often used to fuel several other kinds of criminal activities.5 billion in annual revenue according to US intelligence. is to curb the money laundering and other sources of illicit funds that make bombings possible. whereas the arms trade. HUMAN TRAFFICKING REVENUES ARE VITAL TO ORGANIZED CRIME BECAUSE THEY ARE SUSTAINABLE SHELLEY 03 Louise. Former Senior Official in State Department and analyst for Center for Independent Studies http://www. human trafficking is the third largest criminal enterprise in the world. Law. It’s a 21st-century variant of the taming of Al Capone by nailing him for tax violations. then. if it is to be sustained.SDI 09 SBH LAB 38 TRAFFICKING AFF EXTENSION FILE TRANSNATIONAL CRIME LINKS TRAFFICKING FUNDS AL QAEDA PALMERLEE 04 April.ip-global. Arms deliveries involve the transfer of inanimate goods that are used to commit other crimes or to arm regional conflicts.gmu. tying them to the drug trade. al Qaeda has to manage money efficiently in its worldwide operations. and Society and the School of International Service at American University http://policy-traccc. Another aspect of trafficking is how this lucrative business ties in to organised crime.asp?article=2727.

The ability to generate and move finances. UN Secretary General Uniting against terrorism: Recommendations for a global counter-terrorism strategy: http://www. Drug lords than turn around and give the money to support terrorist activities. Several terrorist groups have professed a determination to obtain weapons of mass destruction and some have even used them. 2001. particularly through use of the Internet. What can the United States’ with the help of the United Nations do about countries actively involved in human trafficking? . chemical or radiological weapons.un. to get hold of a weapon. Denying them access to these means and targets can help to prevent future attacks.both in numbers killed and in media exposure. UN Secretary General Uniting against terrorism: Recommendations for a global counter-terrorism strategy: http://www. It is also a fact that money made from human trafficking finds its way into the hands of drug lords. he will next turn to what practical means he can use . This could not have been made more evident to the United States than on September 11. Human trafficking like prostitution has been around for many years. While most terrorist attacks so far have used conventional weapons.un.S. to acquire weapons.htm. no one can disregard the enormously destructive potential of terrorists using nuclear.SDI 09 SBH LAB 39 TRAFFICKING AFF EXTENSION FILE CUTTING REVENUE FLOWS TO TERRORIST GROUPS PREVENTS FUTURE ATTACKS ANAN 06 Kofi. Once a terrorist has money with which to plan an atrocity. TRAFFICKING FUNDS ARE PASSED ON TO TERRORISTS KEEFER 06 Sandra. Army War College HUMAN TRAFFICKING AND THE IMPACT ON NATIONAL SECURITY FOR THEUNITED STATES http://stinet. Denying them access to these materials must be a serious part of the international effort. are all essential to terrorists. They seek easy access to their intended targets and increasingly look for greater impact . It is a fact that more money than one can imagine has been made selling humans to the highest bidder.htm. Colonel U. Terrorists require means to carry out their to recruit and train cadres. fortunately without catastrophic impact.dtic.pdf. and to communicate. MONEY IS KEY TO TERRORIST ACQUISITION OF WEAPONS OF MASS DESTRUCTION ANAN 06

It helps fund the expansion of other organized crime activities as traffickers are often also engaged in trafficking arms and drugs. n77 Unlike drugs.J. This may equate to more drugs. crime and terrorism in our communities. and it is the fastest-growing. n78 TRAFFICKING INCREASES ORGANIZED CRIME AND TERRORISM AMERICAN PUBLIC HEALTH ASSOCIATION HEALTH CARE AND HUMAN TRAFFICKING http://www. Testimony before the Commission on Security and Cooperation in Europe (the Helsinki Commission).org/membergroups/newsletters/sectionnewsletters/comm/spring08/Human+Trafficking. Protecting Human Victims of Trafficking: An American Framework 16 Berkeley Women's L.5 Many of the world’s major sex traffickers may be connected to organized crime groups.SDI 09 SBH LAB 40 TRAFFICKING AFF EXTENSION FILE TRAFFICKING IS A HUGE SOURCE OF REVENUE FOR ORGANIZED CRIME HYLAND 01 J. human trafficking is tied with the illegal arms industry as the second largest criminal industry in the world today. human trafficking is tied with the illegal arms industry as the second largest criminal industry in the world today. 1999 http://policy-traccc. candidate." TRAFFICKING IS USED TO FUND OTHER ORGANIZED CRIME ACTIVITIES AND TERRORISM AMERICAN PUBLIC HEALTH ASSOCIATION 08 http://www.Dr. n73 Overall. who may use the profits to fund other criminal activities. Shelley.D. American University --The author is grateful to the President's Interagency Council on Women for its guidance Kelly. Louise I. the Vienna-based International Centre for Migration Policy Development estimates that profits from trafficking in persons were as much as $ 7 billion in 1995. Trafficking in women has become organized crime's third [*38] most profitable trafficking industry behind drugs and guns. and it is the fastest-growing. humans may be sold repeatedly and continue to work and earn money for their owners. The quick and continuous profits made from trafficking also permit the criminal organizations to expand into other areas of illicit activity. TRAFFICKING FUNDS THE EXPANSION OF OTHER CRIMINAL ACTIVITIES SHELLEY 99 . June 28. After drug dealing. .htm After drug dealing. n75 A Mexican crime family trafficking hearing-impaired Mexicans for peddling profited by $ 8 million over four and one half years. n76 Trafficking is particularly lucrative because traffickers receive steady profits from forced labor and sexual exploitation over a long period of time.5 million in fifteen in contrast to smugglers who receive only one payment for transporting a person.gmu. 29 lexis Traffickers in women are motivated by the immense profitability of the crime. This may equate to more drugs.apha.5 Many of the world’s major sex traffickers may be connected to organized crime who may use the profits to fund other criminal activities.apha. Washington College of Law. "Trafficking (of humans) helps perpetuate systemic government corruption. n74 Traffickers of Thai women to New York brothels grossed approximately $ 1. crime and terrorism in our communities.

The women often end up with nothing. TRAFFICKING POURS BILLIONS OF DOLLARS INTO ORGANIZED CRIME FUNDING OTHER ACTIVITIES AND TERRORISM RODGERS 09 Andrea. Human Trafficking is happening everywhere in the world.C.Shelley “trafficking helps perpetuate systemic government corruption.S. The quick and continuous profits made from trafficking also permit the criminal organizations to expand into other areas of illicit activity”. emotional well being and standing in the community. which is more than the number of slaves in all 400 years of the Trans-Atlantic slave trade combined. The money made by the criminal networks does not stay in poor communities or countries. but is laundered through bank accounts of criminal bosses in financial centers. In the D. Trafficking networks may recruit and transport women legally or illegally for slavery-like work. it is a $100 Million business each year. and exploitative domestic servitude.doc. or any money they earn comes at great cost to their health. · Each year over 2 Million women and children are sold into slavery. The money from this illicit industry fuels organized crime and terrorist networks worldwide . second only to the Drug such US. Metropolitan area specifically.gmu. As mention Dr.SDI 09 SBH LAB 41 TRAFFICKING AFF EXTENSION FILE FUNDS FROM TRAFFICKING LEAD TO OTHER ORGANIZED CRIME ACTIVITIES HUGHES 2000 Donna and in our own country. Human Trafficking is a $32 Billion industry for organized crime. · · · · · One victim is trafficked across international borders every minute. http://askmissa. including forced prostitution. Hughes University of Rhode Island The "Natasha" Trade The Transnational Shadow Market of Trafficking in Women http://policy-traccc. · Human Trafficking is more lucrative than the illegal arms trade.000 annually. · Human Trafficking is the fastest growing criminal industry in the world. Trafficking in women as a shadow economy does not bring financial prosperity to local communities. There are more slaves in the world today than in any time in history! · There are 27 Million slaves today. over 300. It helps fund the expansion of other organized crime activities as traffickers are often also engaged in trafficking arms and drugs. sweatshop labor. 01 As organize crime trafficking in women for the purpose of sexual exploitation is an increasing type of international criminal group generating high profits with low risk for traffickers5. Western European countries or in off-shore accounts. Here are some facts people are obviously unaware of: · · Human Trafficking is Modern Day Slavery. and within the U.

Since that time. We must also acknowledge and lead the world in addressing the underlying causes of human trafficking – in particular the economic forces that make children. Congress passed and President Clinton signed into law the Trafficking Victims Protection Act (TVPA). Solidarity Center. and Vital Voices Global Partnership. . protection and prosecution. urgently demands a renewal of American leadership. policy leadership has achieved several key goals. protection of trafficking victims and prosecution of perpetrators.S.S.S. The Action Group is a U. The Clinton Administration’s policies established a foundation for combating human trafficking based on the “Three P’s”: prevention. Coalition to Abolish Slavery & Trafficking. and over $300 million in funding of anti-trafficking programs since 2001. Government’s global efforts to address the trafficking in human beings on Women’s Day in March 1998.S. women and men vulnerable to exploitation and human trafficking. unemployment. Not For Sale Campaign. and the forces that push and pull workers to migrate must be analyzed in terms of their impact on the vulnerability of populations to trafficking. In 2000. The next President needs to understand the complex nature of these challenges and the critical importance of all three elements of the framework for combating human trafficking: prevention. International Justice Mission.serious challenges remain if the U. the United States must reassert its role as a champion of human rights and commit anew to the abolishment of modern-day slavery.S.and to properly address this heinous and dynamic crime.raised global awareness.-based. leadership in fighting human trafficking and modern-day slavery has garnered international attention and respect as one of our most effective and positive international policy initiatives. GLOBAL LEADERSHIP ACTION GROUP 08 The Action Group is comprised of: the Alliance to Stop Slavery and End Trafficking. when he issued a Presidential Directive containing the original framework for Executive Branch action.madebysurvivors.pdf. seriously address transnational crime. This global scourge offers the incoming Administration a compelling opportunity to exercise leadership on human rights. both at home and abroad. President Bush and his administration have supported and significantly expanded America’s commitment to end human trafficking. President Clinton formally launched the U. non-partisan group of complementary organizations dedicated to abolishing modern-day slavery and human trafficking.the women. have earned the grudging respect of even the harshest critics of human rights policies.SDI 09 SBH LAB 42 TRAFFICKING AFF EXTENSION FILE HUMAN RIGHTS LEADERSHIP LINK EXTENSIONS ACTING ON HUMAN TRAFFICKING WILL RESTORE U. the United States has become a world leader in combating human trafficking. As a nation. created a governmental structure and begun to advance understanding of the problem and effective responses . including the first funding authorizations. Recommendations for Fighting Human Trafficking in the United States and Abroad Transition Report for the Next Presidential Administration November 2008 http://www. based upon this strategic and operational framework. enhance America’s image abroad. Free the Slaves.S. including the annual Department of State’s Trafficking in Persons’ Report. is to effectively tackle human trafficking both domestically and abroad. Polaris Project. steady diplomatic engagement. and advance progress on a range of issues from poverty alleviation and HIV/AIDS to corruption and violence against women. Although U. The U. we must expand this legacy of engagement by improving our existing governance structures. a form of modern-day slavery. Poverty. The devastating toll of human trafficking. Ricky Martin Foundation. U.S. Government’s efforts. To properly protect the victims of human trafficking . For more than a decade. men and children who in search of a better life find themselves entrapped as slaves .S.

legal counsel. allowing survivors to access vital services and evaluate their options with the advice of qualified legal and human services personnel in order to make fully informed decisions about their . Providing services.pdf.georgetown.S. and protection independent of a survivor’s decision to participate in law enforcement efforts would further strengthen the credibility of the human rights approach. The institution of a reflection period. along the lines of that mandated in Europe. is appropriate. CREDIBILITY SHINKLE 07 Whitney Shinkle is a Research Associate at the Institute for the Study of International Migration at the Walsh School of Foreign Service at Georgetown University PROTECTING TRAFFICKING VICTIMS: INADEQUATE MEASURES? http://isim. The US framework could be most strengthened by instruments designed to enhance the human rights approach to victims.SDI 09 SBH LAB 43 TRAFFICKING AFF EXTENSION FILE REMOVING CONDITIONS FROM THE AVAILABILITY OF SOCIAL SERVICES WOULD ENHANCE U.

Cairo. LAW: THE STATUS QUO. thereby providing a point of insertion for international influence into domestic decision-making. Today. with backing from Beijing and Moscow.economic or otherwise. Lexis human rights abuses causally correlate with regional instability and frustrate development . http://www. 419." said Kenneth Roth. HUMAN RIGHTS TREATIES IN For the first time in nearly a decade. but these ‘spoilers' are pushing in the wrong direction. the US has a chance to regain its global credibility by turning the page on the abusive policies of the Bush administration.World Report: Obama Should Emphasize Human Rights Stop Abusive States From Playing System to Avert Criticism. executive director of Human Rights Watch.S. JANUARY 14. AND PATHWAYS FOR CHANGE. and Islamabad. the "collective action problem' of human rights protection can be addressed. Countries willing to tolerate minor reductions in their ability to abuse their own citizens may achieve an enhanced ability to accomplish other ends. insofar as Human Rights Good – Now Key Now is key to invigorate global human rights Human Rights Watch 9 1/14. ITS UNDERLYING BASES. "And not a moment too late. the most energetic diplomacy on human rights comes from such places as Algiers. By incorporating external inputs into domestic law. 144 So too with human rights protections.hrw.SDI 09 SBH LAB 44 TRAFFICKING AFF EXTENSION FILE Human Rights Good – Stability Human rights are key to long-lasting stability Kuhner 3 Timothy. 2009. Comp." . 13 Duke J. & Int'l L.

In the 20th century.obviously. but elsewhere. . if they are so daunting. racial and religious minorities living within their borders. which is where we are today. The international community clearly has not developed an adequate response to these problems. Chairman. which I think has transformed in many ways the political shape of the globe. By contrast. These. to incorporate human rights and democracy into the mainstream of our foreign policy-making. in the Sudan. ln I would like to start my testimony. We know from historical experience that democracies are more likely than other forms of government to respect human rights. the number of people killed by their own governments under authoritarian regimes is four times the number killed in all this century's wars combined. then. Federal News Service. of course. Alongside a worldwide movement for human rights and democratization. and to provide the the costs to the world of repression and authoritarianism are painfully clear. to go to war with great reluctance. you have an extended statement. has this administration made protecting human rights and promoting democracy a major part of our foreign policy agenda? I think the answer lies not only in our yet is itself a source of very deep human rights questions. unaccountable governments are heedless of environmental destruction. Mr. to observe international law and honor agreements. too. Why. to settle conflict peacefully. The principle of self-determination is being pursued and Around the world we are witnessing ugly and violent racial. most vividly. are the reasons why promoting democracy and human rights are at the forefront of our foreign policy agenda. Assistant Secretary of State for HR.I'd like to start by offering some brief observations about what it means to advocate human rights and democracy in the post-Cold.SDI 09 SBH LAB 45 TRAFFICKING AFF EXTENSION FILE Human Rights Good – Outweighs War Human rights outweighs war Shattuck 94 John. Mr. American values but in also the strategic benefits to the United States. to respect the rights of ethnic. we see stirrings of deep cultural and ethnic tensions. right now in Rwanda. Central Asia.War world. we aim. Chairman. social and political basis for free market economics. which I will summarize -. Mr. and rarely against other democracies. Africa. These are not academic questions. away from the cameras. We are confronted by extraordinary changes all around us that are at once profoundly inspiring and deeply disturbing. and the agenda for repression goes on in a very negative way. Chairman. Repression pushes refugees across borders and triggers wars. What are our strategic objectives? In a word. perhaps. perhaps not yet successfully. and I do apologize for the fact that it arrived perhaps later than it should have -. ethnic and religious conflict in Bosnia. then.

The days are past when one would look to Washington. but their real aim is to curb criticism of their own human rights abuses or those of their allies and friends. It often sought to avoid the political fallout of doing nothing by hiding behind a cumbersome EU decision-making process that favors inaction. whether in the displaced persons camps of Darfur. with backing from Beijing and Moscow. Introduction by Kenneth Roth. The force of China's authoritarian example and the oil-fueled muscle of Russia have rights ideal. has done so admirably. the tribal areas of Pakistan. "disappearance. democracy and the war on terror Roth 9 Kenneth. The problem is that they are pushing in the wrong direction. and in the policy debates that shape multilateral diplomacy toward Burma. the governments with the clearest vision and strategy are often those that seek to undermine enforcement. Moreover. it is a sad fact that when it comes to this international protection of rights. They hide behind the principles of sovereignty. And they have deeply compromised the new UN Human Rights Council. Reversing that ugly record must be a first priority for the new administration of Barack Obama if the US government is to assume a credible leadership role on human rights. Against that backdrop. Succumbing to competing interests and credibility problems of their own making. discussions of human rights. Human Rights Watch World Report 2009. As we commemorate the sixtieth anniversary of the Universal Declaration of Human Rights. For example. the vigor of the anti-human rights campaign A government's respect for human rights must be measured not only by how it treats its own people but also by how it protects rights in its relations with the response of governments to the plight of people abroad is often anemic. It is not as if the people of the world are suddenly enamored of dictatorship and repression. its frequent reluctance to stand up to the Bush administration in protest against abusive counterterrorism policies opened the EU to charges of double standards that poisoned the global debate on human rights and made it easier for spoilers to prevail.SDI 09 SBH LAB 46 TRAFFICKING AFF EXTENSION FILE Human Rights Good – Laundry List US human rights leadership is key to soft power. . and other trouble spots. Rather. such as after the Russia-Georgia conflict. or the Democratic Republic of Congo. to places like Burma. these the international human rights agenda is influential. Brussels. or Islamabad. Sri Lanka. Nevertheless. These human rights opponents defend the prerogative of governments to do what they want to their people. The spoilers would hardly bother if the stigma of being labeled a human rights violator did not carry such sting. ironically. The moral standing of a country like South Africa by virtue of its own dark past means that its challenge to governments that care about human rights worldwide retain enough clout to build a broad coalition to fight repression-if they are willing to use it. Their desire for basic rights remains unchanged. Washington's frequent abdication has often forced the European Union to act on its own. But the EU did a poor job of projecting its influence more broadly. The activities of these "spoilers" have come to dominate intergovernmental other countries." or Washington's periodic efforts to discuss rights have been undercut by justifiable accusations of hypocrisy. Somalia. Sometimes it detention without trial. Indeed. Darfur.300 troops as part of a UN civilian protection mission. For the United States. Instead. a testament to the power of the human Shifts in global power have emboldened spoiler governments in international forums to challenge human rights as a "Western" or "imperialist" imposition. Today. and Southern solidarity. or in eastern Chad. The reason for their success lies less in the attractiveness of their vision than in the often weak and inconsistent commitment of governments that traditionally stood for the defense of human rights. or other Western capitals for the initiative in intergovernmental discussions of human rights. Cairo. made it easier to reject human rights principles. they have let themselves be outmaneuvered and sidelined in UN venues such as the Security Council and the Human Rights Council.hrw. governments have largely abandoned the field. http://www. Iran. Executive Director of human rights watch. that withdrawal is the logical consequence of the Bush administration's decision to combat terrorism without regard to the basic rights not to be subjected to torture. they have ended United Nations scrutiny of severe repression in Uzbekistan. They have mounted intense challenges to criticism of the Burmese military and possible prosecution of Sudanese President Omar al-Bashir. when its deployment of monitors eased tensions and helped protect civilians. or the prisons of Egypt. and the Democratic Republic of Congo. those conducting the most energetic diplomacy on human rights are likely to reside in such places as Algiers. where it sent 3. Zimbabwe. non-interference.

the United States recovered from a previous decline in soft power after the Vietnam War. First. Decline in HR leadership can be reversed Kurlantzick 6 Joshua. It remains the world’s most powerful economic actor. As Nye himself notes. or refugee protection in the rush to develop a common asylum policy. Still. because it will set a positive example. And the United States still clearly possesses a soft power lead over its nearest rivals. Visiting scholar at the Carnegie Endowment [http://www. When these governments face criticism for violating human rights.carnegieendowment. they should ensure their own scrupulous respect for human rights-because international law obliges them to do so.SDI 09 SBH LAB 47 TRAFFICKING AFF EXTENSION FILE Human Rights Good – AT: Terminally Defeated Obam can change the course of global human rights leadership Roth 9 Kenneth Roth. Other recent examples suggest the same—in the wake of a concerted American response to the December 2004 Asian tsunami. If the European Union can generate the political will and surmount its self-imposed procedural paralysis. They should also abandon efforts to undermine human rights standards. the administration must realize that it is doing long-term damage to American soft power. exec. Introduction by Kenneth Roth. the image of the United States in Indonesia this year has Governments that purport to promote human rights should abide by certain basic rules to be effective.pdf The game is not lost. Human Rights Watch World Report 2009. http://www. and it retains hard power credentials that will augment its soft power for years to come. The new Obama administration in Washington offers the hope of a US government that can assume a place of leadership in promoting human rights. and because compliance will help silence charges of That the initiative on human rights has been captured by governments that do not wish international protection well should generate not despair but resolve. it will be in a position to help build a genuine global coalition for human rights that can seize the initiative from the spoilers. . they should accept it as legitimate discourse rather than an affront to be reflexively rejected. Director of human rights watch. such as the prohibition of torture in the context of fighting terrorism. complemented by solid public diplomacy. and that it can reverse its losses.

credibility on human rights.S. Hilde outlines several post-Guantánamo detainee policy proposals – and their difficulties – that address these distinctive sets of issues. public-moral and pragmatic accountability refer to the need to address the norms on which international a public discourse is needed that confronts the stories of those who have suffered human rights violations and the empathetic aspect of human rights.S. restoring credibility through a reformed detainee policy is only one component of post-Guantánamo credibility. http://www.S. criminal court trials.S. former President Bush suspended the law for those detained as possible terrorists.boell. such as military commission trials. Whereas legal accountability requires the formal investigations of human rights violations. but might face torture in their country of origin? How to cope with evidence that is derived from torture? Thomas C.SDI 09 SBH LAB 48 TRAFFICKING AFF EXTENSION FILE Human Rights Good – AT: Guantanamo Solves Closing Guantanamo was just the first step – more comprehensive action is needed Hilde 9 Thomas C.. Proffesor of Public Policy @ Maryland. the second indispensable element is continued preventive detention. but that has violated precisely those rights by practicing torture in Guantánamo and other prisons around the world? The image of the United States as a role model of liberal democracy has suffered tremendously over the last eight years. credibility and a strengthening of human rights culture. society is based. University of Maryland. Even though President Obama’s promise to close Guantánamo is recognized by the international community as a first step towards restoring U. several problems require comprehensive policy solutions: How to proceed with detainees that are considered to be dangerous? What to do with detainees who are cleared of suspicion. . a national security court or U. Moreover. however. In the name of the global war on terror.pdf How to restore the credibility of a country whose foundations and self-understanding are based on the universality of freedom and human rights. Hilde discusses the functions of different forms of accountability in the process of reestablishing U. Prof. credibility. In the long run. A more comprehensive form of accountability can serve as both a means towards regaining U.

http://www. governmental willingness to deal with regional and international instabilities. As we move toward the twentyfirst century. and it is the country most capable of setting up various measures to direct international efforts toward a constructive goal. In the April version of this survey. The other fearsome foreign policy puzzle – what to do to support Pakistan's battle against Taliban militants in the Swat Valley – also does not lend itself to traditional military remedies. There was the idyllic-in-hindsight 1990s when America was unchallenged except financially. damage control measures in response to humanitarian crises. the whack-a-mole America Unchained excesses of the Bush administration. Beyond Charity: International Cooperation And The Global Refugee Crisis A Twentieth Century Fund Book. Moreover. must make every effort to provide the financing. August 1996. Therefore. these three countries – two with nuclear weapons and the third somewhere on the road to a bomb – are as opaque as Saddam Hussein's Iraq. is critical to America's prospects-particularly if the United States wants to play an effective role internationally. Now American humanitarian involvement galvanizes allied America's domestic political battles over foreign policy have all been fought along the grid of fight versus negotiate. such as ethnic conflicts and mass refugee movements. American leadership is vital in galvanizing collective efforts to resolve many of the complex humanitarian problems of the post-Cold War era. And even though Pakistan is a (very weak) democracy. 75 percent of Republicans but only 43 percent of Democrats believed in "peace through military strength. the policy is only made possible by the cooperation of the Chinese in the Security Council. Queen Elizabeth House.SDI 09 SBH LAB 49 TRAFFICKING AFF EXTENSION FILE Human Rights Good – AT: Hard Power Solves Hard power no longer ensures global co-operation on key issues Shapiro 9 Walter. The horrors of 9/11 quickly morphed into with Obama. America's superpower status does not do much to safeguard stability in some of the most volatile spots on the globe. But maybe. University of Oxford. Gil. military and financial tools. Loescher expert on international refugee policy. And. Each of these three countries (Iran. without active American involvement. Sorting out the connection between North Korea's nuclear tests and the succession crisis brought on Kim Jong-Il's apparent stroke and failing health defies any foreign policy expert with an ounce of humility. 107 United States is still the only nation whose leadership most other nations are willing to follow. there have been three phases of American foreign policy since the Berlin Wall was broken into souvenir chunks of concrete. North Korea and Pakistan) is as much of a riddle wrapped up in an enigma as the Soviet Union ever was. along with other donor countries. the United States. when the problems confronting the nation (and the world) require new diplomatic. After the Iraqi debacle over the mythical weapons of mass destruction. There is no guarantee that this new phase will be any easier – or America will be any more successful in promoting peace and democracy. the subterranean ties between the Pakistani security services and the Taliban make it difficult to figure out the game of shadows in the frontier provinces. it is time to retire the old tired arguments about who is the toughest sheriff in the world. we are entering an era of leverage. just maybe. while the American Navy may play a major role in challenging North Korean shipping. strong versus weak. pg. A true-false question pollsters Beginning with the Cold War." But military strength has absolutely nothing to do with the fate of the limited democracy granted to Iranians. commodities." Over the last 20 years. While addressing American domestic needs is important. To put it loosely. ask to gauge national security attitudes is: "The best way to ensure peace is through military strength. tear down that wall versus nuclear freeze.politicsdaily. according to polls conducted by the Pew Research Center for the People & the Press. and other resources that alone can enable the UN to meet the expectations invested in it. the international community will be limited to reactive. the public has been consistently more hawkish ("True") than dovish ("False") on this question. journalist and former press secretary and speech writer for President Carter Jun 17. Professor at the Refugee Studies Centre. . The Politburo was an open book compared to deciphering the decision making of Ayatollah Ali Khamenei and Iran's other religious leaders. there should be a cautionary are-you-sure hesitation before America again acts on "slam dunk" intelligence. But in many ways. With limited military options and a black hole when it comes to intelligence.


org/unodc/en/frontpage/preventing-organized-crime-from-spoiling-peace. "Peacekeepers. "Blue helmets get most of the attention when people think about building peace and security".SDI 09 SBH LAB 51 TRAFFICKING AFF EXTENSION FILE TRANSNATIONAL CRIME IMPACTS A TERRORIST USE OF WMD WOULD COLLAPSE THE GLOBAL ECONOMY ANAN 06 Kofi. "UNODC is well-positioned to play a key role in this area since we are the guardian of the UN Convention against Transnational Organized Crime and the developer of a number of key tools to strengthen criminal justice in post-conflict settings". peacemakers.un. Chief of UNODC's Integrated Programming Unit. organized crime makes all of their wars inevitable – pre-requisite for stability* UNODC 9 February. Commission on Narcotic Drugs. "we need more specialists to fight organized crime. "The establishment of the UN Peacebuilding Commission.htm. Since they profit from instability they have few incentives for peace. the US Institute for Peace.000 police. UN Secretary General Uniting against terrorism: Recommendations for a global counter-terrorism strategy: http://www. and that is what this Model Code is for". How can we answer the calls for help when we have few people to send?" UNODC is taking steps to rectify this problem. Preventing organized crime from spoiling peace. and greater attention to the political economy of conflict all demonstrate the need for expertise in dealing with organized crime in fragile situations". there are more than an ever-expanding number of peacekeeping operations that include a rule of law component. In addition to causing widespread death and destruction. or the trafficking of weapons and people.unodc. Organized crime is therefore a major threat to keeping and building peace. said Mr. says UNODC Director of Operations Francis Maertens. biological. . Costa at the launch.Model Codes for Post-Conflict Criminal Justice which was produced in partnership with the Office of the High Commissioner for Human Rights. Yet expertise is relatively limited. says Mark Shaw. and the Irish Centre for Human Rights. the UN has less than a dozen experts on organized crime. A nuclear. As the Executive Director of UNODC. An ensuing effect on infant mortality could unleash a second wave of deaths throughout the developing world. criminal groups fill a lucrative vacuum. Yet. and peace-builders are starting to wake up to the impact of crime on conflict. Conflict creates cover for illicit enrichment . an increased emphasis on conflict prevention.000 soldiers and 10. One such tool was launched in New York on 11 February . and . Under the UN flag. conflicts which may seem tractable drag on for years. It also creates profitable new markets for smuggled goods. natural resources.whether it be drugs. both within the UN system and among Member States. it could deal a crippling blow to the world economy and drive millions of people into dire poverty. chemical or radiological terrorist attack would have a devastatingly far-reaching impact. In the absence of the rule of law and licit competition. "but long-term security depends first and foremost on the creation or restoration of the rule of law.html Look at almost any conflict zone in the world.has an impact on regional security. says UNODC Spokesman Walter Kemp. Antonio Maria Costa has pointed out. http://www.because of its transnational nature . As a result. and UNODC has a unique skill set that can address this urgent problem". and you'll find spoilers with links to criminal groups.

and many of the former have occurred in failed states. but particularly in the Third World. legal. Failed states have served as the incubator of international terrorist groups. National Security: A Policy Analysis Using a Center of Gravity Framework. Online Failed states pose perhaps the most dangerous threat to both American national security and international peace and stability. human trafficking. In Somalia. and the former Yugoslavia. and lives.S. Commander of the US Navy. Online Transnational organized crime contributes to and thrives on the recent and growing trend of ungovernability that is undermining the ability of many states to carry out their traditional functions. Professor of Law. Failed States. The result has been an increasing burden on the international community to take action in support of "failed" states. The Threat of Transnational Organized Crime to U. Finding a comprehensive and effective solution to these challenges of terrorism. Int’l Colloquium. and/or security threshold.[53] failed states are a comparatively larger risk than great power wars Yoo 5 John. or the proliferation of weapons of mass destruction technologies. far more lives have been lost due to internal wars than international armed conflicts. humanitarian. Global Security. incurs high costs in terms of money. such as Somalia and Rwanda. failed states have produced the catastrophic human rights disasters. such as the al Qaeda organization that attacked the United States on September 11. human rights violations. Military intervention in response."[52] Ungovernability is characterized by a decline in the rule of law. often led by the United States and its allies. stagnating economies. Ungovernability is defined as "the declining ability of governments worldwide. to govern and carry out the many and various responsibilities of managing a modern state in an increasingly complex environment. Rwanda. material. or as trans-shipments points for illicit drugs.SDI 09 SBH LAB 52 TRAFFICKING AFF EXTENSION FILE leads to failed states Carlson 97 Thomas. and deteriorating infrastructures. or poverty and lack of economic development requires some answers to the problem of failed states . when the situation reaches the appropriate moral. University of California at Berkeley School of Law. 2001. Since the end of World War II. Haiti.

banking. biological. National Drug Intelligence Center. "Criminal states" may also adopt the political agendas of states of concern and terrorist groups. By 2010. Criminal organizations are likely to penetrate troubled banking and commercial sectors. and the National Security Council participated in the drafting of this assessment. they are likely to have difficulty constraining the activities of organized crime. Improvements in transportation infrastructures and modalities to facilitate international trade will increase the volume. displacing the brokers and businesses that dominate today's gray arms market. economic. Federal Bureau of Investigation. offering criminals more efficient and secure ways to smuggle illicit drugs and contraband. US Customs Service.fas. Drug Enforcement Administration. Representatives from the Central Intelligence Agency.SDI 09 SBH LAB 53 TRAFFICKING AFF EXTENSION FILE UNRESTRAIINED ORGANIZED CRIME WILL UNLEASH NUCLEAR WEAPONS. Many countries are likely to be at risk of organized crime groups gaining significant leverage or even control over political and economic systems. undermining public services and the credibility of government and private institutions. The involvement of "criminal states" in the community of nations could undermine international finance and commerce and preclude effective international cooperation against organized crime. or chemical weapons of mass destruction has been more potential than real. and financial networks to facilitate the evasion of US or international sanctions by rogue regimes and terrorist groups. . and launder and move money. private. This potential may be realized by the end of the decade if the political and economic climates in countries both possessing and seeking WMD capabilities changed to make engineering such transactions more practical and less risky. Criminal organizations may be capable of financially exploiting or disrupting government. Drug trafficking. the Office of National Drug Control Policy. penetrate legitimate businesses. Advances in computer and financial technology will increase the anonymity and speed of commercial and financial This Global assessment was prepared by a US Government interagency working group in support of and pursuant to the President's International Crime Control Strategy. THREATEN THE GLOBAL ECONOMY AND CRUSH U. CREDIBILITY INTERNATIONAL CRIME THREAT ASSESSENT 2000 http://www. and financial services will depend. By 2010. alien smuggling. Financial Crimes Enforcement Network. and security interests around the world. They also may be able to cause significant disruption to financial systems. militias. The world in 2010 may see the emergence of "criminal states" that are not merely safehavens for international criminal activities. So far the threat of organized crime involvement in acquiring and trafficking nuclear. public. law enforcement. thereby weakening US political. Organized crime groups that have access to formidable weapons arsenals may assume a far more significant role in brokering illicit arms transactions for foreign armies. and many other traditional criminal rackets will continue to be a staple of organized crime groups worldwide. or private-sector computer systems they are able to penetrate. Unscrupulous politicians and political parties may align themselves with criminal organizations for financial and other support. speed. International criminal groups will keep pace with changes in technology and the world economy to enhance their capability in traditional organized crime activities and to move into new criminal business areas. transportation. contraband smuggling. Organized crime groups themselves may promote their own political agenda as the price of support. US Secret Service. Justice. however. Greater regional integration and worldwide interdependence of national economies will make it easier for criminal organizations to operate on an international scale and blend their operations into legitimate economic activity. Once in office. the Treasury. or insurgencies. organized crime groups are most likely to be a greater threat with regard to security issues that directly affect US strategic interests.S. They may also become a viable alternative to independent brokers and front companies by establishing sophisticated acquisition. and Transportation. but support them as a matter of course. the Departments of State. international criminal groups are most likely to be particularly proficient at exploiting computer networks upon which all modern government. and efficiency of smuggling and commercial transactions by international crime groups. the trafficking of women and children.

Security costs for these businesses (especially physical protection. and forced payments to gangsters for "protection. and Western businesses in Russia." The Russian Interior Ministry has estimated that organized crime "controls" most of Russia's 200 banks and half of its financial capital ("control" ranges from ownership and operation to influence over bank decisions through threats of violence). in particular. threats and murder. innovative businesses and entrepreneurs (foreign and domestic) from entering the") often consume more than 30% of profits. Russian organized crime groups are actively involved in banking. The fear generated combined with organized crime monopolies in certain industries. extra protection of cargo. are frequent targets of extortion.htm Threat to Global Economy Transnational organized crime groups pose more of a threat to international financial markets as the world economy becomes increasingly interdependent. U. damages the overall economy because it discourages legitimate. Laundering billions of dollars in organized crime money worsens national debt problems because the large sums of money are then lost as tax revenue to that country's government. such as the agriculture and construction markets in Columbia and Venezuela. because public financial institutions are "the most vulnerable and lucrative target. . robberies.SDI 09 SBH LAB 54 TRAFFICKING AFF EXTENSION FILE ORGANIZED CRIME WILL CRUSH GLOBAL ECONOMIES STEPHENS 96 WOODROW WILSON POLICY CONFERENCE http://www. according to FBI official James Moody.

ficking of illicit goods (such as arms and drugs). The two eventualities together could then put the prevailing American global hegemony at risk. Expanded Academic ASAP FOR THE next several decades.tions in all countries of the region. Heavily inhabited by Muslims.humsec. http://www. Corruption. But. the large–scale smuggling of consumer goods (such as cigars). . most likely scenario for war Brzezinski 3 professor of American foreign policy at Johns Hopkins University's School of Advanced International Studies. While the situation is not the same and has not reached the same critical propor.kans and has strong links with Western Europe. Organised crime finds its expression in the traf. Heroin shipments move from Turkey through Bulgaria and Macedonia. the most volatile and dangerous region of the world--with the explosive potential to plunge the world into chaos--will be the crucial swathe of Eurasia between Europe and the Far East. Lying between Asia and Europe.tween Macedonia and Kosovo. and then pass over the porous border be. the social and economic pro.pdf Organised crime is obviously not a monopoly of the Balkans. Brzezinski. The most significant criminal activity in the Balkans is the trans-shipment of heroin from Turkey into Western Europe. PhD Candidate in Int’l Criminal Law. the Balkans fall naturally on the narcotics transit line. the perception is still that organised crime in the Balkans threatens democracy. human rights and the stability.SDI 09 SBH LAB 55 TRAFFICKING AFF EXTENSION FILE Organized crime leads to balkan instability Gerxhaliu 7 Selvete. Zbigniew. "Hegemonic quicksand. Human Security. to the so-called Italian route. fraud. the organisation of ille. with an impact beyond the Balkans 18 . before continuing either into Serbia and Hungary or into Albania. it is more visible in the Bal." The National Interest 74 (Winter 2003): 5(12)." (1) It is here that America could slide into a collision with the world of Islam while American-European policy differences could even cause the Atlantic Alliance to come unhinged. intimidation and violence are used as means to expand illegal businesses and to influence public administrations. the rule of law. economic crime. criminal justice and political systems.gress within this region. we might term this crucial subregion of Eurasia the new "Global immigration and trafficking in human beings. At the same time the Balkan is used as route for trafficking in Organized Crime and Terrorism Challenges in Kosovo’s beings. a scholar at the Center for Strategic and International Studies. tax crime and money laundering.

facilitated by new communication technologies and pressured by law enforcement strikes. Since the end of the cold war. but provides opportunity for illicit enrichment. A second and significant trend in the last decade is the way in which criminal organizations have expanded into a wide variety of illicit activities.billion-dollar enterprise.pdf In the last decade. Conflicts and instability in many regions have been intimately associated with the growth of powerful criminal organizations. Trafficking in persons has developed into a multi. Criminal groups now also engage in trafficking in firearms. organized crime has evolved rapidly. NATO DEFENSE COLLEGE.SDI 09 SBH LAB 56 TRAFFICKING AFF EXTENSION FILE organized crime leads to small arms spread Calvani 8 Sandro.unicri. through the creation of profitable markets for smuggled goods. countries with economies in transition have also become particularly vulnerable to the growth of organized crime. corruption and terrorism. propelled by the opening of new markets. Transnational Organized Crime: a global http://www. most specifically fraud using the Internet and related hightechnology crimes. War not only generates instability. Current evidence suggests the increased involvement of organized criminal groups in the area of fraud. In a number of countries a nexus has emerged between organized crime. in which organized crime thrives. cultural objects and natural resources outweighs nuclear war . Many organized criminal groups have diversified their activities and new groups have emerged in several new and specialized sectors.

Run by organized crime. the higher the price they command. pygmy slow lorises.” . mostly to developed countries where collectors or those who simply want an unusual gift for their kid’s birthday can afford the exorbitant prices charged. collapses endangered species Delaney 3/18 Joan. Hawaiian chameleons.” he says. West African songbirds—the list of smuggled species is endless. “Some of these rare parrots or deer falcons can fetch up to $100. the trade still proves profitable to organized crime.” says Michael O’Sullivan. Stingrays and piranhas from South America. Wildlife Smuggling Nets Big Bucks For Organized Crime. “The more rare they are. And although many creatures do not survive the trip because they are smuggled in cruel conditions. coupled with the destruction of habitat and the hunting of wild animals for food. http://www. according to Interpol.000. a primate. endangered sea turtles. chairman and CEO of The Humane Society of Canada (HSC).com/n2/content/view/13914/ The illegal wildlife trade.SDI 09 SBH LAB 57 TRAFFICKING AFF EXTENSION FILE organized crime leads to illegal wildlife trade Delaney 3/18 Joan. rare albino carpet pythons from Australia. http://www. many of the animals traded are already endangered. the international police body. has put the world’s wildlife “under Humming birds bound and stuffed in cigarette packets. The endangered species are actually more valuable. the illegal trade in wildlife and animal parts is estimated to be worth tens of billions of dollars per year. star tortoises from India. The Epoch Times. Wildlife Smuggling Nets Big Bucks For Organized Crime. In addition. exotic birds’ eggs made into necklaces—these are just some of the myriad ways used to smuggle wildlife in a lucrative worldwide trade. making it the biggest money-maker for organized crime after drugs. from South Asia.theepochtimes. The Epoch Times.theepochtimes.The animals are stolen from their natural habitat by poachers and spirited out. snakes and tortoises inside a hollowed out teddy bear.

33 Worse. more well known species." 30 It has been estimated that the ratio of unknown to known species may be as high as 21 to 1. more easily studied. Lexis It is rather well known. a variety of extrapolation factors have been proposed. and that there may be as many as thirty million species of tropical arthropods alone. 23 Myers warned that the world could lose one-quarter of all species in an [*1156] "extinction spasm accounting for one million species. 32 One reason why there is no precise figure even for formally identified species is that there is no recognized single central register of names for described species across all taxonomic categories. 34 Most of what we know falls into the realm of bean-counting. It is much less well known. that enormous numbers of these species are confined to a few "hotspots" of biodiversity. usually mammals and birds. as we struggle with our response to the plight of our fellow organisms on this planet. virtually nothing is known about many of these roughly 1. 1149. nematode worms. constitute a small minority of the community of living things. more simply. Although there is some scientific dispute. Somewhat in excess of one million species of insects have been given scientific names. 36 Many of the unknown species. 22 According to this theory. 52 Hastings L. 29 It is undisputed that. 25 Thus. and much more thoroughly identified and catalogued than most aquatic life forms and invertebrates." and that. some have opined that this may amount to only five to ten percent of insect species." or. the background or natural rate of extinction has been estimated to average only a few species per million years for most taxonomic groups. particularly members of the phylum Arthropoda and. where they were collected and what they look like. far beyond the norm for the average region of comparable size. 27 Enormous as this total is. Norman Myers introduced the biodiversity . are widely believed to be concentrated in what has been termed "biodiversity hotspots. account for the vast majority of described species. Associate Professor of Law. that many of the world's species have either gone extinct or are on the road to extinction. Mammals and birds.75 million "described" species other than the name someone has given them. with 30 million undescribed species versus the approximately 1. within it. primarily a result of habitat destruction and other human actions. Larger. "our ignorance of the natural world is enormous. the vast majority of species will be extinct long before scientists have even identified and named them. we must first examine the degree of risk to which earth's biodiversity is exposed today. 28 It is in the vast. 35 As to how many additional species still await identification." These hotspots are pockets of nature that contain multitudinous species. because they are (1) taxonomically known. however. "hotspots. To understand why. enabling scientists to form better estimates of their historical extinction rates than with groups that do not lend themselves as well to fossilization. In his seminal work on the extinction situation more than twenty years ago.J. 24 Such predictions are generally derived by extrapolation. there is very little information relevant to assessing the role species play within their ecosystems. "if we do not even [*1157] know who the players are. Mammals and birds also are well represented in the fossil record. These hotspots are the key to the future of life on this planet. largely unknown and unstudied shadows of these great tropical habitats that many experts postulate both myriad unidentified species and the precipitous extinction thereof. both in terms of number of species and in terms of number of individuals.75 million that have been identified and taxonomically categorized by people." To put this in historical context.SDI 09 SBH LAB 58 TRAFFICKING AFF EXTENSION FILE high magnitude and invisible threshold Kunich 1 John Charles. and fungi have been discovered. Invertebrates. our understanding of how well they are playing is far more deficient. are more visible. even beyond the scientific community. the most widely held view is that the earth is now in the midst of a mass extinction that rivals the great disappearances of ages past. 31 Some biologists estimate that as few as ten percent of the species of insects. with widely differing estimates of the total number of species on earth. as one expert puts it. renowned British ecologist Norman Myers of Oxford University hypothesized the current extinction crisis. as well as many of the ones previously identified. ARTICLE: Preserving the Womb of the Unknown Species With Hotspots Legislation. but equally important. Roger Williams University School of Law. the class Insecta. such as totaling the number of species identified within each of the major taxonomic groups. mammals and birds are used as indicators or proxies for other groups' extinction rates and histories. and (3) prominently etched in the fossil history. including many rare and endangered species found nowhere else. 26 (2) easily observed.

most often in tropical forest areas accounted for an exceedingly high percentage of global biodiversity and an amazing degree of species endemism.SDI 09 SBH LAB 59 TRAFFICKING AFF EXTENSION FILE hotspots concept in two groundbreaking papers published in 1988 37 and 1990. From the coastal sage of California to the rainforests of West Africa. 38 Myers [*1158] recognized that a modest number of hotspot regions which occupied only a small total land area . from the streams of Appalachia to the Philippine coral reefs. Because the hotspots sustain such an extraordinary concentration of species. including so many new to us. If the hotspots are the small but vital portions of the earth in which so many species are nurtured. Another illustrious early proponent of the hotspots concept is two-time Pulitzer Prize winner Edward O. then it is quite appropriate to call the hotspots the "womb of the unknown species. very likely including large numbers of species unknown to humankind. from these "natural greenhouses" many world records of biodiversity have been reported. I have used this idea for the title of this article. a proposal which will be covered subsequently in this article. Wilson of Harvard University." . 41 This astonishing profusion of diverse life forms within very small geographical confines illustrates the importance of preserving hotspots. 40 Indeed. Wilson has written. aquatic hotspots occupy a tiny fraction of the shallow water surface. the hottest of the terrestrial hotspots occupy only 1. Similarly. including 425 species of trees in a single hectare of Brazil's Atlantic forest and 1300 butterfly species from one corner of the Manu National Park in Peru. 39 Wilson also indicates that the tropical rainforests are believed by some biologists to harbor more than half of the world's species.4% of the world's land surface yet are the exclusive home of more than a third of the terrestrial plant and vertebrate species.

Clift & Grabowski. “In Search of the Exotic: Sex Tourism and Disease Risks”. http://www. 1995). The combination of sex tourists’ financial resources. specifically motivated by persons interested in finding sexual adventure at destinations where the social norms and restrictions of their home environments . Emory. it is difficult to measure the level of contribution that travel may have due to the infection’s clinically latent period. Faculty of Leisure and Tourism. University College. 2007.SDI 09 SBH LAB 60 TRAFFICKING AFF EXTENSION FILE HIV/AIDS ( ) Sex trafficking greatest risk of disease spread – barriers to health care and multiple partners Wickens. and Cyprus International Institute. Emory University School of Medicine Department of Medicine. which may span years and because it may . 2006. 2002. 1997. & Yu. Table 12. 2001b. Sönmez. sex tourists have a high risk of both acquiring and transmitting STIs/HIV. and Cyprus International Institute for the Environment and Public] Although the contribution of human mobility to the spread of infectious disease has long been established—irregular migration tourism (CATW.g. and sex are inextricably linked with the common thread of STIs/HIV/AIDS sexual encounters—common among both leisure and business have the potential to be a major cause of morbidity with the risk being greatest for young travelers and sex tourists (Rogstad. Matilla. Yorghos Apostolopoulos. ( ) Sex trafficking increases disease – sex tourism networks Wickens.In the case of HIV. 1996. Sevil Sönmez. often remain illegal and have no freedom to move. and acute poverty at sex tourism destinations is alarming—particularly when viewed in light of the increasing globalization of both sectors of active individuals. Consequently. faculty at University College. prostitution. “sex tourism” in particular is an important vector for STI/HIV transmission and has potentially explosive ramifications for public health (Wright. Yu. In most places. University College. & Yu 2002. Amsterdam’s window-based sex workers) are not only at greater risk of acquiring HIV/AIDS but also of transmitting it to sex tourists who function as bridges of transmission—simply because the chain of disease dissemination from the sex sector to the general population involves clients who have unprotected sex with their regular partners (Forsyth. 2004). 2000). Emory University School of Medicine Department of Medicine. 2001a. 2007. Wright. Sönmez. travelers— correlations between prostitution and HIV/AIDS in the aforementioned countries. . and Cyprus International Institute for the Environment and Public Health. 2005). 2007 [Eugenia Wickens. and provide case studies of sex tourism destinations where STIs/HIV have become problematic. Apostolopoulos. By virtue of their behavioral interactions with sex workers (a “core group” of efficient transmitters of STIs/HIV) and sex partners back in their home environments. Apostolopoulos. May 6. 2003). and truckers—a concept based on the observation that an infection is endemic among a small sub-population of highly sexually whom it spreads in mini-epidemics to the population at large (Mulhall. May] Although the link between human mobility and infectious disease spread is well established (Wilson. Nevertheless. seafarers. The subgroup of sex tourists requires particular attention as it creates a growing demand for sexual services from vulnerable populations. from tourism and sex. are socially and culturally isolated.springerlink. Yorghos Apostolopoulos. they are usually unreachable by health services. along with are suspended sex workers. and frequently work without condoms out of financial desperation. however. Apostolopoulos. Sex tourism is Mulhall.springerlink. human trafficking. Emory. foreign women are at the lowest end in the hierarchy of women working in prostitution and are subjected to unsanitary work conditions. Streetwalkers and brothel workers who have less control over their work environment than sex workers in more organized venues (e.Apostolopoulos.2 illustrates possible be diagnosed some time after initial exposure (NATHNAC. Sönmez. “In Search of the Exotic: Sex Tourism and Disease Risks”. and Cyprus International Institute. the inherently risky nature of their behaviors. The nature and types of sex work involved in sex tourism vary across locations and present different risk levels to those involved (Wright. faculty at University College. 2003). 2007 [Eugenia Wickens. http://www. discuss types of locations around the world where sex tourism flourishes. Yang. Sevil Sönmez. sex tourists themselves become an STI/HIV core group. Population Mobility and Infectious Disease. 1996). This chapter will examine sex tourism in terms of social and economic factors that fuel the activity.2005). 2003). scholarly interest in the possible correlation between tourism and HIV/AIDS dissemination is fairly recent (Apostolopoulos & Sönmez. Sönmez. Sexual interactions that carry STI/HIV risks occur between travellers and locals or other travellers. Faculty of Leisure and Tourism. Population Mobility and Infectious Disease.

and women often contract STDs at a younger age than men. Policy for Physicians for Human Rights.heinz. Many victims use drugs and alcohol to deal with the stress. The physical and mental World Congress Against Commercial Sexual Exploitation. 42 million For women who have been tested and have also been victims of trafficking or forced prostitution. December 9. “Increased prevalence of infectious diseases in populations of trafficked migrants would be expected to be associated with increased transmission of these diseases” (Gushulak & MacPherson. writer for the Heinz Journal at Carnegie Mellon. and violence Burkhalter. having other sexually transmitted diseases (STDs) heightens the risk of contracting HIV by up to a factor of 10. http://journal. Effects and US Policy”. “Human Trafficking: An Analysis of the Prevalence. Victims who are brought into the United States often arrive from impoverished regions. These numbers range from 20 people worldwide are living with HIV/AIDS (USDOS. no date [Holly Burkhalter.cmu. Moreover. [3] And young Vulnerability of Trafficked Women and Girls to HIV/AIDS: girls’ physically immature bodies are highly vulnerable to] Trafficking also increases health risks in the nation. 2008.[4] STDs are more common among women than men. trafficking victims are forced to endure intercourse with multiple partners. director of U. violence is common in commercial sex and particularly prevalent when women or children are forcibly subjected to sex against their will.html] If women and girls are more vulnerable to the disease because of political. Traffickers also use drugs as a way to exert power over addicted victims. Many have had little or no access to health care and may have major health problems or diseases. 2000). Buchheit. And third. Second. and cultural inequality.[5] . as reported in the TIP Report: “ health of victims is not a concern to traffickers. those most at risk are surely those who are trafficked – coerced. there is a higher prevalence of HIV/AIDS. trafficking victims have no ability to insist upon condom use and are vulnerable to dangerous sexual practices most associated with transmission. or tricked into commercial sex. 2007). These issues again contribute to drug trafficking and the overall safety of the United States (USDOS. According to the 2007 TIP report. significantly heightening their risk of infection. multiple partners.SDI 09 SBH LAB 61 TRAFFICKING AFF EXTENSION FILE ( ) Sex trafficking increases disease – no access to health care Buchheit. 2007).S. forced. no date given but for sure after 2003. “Sex Trafficking and the HIV/AIDS Pandemic: Testimony of Holly Burkhalter. Injuries and abrasions sustained during sexual contact heighten physical vulnerability to AIDS transmission. Victims of trafficking are also usually not granted access to health care in the country of destination. to 70 percent higher rates (compared to women living in the same areas who have not been trafficked). Many have been exposed to a traumatic journey that has been filled with unsatisfactory living conditions and psychological stress. 2008 [Kimberly J. Sex trafficking is an almost inevitable death sentence for the victims for several reasons. http://physiciansforhumanrights. First. 2007). One very stunning piece of data comes from the between 50 to 90 percent of children rescued from brothels in South East Asia are infected with HIV” (USDOS. Physicians for Human Rights. Physicians for Human Rights Before the House International Relations Committee”. because they are virtually or literally enslaved. The Heinz Review. ( ) Trafficking spreads AIDS – no condoms.] Critical public health issues are linked to the relationship of transactional sex between those involved in the commercial sex industry and sex tourists. a clinically latent period that may span years and may be diagnosed much after initial exposure. Particularly because HIV has . Garcia. Kempadoo & Ghuma. 2001. 1999. Of great international importance. online July 18. Emory. Clift. 2000. 90% of whom are living in India [9]. Apostolopoulos.SDI 09 SBH LAB 62 TRAFFICKING AFF EXTENSION FILE ( ) Sex trafficking increases AIDS and TB – creates networks for spreading Huda. and psychological trauma. second only to South Africa. 1999.ijgo. & Callister. writer for the International Journal of Gynecology and Obstetrics. Many recent studies suggest that high-risk behavior and infection rates are growing alarmingly across the region and that South Asian countries run the risk of experiencing the devastating social and economic impacts of the kind of full-blown AIDS epidemics seen elsewhere in the world (Table 1) [10]. Besides being a criminal and human rights issue. and Cyprus International Institute. pedophilia and child prostitution -receiving locales. and have been linked to serious health repercussions (Clift & Forrest. alcohol and drug abuse and addiction. and abortion-related complications. India has one of the largest HIV-positive populations in the world in absolute numbers. which in turn may lead to an explosive growth of the HIV pandemic in some populations. and bridging among these populations have been anecdotally documented. 2002). Yorghos Apostolopoulos. Herold. as well as those who frequent brothels and who can become carriers and/or core transmitters of serious diseases. hepatitis. p. published September 2006. insomnia. unwanted pregnancy. Luongo. the contribution of travel is difficult to measure . 1996. Dahles & Bras. sex trafficking has direct cause and effect linkages to the spread and mutation of the AIDS virus and sex trafficking is aiding the global dispersion of suicide and murder [8].springerlink. 2006 [Sigma Huda. O’Connell-Davidson & Sanchez-Taylor. ( ) Sex trafficking the greatest risk of pandemics – travel and tourism prove Wickens. sexual. Luongo. but also to the general public. forced abortion. a host of mental and emotional health problems including nightmares. 1997. and even The health implications of sex trafficking extend not only to its victims. Population Mobility and Infectious Disease. 2007 [Eugenia Wickens. While sexual mixing. “Sex trafficking in South Asia”. Travel may be difficult to isolate as a clear epidemiological component in understanding STI/HIV spread. May 6. International Journal of Gynecology and Obstetrics. 2000. 1999). & sexual mixing of sex tourists in the context of brothels. faculty at University College. due to its large population. 2007. HIV subtypes. threatens extraordinary public health repercussions for tourist-generating and Demoya. “In Search of the Exotic: Sex Tourism and Disease Risks”. In fact. Over 5 million people in South Asia are living with HIV/AIDS. and suicidal tendencies. trafficking often suffer brutality that results in physical. University College. http://www. tuberculosis and other communicable diseases. Given the spatial and temporal dimensions of travel milieux along with the fact that travelers comprise a critical bridge population between different risk prevalence settings. concurrency. http://www. United Nations' Special Rapporteur on human trafficking. and Cyprus International Institute for the Environment and Public Health. empirical works have only touched upon them (Clift & Grabowski. Emory University School of Medicine Department of Medicine. Faculty of Leisure and Tourism.Wickens. pelvic inflammatory disease. Women and children victims of sex trafficking in South Asia have a high prevalence of HIV and other STDs. If coinfection with HIV prolongs or augments the infectiousness of individuals with STIs and if the same STIs facilitate HIV transmission—they may amplify one another in “epidemiological synergy”(Mulhall. Victims of The health risks and consequences include sexually transmitted diseases. rape and other physical assault. urban prostitution. leisure migration in general but sex tourism in particular. 2006. Sevil Sönmez. Although the rate of people living with HIV/AIDS (PLHA) in the population at large is still low. Sönmez. 456).org/article/PIIS0020729206001901/fulltext] sex trafficking has serious public health implications.

and fear of discovery and deportation can all hinder their access to care. language barriers. As is often the case with women who are victims of domestic abuse. health care providers may not be trained to identify possible trafficking victims. social. Stigma means people won’t seek treatment Huda. writer for the International Journal of Gynecology and Obstetrics. Even if they overcome these formidable barriers. www.SDI 09 SBH LAB 63 TRAFFICKING AFF EXTENSION FILE ( ) Multiple reasons for disease spread through sex trafficking A. 2001.ijgo. 2006 [Sigma Huda. http://www. or exposed to. For those free to come and go. lack of information about services. sexual and mental health needs. online July 18. 2001 [Alison Phinney.paho. reducing vulnerabilities of victims including stigmatization. “Sex trafficking in South Asia”. there is the possibility they won’t receive the care they need. even to seek health care. which results in multiple burdens for HIVpositive survivors. physical and psychological protection of people who are affected by. Some are not allowed to leave the] It is thus crucial to adopt rights protective strategies in combating the crime of sex trafficking. International Journal of Gynecology and Obstetrics. If the provider is unaware of the patients circumstances and involvement in the sex industry. Health and Development Program of the Pan American Health Organization. published September 2006. “TRAFFICKING OF WOMEN AND CHILDREN FOR SEXUAL EXPLOITATION IN THE AMERICAS”. 2006. Where services are available.pdf] trafficked women and children. No access to health care Phinney. trafficking victims face almost limitless barriers to accessing them. . Special attention is needed on legal. Women. have little or no access to health care or other social services. sex trafficking and HIV/AIDS. Inter-American Commission of Women of the Organization of American States and the Women. she Several factors suggest that is likely to overlook the full extent of the patients’ reproductive. It is important to mainstream sex trafficking and HIV/AIDS with a multi-sectoral approach maximizing linkages and coordination between national and regional programs related to trafficking of women and girls and HIV/AIDS. with such serious and complicated health needs. Trafficking victims may not be able to afford services. B. United Nations' Special Rapporteur on human trafficking. and they are unlikely to have access to health insurance. [taken from the Washington times]. Clients pay more for young girls.html. Jay Silverman of the Harvard School of Public Health and colleagues. the girls may have little choice but to return to a life of prostitution. "More and more evidence suggests that sex trafficking is affecting a greater number of women and children across the globe. and protect former sex workers may significantly reduce the spread of HIV. who are more vulnerable to HIV and lack access to medical care. and often ill. "For those lucky ones who are able to escape the brothels. they often return to poor regions of India or Nepal. found Dr. "Stigmatized. “India: Sex Trafficking Said to Spread AIDS”. Regionally. impoverished. related Silverman. prevent trafficking. where few medical and social services are available to them." said Silverman." .SDI 09 SBH LAB 64 TRAFFICKING AFF EXTENSION FILE Sex trafficking is spreading AIDS now Blackwell 07 (Brian Blackwell. 38 percent had HIV. two-thirds were HIV-positive. new research suggests." Among girls trafficked before age 15. "the trafficking of individuals into the prostitution industry appears to greatly contribute to the spread of one in seven of the women. Among trafficked female Nepalese sex workers in India surveyed from 1997 to 2005." Silverman said. amazingly little attention has been given to this issue in the past. http://www.thebody. Thebody. JW) Policies that stop the demand for sex-trafficked women and girls.

victims will be afforded humanitarian assistance instead of being revictimized by law enforcement by either being jailed. The first step in providing adequate protection to trafficked women is recognizing them as victims of crime instead of criminals. or remaining in their traffickers' control. to be notified of court proceedings[. n243 However. trafficked women are commonly identified as illegal immigrants and subsequently are jailed and deported. n240 As reviewed in the previous section. to be present at all public court proceedings[.D. n231 As mentioned above. n228 The victim-witness coordinator should inform the embassy and then work together with the embassy to ensure the women's safe return. and. trafficked women need access to their embassy or consulate within the United States. are still not guaranteed because prosecutors are only required to put forth their "best efforts. however. to be reasonably protected from the accused offender[. n235 In essence. nor are they citizens or permanent residents. n229 [*54] Once charges are filed against the trafficker. n230 The prosecuting victim-witness coordinator must then keep the victim abreast of case developments and upcoming proceedings. n242 Trafficking victims. additional difficulties in securing social services due to their unique status as illegal immigrants will be eliminated. n255 Resident status would alleviate many of these problems. American University --The author is grateful to the President's Interagency Council on Women for its guidance Kelly. . and restitution.] . to restitution[. The Coalition to Abolish Slavery and Trafficking (CAST) in Los Angeles. counseling. and employment assistance help trafficked women regain control of their lives by providing them with a source of financial security.] . known as a victim-witness coordinator.] . sentencing. candidate. deported. CAST is an organization that is dedicated to helping trafficking victims to obtain these various services. . n239 [*55] Even without coalitions such as CAST throughout the United States. n238 English language instruction. based upon the current structure for victims of crime. The primary investigating and prosecuting offices are required to designate someone as the official responsible for victim-witness services. n252 Third. . often do not report traffickers to the police. n254 Without citizenship or permanent resident status.J. n236 Victims who choose to be witnesses against their traffickers may be in the United States for up to three years. . if applicable. victims will be more willing to report crimes and participate as witnesses without fear of deportation. victim-witness coordinators and law enforcement personnel must recognize the needs and rights of trafficking victims. n244 Expressly designating trafficked women as victims of crime would also ensure certain protections and benefits under the Victims' Rights and Restitution Act of 1990. . current law enforcement processes help victims obtain social services and legal assistance n224 and the WETF provides a complementary response system. ." n248 The most immediate protections trafficking victims require are temporary residency and the opportunity to apply for permanent resident [*56] status. n253 Some domestic violence shelters will not accept trafficked women because they have not been abused by spouses. n226 This coordinator must also inform the victim of locations where she can receive emergency medical and/or social services and must assist the victim in contacting the service providers. n250 First. treatment from public and/or private programs. however. n227 In addition. California is the only service provider in the United States established specifically to serve trafficking victims. n232 CAST secures shelter. trafficked women also have been denied compensation from state Crime Victims Funds for social services. . need a means of supporting themselves financially during this time. 29 lexis A protection and services infrastructure exists for victims of crime in the United States. n223 A model system can be designed. n249 Temporary residency and potential permanent residence status provide several benefits. . imprisonment and release of the offender. n241 Moreover.SDI 09 SBH LAB 65 TRAFFICKING AFF EXTENSION FILE SOLVENCY RECOGNIZING TRAFFICKED PERSONS AS CRIME VICTIMS WOULD ENSURE ACCESS TO SOCIAL SERVICES AND STOP THE REVICTIMIZATION THAT HAPPENS IN THE STATUS QUO HYLAND 01 J. n234 These services are provided by a network of coalition members and are culturally sensitive and language-appropriate. with coordinated law enforcement and service provider efforts. .] .] . fearing such criminal repercussions. . [and] to information about conviction. but it has not been applied yet to trafficking victims. Washington College of Law. n251 Second. and legal assistance for trafficking victims. job training. n245 The Victims' Bill of Rights created in this Act should also be applied to trafficking victims. medical treatment. victim-witness coordinators are responsible for helping locate service providers. n233 CAST augments basic services by also providing English language instruction and job training. Once trafficking has been reported. n246 The Victim's Bill of Rights includes the right: "to be treated with fairness and with respect[. to confer with an attorney[. . Protecting Human Victims of Trafficking: An American Framework 16 Berkeley Women's L. the designated victim-witness coordinator in the prosecutor's office assumes responsibility for the social service needs of the victim. therefore. with particular attention to the special needs of trafficking victims. n237 A work permit is essential to enable victims to enter the job market legally. trafficking victims could be released into the care of service providers without ever being detained.] . . victims trafficked into prostitution may be further victimized by being fined and/or jailed for prostitution and immigration violations. n225 The investigating victimwitness coordinator is responsible for informing the victim of the availability of counseling. ." n247 These rights.

n121 Once safely in custody. n129 . n101 Therefore. are unlikely to find representation. Third World L. and the victim's right to self-petition for certification. the TVPA should provide victims with access to Legal Services Corporation (LSC) attorneys upon first contact with authorities -. n119 Trafficked persons. any effective anti-trafficking strategy must address both the victim's fear of their traffickers and their mistrust of law enforcement. Victims' Right to Access Justice Additionally. and work based on the victims' risk of danger from their trafficker. most who have benefited from the TVPA have been identified and rescued by others. n114 B. potential and actual trafficking victims must be able to obtain restraining orders on short notice against their traffickers either in the state or federal court. n113 All victims should have access to gender-appropriate health care and psychological assistance. but traffickers often threaten to harm or kill the victims or their family members if they attempt escape.whether they come forward. A." but only "to the extent practicable. render the stories of legitimate victims unbelievable to law enforcement officials. law enforcement may consider the opinion of psychologists and trained professionals who understand the effects of post-traumatic stress syndrome. possibly slowing the rehabilitation process. n110 For example. n106 As an additional safety measure. Victims' Right to Security The TWA requires agencies and departments to promulgate regulations that will ensure that trafficking victims are not held in facilities "inappropriate to their status as crime victims. travel. n98 U. n97 Not only are they unfamiliar with the laws. to increase access to justice. traffickers often threaten their victims with deportation. or corrupt. law enforcement typically lacks the power to prevent traffickers from retaliating against family members in other countries. much less speak the language. n102 The TVPA must enhance its protections and ensure that victims redeem their rights to safety and access justice. n99 Moreover. n122 This step is necessary because some seriously traumatized people have difficulty recounting their stories or suppress abusive memories that take time to surface. the government should provide secure and immediate housing for trafficking victims before certification. n115 Although the Act provides "victims of severe forms of trafficking [with] access to information about their rights and translation services. especially for sexually exploited victims. culture. victims will not risk coming forward. are rescued. so escaping involves a stakes gamble where losing may result in deportation." n104 Instead." such resources may not be provided until after they have been certified as being trafficked with enough force. n117 Those who are not "rescued" by law enforcement have no way of knowing whether authorities will believe their stories. n120 To address this problem. BOSTON COLLEGE THIRD WORLD LAW JOURNAL 25 B. n112 Ideally. these factors could. n123 protect victims and punish traffickers -. or encounter law enforcement. n118 Additionally. services. among others. 451 LEXIS Traumatized victims of trafficking face many practical and psychological obstacles in their efforts to break free from their traffickers' control. n111 Victims may be fearful if housed in an environment where they do not understand. NGOs and social workers should develop "trafficking safety plans" for well as its legislative history. those who escape or consider escaping on their own will find little information or assistance. the TVPA should ensure the trafficked person's right to access justice.SDI 09 SBH LAB 66 TRAFFICKING AFF EXTENSION FILE INCREASED SOCIAL SERVICES ARE VITAL TO EMPOWER TRAFFICKED PERSONS TO ESCAPE DALRYMPLE 05 JOYCE KOO DALRYMPLE *Staff Writer. especially when police in those countries are unresponsive. since talking to someone of the opposite sex can be intimidating. because victims are physically and emotionally scarred. victims are fearful of being treated as criminals or deported by law enforcement. n109 [*468] Shelters should also offer services that address the particular needs of trafficking victims. in which victims of domestic violence can self-petition for legal permanent residence without relying on their citizen or legal resident spouses to sponsor them. Part B discusses reforms that [*467] promise to broaden victims' access to legal resources. n127 The TVPA could model its self-petitioning provision after the Violence Against Women Act (VAWA). underfunded. initially too afraid to identify their abusers or unable to articulate the severity of their trafficked situation. n107 Furthermore. n105 If safety is not guaranteed. n108 Service providers should look to NGOs and shelters that offer such plans for domestic violence victims for guidance. adopting a self-petitioning provision would prevent abusers from using deportation as a tool to maintain control over their victims. n100 These factors. which indicates that self-petitioning should be permitted. thus. the TWA should allow victims to self-petition for certification to obtain its benefits. because their abusers may inflict even greater harm on them for trying to escape. prevent trafficking victims from coming forward of their own volition. shelter staff should be trained to handle the aftermath of trafficking. n128 Like abusive spouses. since few NGOs provide free assistance to undocumented immigrants. n126 This is [*470] consistent with both the purpose of the Act -.S. n124 Allowing more time to explore the validity of a trafficking claim would thus decrease assessment errors. and language of the destination country. a feature that many domestic violence shelters lack. to ensure their security in the interim. victims should be housed together in culturally sensitive shelters where their native languages are spoken. n103 Part A of this Section explores the implementation of immediate safety measures to protect victims from their traffickers. at least initially.C.J. whenever possible. n125 Finally. n116 The law presupposes that police will first rescue trafficking victims and then interview them to determine eligibility for [*469] certification. if the victim's credibility is in doubt.

and opportunities.georgetown. education. it is essential that local and state professionals. services. as well as providing minimum standards of care in their own operations. Such training is essential to ensure that officials at all levels are operating with a standard understanding of federal laws. etc. Victims cannot be allowed to slip through the cracks because agencies are unsure of their prerogative or uncertain that they will be reimbursed for their expenses. and given the significant level of care required by many victims of trafficking and the limitations on national level services and receive the proper training and education to be able to recognize and respond to potential cases. legal services. health care. Given the above recognition that local and district level officials are often the firstresponders to trafficking cases.SDI 09 SBH LAB 67 TRAFFICKING AFF EXTENSION FILE COORDINATION OF FEDERAL. . STATE AND PRIVATE SERVICES IS ESENTIAL FOR SOLVENCY SHINKLE 07 Whitney Shinkle is a Research Associate at the Institute for the Study of International Migration at the Walsh School of Foreign Service at Georgetown University PROTECTING TRAFFICKING VICTIMS: INADEQUATE MEASURES? http://isim. and the myriad agencies and institutions most appropriate to providing various services to trafficking victims. national legislation should clearly delineate responsibilities for the vital duties of shelter. including non-profit and nongovernmental sectors.pdf. • Due to the variety of issues involved.

Domestic violence survivors typically submit evidence of abuse. The inclusion of survivor voices is crucial to re-examining and redefining the United States' anti-trafficking efforts. prosecutors and law enforcement agents interested in convicting traffickers. and advocates seeking to protect victims' rights in the current framework. victims control the timing of their participation in any [*208] investigation. n259 Similarly. it should first interview the T visa applicant and judge her credibility firsthand. n260 In cases where the DHS intends to deny a T visa application because of the paucity of corroborating evidence. more victims report their traffickers now than did before there was a reflection period. In Belgium and the Netherlands. A much smaller group of highly trained DHS adjudicators could respond more uniformly and rapidly to changes in trafficking patterns and new trafficker methods. it may actually result in additional victim participation in prosecutions. then her T visa application can be denied. According to psychologist Judith Herman. Although centralizing victim identification with DHS reduces prosecutorial control over T visas. this struggle has been defined by feminists and religious leaders opposed to sex work. police reports. If a range of victims' voices becomes part of the anti-trafficking debate. and psychological evaluations. An approach that relies solely on a victim's own demonstration of compliance with the statute is consistent with encouraging survivor participation in the political struggle against human trafficking. By de-coupling victim status determinations from prosecutorial involvement. letters. n258 These adjudicators would also be advantageously positioned to decide victim eligibility divorced from any investigation or prosecution duties. A centralized model based solely on victim demonstration of compliance with statutory standards is similar to that used to adjudicate petitions under the VAWA from non-citizen survivors of domestic violence. including declarations. When the T visa is de-coupled from the LEA endorsement and prosecutorial approval. Immigrants' Rights Clinic. the victim is judged not to be credible. This de-coupling would also reduce the effect of the prosecutorial and investigative focus on sex trafficking victims. Additional time for reflection may result in more victim participation. Stanford Law School. n263 In both countries. our conception of [*209] trafficking victims will surely expand to encompass a wide range of experiences from a diverse group of victims. trauma victims may actually be more stable witnesses if they are empowered to choose to participate in the investigation or prosecution of their persecutors. T visa applicants should be able to demonstrate attempts at cooperation solely through their own evidence and narratives. not law enforcement assessments of victim suitability to serve as a witness. as trafficking survivors begin to recover from their experience with the assistance of social service agencies. survivors are granted temporary immigration status. . they are granted a reflection period in which to make an informed decision about cooperation. the proposed model focuses on the credibility of victim narratives. This would eliminate the uniformity challenge posed by the current system in which thousands of law enforcement agents and prosecutors serve as gatekeepers to the visa. n264 These results are consistent with psychological understandings of trauma survivors. n265 Once a victim's life and psychological state have stabilized somewhat. n262 During this period (forty-five days in Belgium and three months in the Netherlands). she may be a more meaningful and directed participant in investigation or prosecution. Boston University Law Review 15:157 LEXIS DHS should eliminate the LEA endorsement restriction and locate the victim-identification function solely with trained DHS adjudicators. as long as DHS adjudicators were trained to recognize victims of trafficking for both labor and sex. Thus far.SDI 09 SBH LAB 68 TRAFFICKING AFF EXTENSION FILE EMPOWERING TRAFFICKED PERSONS TO CHOOSE IF THEY COOPERATE WILL LEAD TO MORE COOPERATION WITH LAW ENFORCEMENT SRIKANTIAH 07 Jayashri Srikantiah** Associate Professor of Law and Director. after this interview. n261 If.

n266 This actual causation test. n271 Within these categories. a trafficker may threaten victims daily with violence and harm. we are only at the beginning stages of understanding the psychological aspects of trafficking. or coercion. as well as to fully explore issues relating to consent and psychological coercion. The standard would be easily met in cases involving kidnapping. DHS should also eliminate the current regulatory preference for rescue over escape. familiar from the criminal context. and children from a wide range of countries. experts and advocates against domestic violence have developed and analyzed the battered woman's syndrome and subsequent characterizations of the psychological effect of domestic violence on battered women. If the domestic violence context is any indication. Trafficker behavior may also affect different victims differently. Trafficking frequently involves domination based on gender. fraud. or coercion. or ethnic group. To determine which applicants qualify for the T visa. or violence. and education should all be part of the inquiry. DHS adjudicators should incorporate guidance from mental health professionals in evaluating T visa applications. n267 would focus the inquiry on the trafficker's behavior vis-a-vis the victim. the ultimate inquiry would be about the effect of the trafficker's behavior. along with the nature of the trafficker's enterprise. a requirement that recognizes that exploitation takes many forms and that victims' experiences vary widely even under similar conditions. race. In recent decades. and conditions in the country of origin. economic and political circumstances. particularly economic factors. DHS officials should apply the "but for" test implicit in the force. . a victim would not have entered into the trafficking arrangement but for force. then she is a victim of human trafficking. Immigrants' Rights Clinic. abduction. with a broad range of cultures. or if the victim would not have remained under exploitation but for force. In other cases. fraud. age. stories of other victims of the same trafficker. of course. Victims are a diverse group of individuals. a trafficker may control victim behavior through more subtle forms of coercion. DHS can then apply the remaining existing statutory and regulatory standards in adjudicating T visa applications. DHS should take account of the totality of the circumstances. Stanford Law School. but under the actual causation test. classes. and this diversity must be considered. It would also accommodate and include cases where traffickers use psychological and more complex methods to coerce and defraud victims. and languages.SDI 09 SBH LAB 69 TRAFFICKING AFF EXTENSION FILE SHIFTING TO A “BUT FOR” TEST WOULD BETTER PROTECT TRAFFICKED PERSONS SRIKANTIAH 07 Jayashri Srikantiah** Associate Professor of Law and Director. n270 A victim's background. most relevant at the start of the trafficking enterprise (when victims are recruited) and at the destination country (where the victim is exploited for sex or labor). men. Boston University Law Review 15:157 LEXIS In addition to removing the LEA endorsement restriction. n268 Other factors. n272 In some cases. may influence a victim's decision making. fraud. As this exploration progresses. or coercion standard of the TVPA. based on the totality of the circumstances. including women. individual experiences and stories vary broadly. If. n269 Similar exploration is required in the trafficking context to better understand the [*210] psychological consequences of trafficking.

it is difficult to understand why we want to prevent them from reuniting with parents and spouses. Ryf* J. a victim over 21 years of age cannot be reunited with his or her spouse or children and a victim under 21 years of age cannot be reunited with parents. n167 Because most victims of forced prostitution and involuntary servitude have been isolated and confined.D.SDI 09 SBH LAB 70 TRAFFICKING AFF EXTENSION FILE EXTREME HARDSHIP RESTRICTIONS SHOULD BE ELIMINATED RYF 02 Kara C. would most likely be granted relief from deportation by showing that. is intended to relate to a victims' fear of retaliation or persecution upon arrival in his or her home country. as a United States citizen. n168 . severe restrictions are placed on those eligible to receive the visa and its benefits. This remains the understood definition of extreme hardship. which is undefined by the Act. n165 A determination of whether the immigrant met his or her burden of showing extreme hardship was based on problems that would result from being forced to leave the United States after living here for many years. If the extreme hardship language. Kara Ryf is a labor and employment attorney for Perkins Coie LLP in Seattle Case Western Reserve Journal of International Law 34:45 LEXIS While the T-visa provides many services and protections to trafficking victims. University of Wisconsin-Madison. an immigrant with a young child who is a United States citizen and has a life threatening disease for which the only treatment is available in the United States.S." n162 The extreme hardship requirement is also an element of the provision allowing T-visa holders to adjust to permanent resident status. n164 The extreme hardship standard is inappropriate to these provisions. n166 For example. Prior to the 1996 revisions to the Immigration and Nationality Act. with distinction. the term "extreme hardship" was used as a requirement that immigrants had to [*68] demonstrate in order to be granted relief from deportation. First. However. A demonstration of extreme hardship should not be relevant to the Tvisa provision of the Act. even for T-visa applicants. the child would suffer an extreme hardship if the immigrant was deported. Case Western Reserve University School of Law. To illustrate. "given the horrific ordeal victims have faced. Most victims applying for adjustment of status have not been in the United States for a significant period of time and often have not established unbreakable ties to individuals in the United States. n163 Victims are eligible to remain permanently in the United States if they have been in the United States for three years and assisted in the prosecution of their traffickers or would suffer "extreme hardship" upon removal.. B. it would have been better to allow the Attorney General to grant asylum to victims in such cases. such victims rarely can demonstrate an extreme hardship. it requires the victim to demonstrate an extreme hardship in order to be reunited with family members.. except in cases where an extreme hardship can be presented. magna cum laude.

Victims who feel assured of their security and wellbeing are more likely to be willing and credible witnesses than those who feel coerced into participating. Victim participation in investigations and prosecutions should be encouraged but not mandated in order to receive protection .pdf.SDI 09 SBH LAB 71 TRAFFICKING AFF EXTENSION FILE DELINKING SERVICES FROM LAW ENFORCEMENT WILL INCREASE COOPERATION SHINKLE 07 Whitney Shinkle is a Research Associate at the Institute for the Study of International Migration at the Walsh School of Foreign Service at Georgetown University PROTECTING TRAFFICKING VICTIMS: INADEQUATE MEASURES? http://isim. Dedicating more resources to victim protection regime may do more to encourage victims to participate in law enforcement procedures than demanding participation first and protection second.

Laurel E. the U. Acting Clinical Professor of Law and Director of the International Human Rights Law Clinic. 2. The U.S. domestic labor. government should create incentives for survivors to come forward and cooperate with law enforcement personnel. To address short-term needs of survivors. Further. In addition. Strengthen protection and rehabilitation programs for survivors. President. government undertake the following measures to combat forced labor in the United States: 1.S. Increased public and private support to social service agencies is necessary to provide adequate. to ensure that they are consistent with the goal of supporting and protecting survivors. We recommend that the U. safe housing to survivors upon liberation from captivity. Fletcher. Int'l L. This includes developing mechanisms to protect victims and family members vulnerable to retaliation and threats by traffickers in home countries. garment manufacturing. government should increase training and coordination of officials involved in the identification. This would help reduce the vulnerability of low-wage workers to exploitation. . Yet housing of any kind can be costly for social service agencies. and federal level to respond to forced labor and trafficking. Eric Stover. Start a broad-based awareness-raising campaign about human trafficking and forced labor in the United States with special attention to reaching immigrant communities. and prosecution of perpetrators. which use subcontracting systems that violate labor laws and practices. FLETCHER AND STOVER 05 Kevin Bales. U.S. Correct aspects of migration policy that provide incentives for unscrupulous employers to use forced labor.S. 3. Director of the Human Rights Center and Adjunct Professor of Public Health. state. investigation. University of California. as well as their administration. government should eliminate the visa requirement that requires each worker to remain with one particular employer. Free the Slaves. Improve the institutional capacity of law enforcement personnel at the local. more resources should be devoted to enable service agencies to aid existing clients and to conduct outreach that might result in identifying more victims. 5. [*51] 4. and food service that are particularly vulnerable to forced labor and trafficking. The U.S. government should promote accountability in sectors. especially agriculture and garment manufacturing. Berkeley.SDI 09 SBH LAB 72 TRAFFICKING AFF EXTENSION FILE EXPANDING SOCIAL SERVICES IS KEY TO PROTECTING TRAFFICKED PERSONS BALES. 47 LEXIS While the Trafficking Act has greatly amplified the federal government's role in investigating and prosecuting forced labor cases in the United States. Social service agencies report that finding appropriate housing for survivors has been one of their greatest challenges. increased public awareness about the demand for goods and services provided by forced labor can foster public pressure on employers and manufacturers to eradicate conditions that generate market vulnerabilities to the use of forced labor. Housing that is safe and secure can protect survivors from their former captors. authorities should also review eligibility requirements for immigration relief. the job of providing basic social and legal services to survivors has fallen squarely on the shoulders of nongovernmental organizations (NGOs) and social service agencies. School of Law (Boalt Hall). The U. Berkeley Journal of International Law 23 Berkeley J. Ensure better legal protections and monitoring of workers in sectors such as agriculture.S. Much would be gained if these agencies were provided with greater financial support so that they could provide survivors of forced labor with safe and adequate housing and other basic legal and social services. they are more likely to aid law enforcement personnel in the prosecution of suspected traffickers. Once survivors feel safe and secure. Yet fewer than half of these agencies are able to meet these needs. Private citizens should be informed about the characteristics of forced labor operations and how to identify potential victims.


and international migration. psychological. are being. 2005). the European Council 2004 Council Directive (2004/81/EC) on residence permits to third-country nationals represented one of the most progressive measures by the European Council. including individuals who have not qualified as certified victims of trafficking. the TVPA and its amendments established several policies to provide victims with options for protection and assistance. ordinary aliens’ law will be applied (Council of Europe. mental wellbeing. In the United States.georgetown. In Europe. or the U-Visa.pdf. including immigration relief. 2004).edu/Publications/GMF%20Materials/TVPRA.1 Under the law. for example. In both systems. and their ability to reintegrate into society. Especially Women and Children. In conjunction with the residence permit. health care. mental. However. such as a civil action provision allowing victims to sue their traffickers in federal court. among the strongest points in the Convention is its mandate that protective and assistance services be provided unconditionally. The U-Visa is intended to be available to a broader spectrum of persons (that is.000 U-Visas are available each year to persons who either a) have suffered substantial physical or mental abuse resulting from certain criminal activities. While it is recognized that human trafficking does not occur in a vacuum. health care services. Though of similar intent. and recognizing the lack and/or inadequacy of anti-trafficking legislation at national levels. and that the battle to end trafficking in persons must address larger systemic issues of poverty. including access to shelter. It also assured victims of their rights to individual privacy.SDI 09 SBH LAB 74 TRAFFICKING AFF EXTENSION FILE THE FEDERAL GOVERNMENT PROVIDES EXTENSIVE SOCIAL SERVICES TO TRAFFICKED PERSONS SHINKLE 07 Whitney Shinkle is a Research Associate at the Institute for the Study of International Migration at the Walsh School of Foreign Service at Georgetown University PROTECTING TRAFFICKING VICTIMS: INADEQUATE MEASURES? http://isim. to stay in the United States while an investigation against their traffickers is pending. After three years. Under the directive. Continued presence allows certified victims. educational opportunities. the victim is eligible for all physical. including strong declarations on protecting victims. and social recovery. In the United States. although many of the specific benefits demanded by the Framework Decision and the Convention are left to Member states to enforce. gender inequality. The T-Visa enables up to 5. Suppress. and sometimes family members. In the United States. prostitution. member states are required to introduce a renewable residence permit. if it is not to be renewed. victims under the age of 18 are considered minors and accorded special privileges. Of primary importance in assisting victims is providing for their physical safety. and whose assistance is vital to US investigations or prosecutions. economic development. the United States and the European Union launched a series of new legislative initiatives. and Punish Trafficking in Persons. minors do not need to cooperate with law enforcement in order to be eligible for specialized services. TVPRA 2005). and counseling. and potential criminal proceedings against their traffickers (Council of Europe. and b) have been. In 2005. It also offers options for restitution.000 certified victims a year to remain in the United States for three years. and sexual exploitation. housing. In contrast. both T-Visa and U-Visa holders may petition for lawful permanent resident status (TVPA. of no less than six months (exclusive of the mandated recovery and reflection period). upon expiration of the permit. Both US and European legislation provide critical immigration relief elements regarding victim residence. the T-Visa. It created a certification process through which certified victims can access federally-funded services. confidentiality. 2000.S. 2000). irrespective of the victim’s willingness to act as a witness in law enforcement proceedings. 10. Similarly. or are likely to be helpful to the investigation or prosecution of certain criminal proceedings pertaining to trafficking. . the Convention surpassed US policy by mandating that member states provide in their internal legislation for a recovery and reflection period of no less than 30 days. during which victims cannot be expelled and will be provided access to all the above mentioned benefits (Council of Europe. including authority representation and assistance in locating their families. and social benefits (including job training) provided by the member state. Under the Convention. the US and European policies have different strengths. these options include: continued presence. and to minors who are siblings of trafficking victims. for victims of human trafficking who cooperate with the competent authorities. legal information. the Convention exhorted Member states to establish programs to assist victims in their physical. or repatriate to their home communities. victim family members. Prompted by the passage of the UN Protocol to Prevent. 2005). minors are provided with special protection measures. The U. anti-trafficking efforts themselves are a critical means of eliminating the crime of human trafficking. provides stronger federal funding for social services such as benefits for dependent children of victims (or potential victims) of severe forms of trafficking. Member states can also decide on an individual basis whether to include other third parties under such permits. mandatory restitution. and notification of the status of their case (TVPA. employment placement.

S.S. legislation. United States Conference of Catholic Bishops Rescue and Protection of Trafficked Victims: The Experience of the Catholic Church in the United States http://www. As has been the case thus far in the U. The legislation should be amended to include explicit roles for these organizations to partner with the federal government in responding to the needs of the victims of trafficking. A witness protection-type approach needs to be pursued to ensure the safety of the victims and their families.shtml. . according to current U.S. For this to be a viable proposition for both the government and the victims. Executive Director Migration and Refugee Services.S. provisions need to be strengthened for protecting the victims and their families. in order to obtain the special visas.SDI 09 SBH LAB 75 TRAFFICKING AFF EXTENSION FILE AT: NGO C-PLAN FEDERAL LEGISLATION NEEDS TO AUTHORIZE NGO’S TO OFFER PROTECTIVE SERVICES FRANKEN 02 Mark Franken. victims must participate in the prosecution of their traffickers. Legislative Modifications Needed: The current U. Additionally.nccbuscc. both in the U.. law has no provisions for a formal role for non-governmental organizations. it is often these organizations that can assist in the identification of the victims and arrange for community-based interventions on their and in their home countries.

citizens and legal permanent residents.S. CITIZENS THERE ARE 200. Despite the passage of the Trafficking Victims Protection Act (TVPA) in 2000. a common misconception about human trafficking that has resulted in much of the anti trafficking efforts in the U.S. Dutch. being focused on the trafficking of foreign nationals into the country. especially domestic trafficking within the U. .S.asp?pubid=611. The number of US citizens trafficked within the country are even higher. which was designed to protect the rights of these and other victims/survivors1of trafficking..S. LITTLE HAS BEEN DONE TO SOLVE DOMESTIC TRAFFICKING IRAZOLA 08 Dr. trafficking between countries and across borders). Goldblatt Grace. has also concentrated on this population with a primary focus on estimating the scale of domestic sex trafficking of minors.C. the majority of these efforts were limited to combating the sex trafficking of female minors (prostituted children).ccv.S. CITIZENS DOMESTICALLY TRAFFICKED WITHIN THE U.S.e. & Williamson.S. Seri Irazola.000 American children at high risk for trafficking into the sex industry each year. however. EVERY YEAR CITIZENS FOR COMMUNITY VALUES 06 http://www. Salomon. or coercion for the purposes of labor trafficking or sexual exploitation (8 U. The trafficking and exploitation of U. § 1101). the reauthorization of the TVPA emphasized the need to address the trafficking of It is important to note thatthe definition of trafficking does not require the transportation and movement of an individual (Clawson. with an estimated more than 200. mapping routes. citizens and legal permanent residents within their own borders is a serious crime that negatively impacts not only those who are victims/survivors. Human trafficking.aspx.icfi. but also law enforcement officials.S. fraud. most of the research and literature examining domestic trafficking in the U.S. little has been done to understand and combat the issue of domestic trafficking.S.000 U. social service providers. 2005).S. insufficient effort has been made to more fully understand and combat the issue of domestic trafficking within the U. This amendment was effective in prompting increased attention to domestic trafficking within the U. Citizens and Legal Permanent Residents: The Forgotten Victims and Survivors http://www. 2009).S. Over the past decade. and reviewing policies and legal frameworks (Gozdziak & Collett.S. ICF International Principle Investigator for the Human Trafficking Reporting System funded by the Bureau of Justice Statistics Trafficking of U.SDI 09 SBH LAB 76 TRAFFICKING AFF EXTENSION FILE DOMESTIC TRAFFICKING OF U.. and communities throughout the U. also referred to as modern day slavery. increased attention and resources have focused on the issue of human trafficking. is defined by the TVPA as the use of force. As a result of this focus. In an effort to amend this. While significant efforts have been taken to understand and combat transnational trafficking (i. in

chronic pain. Raymond et al. Farley. Kellogg. In addition to health and mental health consequences. Lloyd. and gynecological problems (Alexander. ICF International Principle Investigator for the Human Trafficking Reporting System funded by the Bureau of Justice Statistics Trafficking of U. children who were trafficked at a young age may have missed certain developmental milestones which have gone undetected. 2005). sexually transmitted infections. Kellogg.. Pico Alfonso. substance and alcohol abuse. Clawson & Dutch. Clawson & Goldblatt Grace. 2005. 2007.S.icfi. such as victims/survivors of sexual abuse or domestic violence. Some of the physical and mental health consequences found in these exploited populations are highlighted below. Klain. dental or oral problems. 2009. Additionally. 1980. due to lack of health care. 2005. Much of what is known regarding the consequences of domestic trafficking has been extracted from research on populations that have experienced similar exploitation and trauma. 2005. memory loss.SDI 09 SBH LAB 77 TRAFFICKING AFF EXTENSION FILE TRAFFICKED PERSONS SUFFER FROM A MYRIAD OF HEALTH PROBLEMS IRAZOLA 08 Dr. . such as gainful education and vocational skills necessary to function in our society (Aviles & Helfrich. & Thompson. Similar to victims/survivors of domestic violence and other traumatic experiences. The potential physical health consequences of trafficking include. Kellogg. 2004.. victims/survivors of domestic human trafficking often lack basic life skills. and victims/survivors of transnational human trafficking. 2003. 1999. but are not limited to. The mental health issues associated with this population are often complex and there is a high degree of co morbidity of mental health ailments ( Research on the needs of homeless and runaway youth parallel the needs described for victims of domestic trafficking.. Family Violence Prevention Fund. anxiety disorders.asp?pubid=611. Farley et al. Citizens and Legal Permanent Residents: The Forgotten Victims and Survivors http://www. Clawson & Goldblatt Grace. 2002). DeRosa et al. 2005. Robinson & Toro. and dissociative disorders (Alexander. victims/survivors of torture. Allen. 1999). 2003. 2007. sexually exploited women and children. 2008. depression. many victims/survivors of human trafficking suffer from posttraumatic stress disorder (PTSD). & Thompson. broken bones. & Thompson.. Seri Irazola. 1999. Clawson et al. infectious diseases. 2005).

legal representation. residential facility staff. professionals working within the mainstream systems that are frequently the only resource available for victims/survivors are often unfamiliar with the issue of domestic human trafficking and are ill prepared to address the unique needs of these individuals. these benefits often contain a number of stipulations with regard to participation. etc. When working with this population. Shelters and other residential facilities not only provide services to meet the basic needs of trafficking victims/survivors. 2009). 2007). previous arrests. only four residential facilities specifically serving victims/survivors of human trafficking existed in the U. resulting in a delay of service provision and leaving victims/survivors at high risk for re victimization. Yet. Seri Irazola. Once victims/survivors are identified. obtaining access to these services is often difficult. this process can be both cumbersome and time consuming. if not impossible. short term. One crucial need of most victims/survivors is safe housing. citizen or legal permanent resident (Clawson et al. Case managers and social workers operating as part of these facilities are often the first to identify these individuals as trafficking victims/survivors and subsequently coordinate and manage their service provision both within and outside of these facilities. there is no dedicated government funding for specialized services to aid domestic victims/survivors. justice. 2007). for juveniles subjected to trafficking” (PL 109 164). service providers who come into contact with this population require specialized training on the consequences of human trafficking. 2009). mental health counseling. Unlike international victims/survivors of human trafficking. However. all of which exclusively serve female victims/survivors. Service providers who do not have this awareness risk misunderstanding their clients and/or not treating all of the conditions resulting from their exploitation. medical. education. victims/survivors of human trafficking experience a broad range of consequences as a result of their exploitation that require specific services to assist them in their recovery.S. 2008). Unfortunately.. . This sentiment was also expressed by Congress when it reauthorized the TVPA in 2005. life skills training. they are in need of a wide variety of emergency. For example. street outreach workers.. a young female who reports her “daddy” raping her may be referring to her pimp as opposed to her biological father. the specific needs of victims/survivors. and job training.S. As of September 2007. and a social security card which the majority of domestic victims/survivors are not in possession of immediately after escaping their trafficking situations. it is imperative for service providers to have a comprehensive understanding of human trafficking (Clawson & Goldblatt Grace. domestic victims/survivors are assumed to have access to needed services offered by mainstream systems (e. Instead. result in ineligibility for a number of these programs (Williamson. a qualitative review of these facilities found that across sites. Citizens and Legal Permanent Residents: The Forgotten Victims and Survivors http://www.) by virtue of being a U. calling for the implementation of a “pilot program to establish residential treatment facilities in the U.S. As previously mentioned. and long term services. to name just a few (Clawson & Dutch. Dutch. most of these programs require proof of residency. For example. While a comprehensive assessment comparing these facilities to other residential placement options has not yet been conducted. Additionally. Therefore.g.. Services often required by this population include health care. they also provide the link to other needed welfare. and the most effective and appropriate services for addressing these needs.asp?pubid=611.S. While victims/survivors can apply for new identification documents. a birth certificate. & Clawson. such as for solicitations. ICF International Principle Investigator for the Human Trafficking Reporting System funded by the Bureau of Justice Statistics Trafficking of U. and child protective services workers all felt that programs uniquely tailored to meet the needs of this population were an important priority for service delivery (Clawson & Goldblatt Grace. A misunderstanding of the vernacular often used by traffickers and victims/survivors can result in treating this young woman for incest as opposed to identifying her as a victim/survivor of trafficking who was raped by her pimp. law enforcement. substance abuse treatment. shelter providers.SDI 09 SBH LAB 78 TRAFFICKING AFF EXTENSION FILE DOMETIC SURVIVORS LACK ACCESS TO SERVICES IRAZOLA 08 Dr.

Citizens and Legal Permanent Residents: The Forgotten Victims and Survivors http://www.SDI 09 SBH LAB 79 TRAFFICKING AFF EXTENSION FILE INCREASED SERVICES AND COOPERATION IS ESSENTIAL IRAZOLA 08 Dr. law enforcement. Whether victims/survivors are able to access specialized or mainstream services tailored to their specific needs will depend greatly on how well these services are linked to and coordinated across the multiple service providing agencies. Department of Justice funds 42 local task forces to help combat human trafficking (both domestic and transnational human trafficking) through the coordinated efforts of prosecutors.S. especially in cases where victims/survivors have crossed state borders as part of their exploitation.S. Since the passage of the TVPA in 2000.S. . significant efforts have been taken to improve coordinated service delivery to this population.icfi. social service providers. While these and other collaborative efforts are an important step forward. and others in the anti trafficking movement (G/TIP. there are a number of cities as well as suburban and rural communities that continue to lack coordinated task forces to assist in organizing service provision. Seri Irazola. ICF International Principle Investigator for the Human Trafficking Reporting System funded by the Bureau of Justice Statistics Trafficking of Therefore.asp?pubid=611. Additionally. coordinated efforts need to be expanded and built upon to better serve victims/survivors in all locations across the U. increased coordination is also needed across states. 2008). The U.

n96 .C. n94 This concern is misguided. since victims who seek permanent residency must undergo an application process that carefully scrutinizes their trafficking history. 451 LEXIS The congressional members who supported the cap on T visas argued that the restriction was necessary to prevent persons from fraudulently claiming to be victims of trafficking to remain in the United States increase the risk to traffickers and increase the protections for victims. Third World L.SDI 09 SBH LAB 80 TRAFFICKING AFF EXTENSION FILE AT:FRAUD ASSERTIONS THAT REMOVING THE CAP WOULD LEAD TO FRAUDULENT CLAIMS ARE FALSE DALRYMPLE 05 JOYCE KOO DALRYMPLE *Staff Writer. BOSTON COLLEGE THIRD WORLD LAW JOURNAL 25 B. the visa cap fails to conform to the purpose of the Act -. however.J. n95 Furthermore.

In short. n192 As border security has increased. simply drives them into the arms of high-priced smugglers. n194 As people find themselves trapped within the country. Increasing the cost of migration. however.S. migrants are trapped within the U. n193 In other words.S. while anti-smuggling efforts logically would seem to complement anti-trafficking efforts.S..SDI 09 SBH LAB 81 TRAFFICKING AFF EXTENSION FILE AT: BORDER INTERDICTION C-PLAN BORDER INTERDICTION MAKES THE HARMS OF TRTAFFICKING WORSE AND DOES NOTHING FOR THE MILLION VICTIMS ALREADY IN THE U. hired smugglers . n191 In the past. enforcement of anti-smuggling laws in the United States has followed a path that seems more likely to increase rather than decrease the trafficking problem. n190 Far from preventing trafficking. These services are costly. whereupon the contracted services ended. n189 Nonetheless. . they are even more beholden to their employers.provided very basic services. the net effect seems to be a shift in migration away from heavily guarded areas to the less guarded (and much more dangerous) areas along the southern border. not outside of it. As sociologist Maggy Lee has written. Davis.. that is to say. EFFORTS TO STOP HUMAN TRAFFICKING These border militarization efforts allowed government officials to demonstrate their attention to immigration issues through sheer physical presence and fiscal commitment. Smugglers may subject migrants to much worse conditions than they anticipated at the time of the agreement. these [*3010] efforts actually cut against anti-trafficking initiatives. Although they seem to have some success in preventing migration at the points of operation. They led their clients across the border. migrants are increasingly caught in coercive trafficking arrangements as the border becomes more treacherous and crossing the border becomes more costly. Chacon*Assistant Professor. the role of the smuggler has become far more complicated. and debts incurred leave migrants vulnerable to coercive labor arrangements. School of Law. these measures have not been effective in preventing the flow of undocumented migration.also known as coyotes . Furthermore. University of California. there is increasing evidence that migrants are less likely to return home as a result of border militarization. rather than deterring many migrants. services provided by the smuggler now often includ passage out of a country of origin. again increasing the probability that these migrants will be subject to exploitative arrangements. CHACON 06 Jennifer M.D. a transit location or locations as the case requires. J. faced with increasing criminal penalties on account of their presence. and transport to a final destination. Yale Law School Fordham Law Review 74:297 LEXIS MISERY AND MYOPIA: UNDERSTANDING THE FAILURES OF U.



Jennifer M. Chacon*Assistant Professor, University of California, Davis, School of Law; J.D., Yale Law School Fordham Law Review 74:297 LEXIS MISERY AND MYOPIA: UNDERSTANDING THE FAILURES OF U.S. EFFORTS TO STOP HUMAN TRAFFICKING Prosecution efforts also trump efforts to prevent trafficking. To date, border interdiction strategies have been the primary tool used to prevent trafficking in the United States. But border enforcement efforts have served to increase rather than decrease human trafficking. n297 These measures, which allow smugglers to charge ever-higher fees for their services, both increase the profits of transporting migrants across borders and make it more likely that the smuggled individual will be subjected to a peonage-style arrangement upon their arrival in the destination country. n298 Because those who pay for the services of smugglers do not fit the profile of the perfectly innocent victim, they are unlikely to receive the protections of the TVPA. Moreover, because Congress is now satisfied that the TVPA protects the only "true victims" of human trafficking, there is even less incentive to address the dearth of labor protections for all other undocumented workers in the United States.




Jennifer M. Chacon*Assistant Professor, University of California, Davis, School of Law; J.D., Yale Law School Fordham Law Review 74:297 LEXIS MISERY AND MYOPIA: UNDERSTANDING THE FAILURES OF U.S. EFFORTS TO STOP HUMAN TRAFFICKING In light of historically crabbed interpretations of the Thirteenth Amendment, the Commerce Clause has served as an important basis for legislation aimed at protecting workers. The Commerce Clause supplied the constitutional authority for the National Labor Relations Act ("NLRA"), n135 the FLSA, n136 and the Migrant and Seasonal Agricultural Worker Protection Act of 1983 ("MSPA"). n137 All three of these statutes regulate the conditions of the workplace - public and private - and provide a scheme of criminal penalties and civil remedies for their enforcement. While each of these three statutes provides some legal protection for workers, none is well equipped to remedy conduct that amounts to trafficking. There are at least three reasons for this. First, the protection of these laws does not apply to many trafficking victims. The Fair Labor Standards Act, which might be helpful for providing remedies to those who have been forced to work for little or no pay, excludes agricultural and domestic labor - two sectors that sweep in many exploited migrant laborers and other trafficking victims. n138 The National Labor Relations Act is most useful in unionized workplaces, n139 but the victims of trafficking are [*3001] frequently neither organized nor on the road to becoming organized. The Migrant and Seasonal Agricultural Worker Protection Act is specifically limited to certain workers. None of the Acts provide assistance to sex workers, who are performing work that has been widely criminalized. Second, these laws provide relatively light criminal penalties that are not viewed as well suited to remedy the sorts of egregious conduct involved in trafficking. n140 The FLSA, for example, only allows for fines and imprisonment for six months. n141 Third, and perhaps most importantly, the undocumented noncitizen workers who comprise the bulk of trafficking victims are themselves unauthorized workers and, as such, are encountering greater and greater obstacles in pursuing remedies under federal workplace protection statutes and their state law analogues. The Supreme Court accelerated this trend with its decision in Hoffman Plastic Compounds, Inc. v. NLRB. n142 In that case, the Court held that the National Labor Relations Board ("NLRB") was not authorized to award back pay to an undocumented worker who had been subject, in violation of the NLRA, to retaliatory discharge for his union-organizing activities. n143 A few district courts have applied the reasoning of Hoffman Plastics to bar relief under the FLSA. n144 Some state courts have also applied the reasoning of Hoffman Plastic to preclude the award of state court labor law remedies. n145 Thus, in addition to the logistical problems of obtaining representation, finding resources to bring suits, struggling through language barriers in court proceedings, n146 and sometimes dealing with issues of psychological trauma, n147 undocumented migrants must also contend with the fact that they [*3002] are ineligible for back pay awards and other compensation under the law because of their undocumented status.





Amy, Director of Media Relations for International Justice Mission

Washington, D.C., December 10, 2008 – On International Human Rights Day, Congress passed the Trafficking Victims Protection Reauthorization Act, HR7311. Originally signed into law in 2000, the reauthorization bill was passed at virtually the eleventh hour of the second lame duck session of the 110th Congress after House and Senate leaders reached a compromise. President Bush is expected to sign the bill into law in the coming days. The international human rights agency International Justice Mission applauded the efforts made by Senate and House leaders to come to agreement on the landmark piece of human rights legislation. “By passing this bill before President-elect Obama takes office, Congress has sent a strong, bipartisan message that it cares a great deal about slavery and trafficking, both at home and abroad,” said Holly Burkhalter, Vice President for Government Relations at International Justice Mission. “Members of Congress from across the political spectrum set aside their differences in order to enact legislation that makes major improvements in U.S. anti-slavery, anti-trafficking policy and practice.” The bill increased funding for the U.S. Department of State’s Global Trafficking in Persons office (G/TIP), which coordinates the U.S. response to human trafficking and modern-day slavery, and established several policy reforms. For example, HR7311 de-links benefits and services for trafficking victims in the U.S. from the requirement that they assist with Justice Department investigations and prosecutions. The bill also allows trafficking victims in the U.S. to qualify for a T-visa without necessarily participating in law enforcement efforts, with the expectation that victims will be more likely to come forward to assist prosecutors once they are assured that they will not be deported back to countries where they were abused, exploited, and trafficked.



Afton, Chasing the Flame

Renewing Our Commitment to Fight Human Trafficking On December 23rd, while most of us were finishing our holiday shopping, President Bush signed an important bill into law, enhancing U.S. measures against human trafficking. H.R.7311, the William Wilberforce Trafficking Victims Reauthorization Act, improves measures to combat trafficking in persons and authorizes appropriations through 2011 for the Trafficking Victims Protection Act of 2000. This bill is the newest weapon in the federal fight against trafficking, which according to NYT columnist Nicholas Kristof, is “one of President Bush’s few positive legacies in foreign affairs.” At the helm of this work is Ambassador Mark Lagon, who serves as the Director of the Office to Monitor and Combat Trafficking in Persons. In his remarks at the Promising Practices in International Programming Conference, he stated the following: “At the heart of U.S. government efforts to end human trafficking is a commitment to human dignity—a desire not only to rescue, but restore. As such, it is a great blessing to be allowed the opportunity to benefit the lives of the most degraded, most exploited, most dehumanized people in the world." This new legislation allows our leaders to do just that. According to the Polaris Project, it "significantly enhances the tools available to prosecute traffickers, and increases protection and services for U.S. citizens and foreign national victims in the U.S." One important provision of H.R. 7311 permits trafficking victims in the U.S. to receive services such as counseling and trauma assistance without necessarily participating in law enforcement efforts. Holly Burkhalter, VP for Government Relations at the International Justice Mission, says “this is an important reform. Many trafficking victims are afraid to come forward to receive services they need because they are afraid of law enforcement officials. By allowing trafficking victims to receive services...before they make a decision about participating in prosecution, victims will receive the care they need and be in a better position to contribute to those law enforcement efforts.” The bill also strengthens international measures against these crimes, outlining actions to be taken against governments who fail to meet minimum standards for the elimination of trafficking. In addition, H.R. 7311 authorizes new research and data collection tools to improve our understanding of trafficking trends around the world in the U.S.

In these situations. The new 8 CFR § 245. or they can demonstrate that they would suffer extreme hardship involving unusual and severe harm if they were removed. The adjustment of status regulations need to account for the same. There is no formal process to request such certification. Case files may be in storage and may not be easily obtainable. also fails to consider two other common situations: 1) investigation by state or local law enforcement. they have either complied with any reasonable request for assistance by law enforcement. requiring certification from the Attorney General. as it is. at the time of filing for adjustment of status. Many years have passed since some of these applications were filed. as appropriate. Requiring Attorney General certification three years later. T applicants for adjustment of status should be able to document that they complied with reasonable requests for assistance based on credible secondary evidence.1 However. Such a requirement does not comport with the VTVPA’s “victim-centered approach to trafficking. adding a clause that eliminated the need for trafficked minors to assist law enforcement. in many cases it was difficult to obtain the initial law enforcement certification required for the visa application.aspx?docid=28016 Analysys of new rules published in Federal Register regulating T and U Visas At the time the interim final rule was published. and vesting with DHS the authority to determine if an adult applicant complied with reasonable requests for assistance. Applicants for adjustment of status should be afforded the opportunity to document these continued efforts. increases the evidentiary burden without purpose. inter” The T visa regulations account for the hurdles victims face in obtaining a signed LEA endorsement documenting assistance by permitting “credible secondary evidence and affidavits…to explain the nonexistence or unavailability” of the LEA endorsement. in consultation with the Attorney General. In addition. HR 7311 amended this language. the statute now shifts this determination to the “Secretary of Homeland Security. the statute provided that nonimmigrants admitted in T status may adjust to permanent residency if.aila. it would be near impossible for an applicant to obtain Attorney General certification.3 Whereas the statute previously required the Attorney General’s opinion to adjudicate compliance. Since “an applicant who never has had contact with an LEA regarding the acts of severe forms of trafficking in persons will not be eligible for T-1 nonimmigrant status. For example.” In light of this legislative change. and 2) where law enforcement chose not to investigate at all.”all such applicants for adjustment of status have already made efforts to reach out to law enforcement. This is particularly important as many applications for T status were approved without a federal law enforcement agency (LEA) endorsement. This extra level of certification creates an undue burden for T visa holders. . it is very difficult to get the Department of Justice to respond to many reported instances of trafficking. Law enforcement officials who may have worked on the initial case have moved on to other careers or have retired.SDI 09 SBH LAB 86 TRAFFICKING AFF EXTENSION FILE THE PROSECUTORIAL COOPERATION REQUIREMENT WAS NOT EFFECTIVELY REMOVED THE PRECUTORIAL COOPERATION REQUIREMENT WAS ONLY ELIMINATED FOR MINORS AND THE HARDSHIP REQUIREMENT WAS NOT ELIMINATED AMERICAN IMMIGRATION LAWYERS ASSOCIATION 09 http://www. there is little guidance on what a certification from law enforcement should look like or if a form will be issued. and there is nothing in either the statute or the regulations to compel the AG from considering requests for certification.23(f)(1).


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