Human Trafficking

What is human trafficking?

Trafficking is a complex concept that can occur in many different situations.  Trafficking is a form of human slavery and can include sex acts or forced labor.

Trafficking is defined as:

  1. Sex: sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; OR​​ ​ 
  2. Labor: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

The Ends-Means-Process Model may be helpful to identify trafficking:

EndsMeansProcess
Involuntary Servitude, Debt Bondage, Commercial Sex ActForce, Fraud, Coercion (none needed for child sex trafficking)Recruit, harbor, transport, provide, obtain

Source: EMP Model, available at: https://casttta.nationbuilder.com/emp_model

SmugglingLabor ExploitationLabor Trafficking
Transporting a person to help them cross a border to enter the United States. This is a voluntary action or agreement.Broad term for unfair, illegal or unethical labor practices, including long hours, insufficient pay, harsh working conditions, interference with workers’ rights, etc.Transporting a person through the use of force, fraud or coercion (scheme, pattern of plan) for the purpose of debt bondage (see EMP model for others)
Transporting a person to help them cross a border to enter the United States. This is a voluntary action or agreement.Broad term for unfair, illegal or unethical labor practices, including long hours, insufficient pay, harsh working conditions, interference with workers’ rights, etc.Transporting a person through the use of force, fraud or coercion (scheme, pattern of plan) for the purpose of debt bondage (see EMP model for others)
Providing false documents to a person to help them voluntarily illegally enter the United States Involuntary action, compelled or forced to do (or not do) something
Smuggling can turn into a trafficking situation, for explample, if a person is exploited for commercial sex acts, or forced or coerced by threats, fraud or a similar means, into involuntary labor or indentured servitude.  

OTIP Certification Letter

The benefits for a child with an OTIP Certification letter as similar to the benefits provided to a refugee in terms of cash assistance and access to public programs, including FAFSA.

Continued Presence

Law enforcement obtains to protect the survivor from deportation, may be done without an attorney or a T visa petition.

Bona Fide Determination (BFD)

After receiving a T visa application, USCIS will issue a determination on whether the application is bona fide, or made in good faith. BFD is not an approval, but while the decision is pending on approval, the BFD makes the applicant eligible for deferred action, work permit and SSN.

Benefits for T Visa Applicant and Family

Spouse, parents, and unmarried siblings under 18 are potential T derivatives.

Adjustment of Status

After 3 years post-approval or when the investigation is closed.

Where can I get more information or request assistance?

Request Assistance for a Child: childtrafficking@acf.hhs.gov or 202-205-4582 24/7 National Trafficking Hotline: 1-888-373-7888 or help@humantraffickinghotline.org

Issue Spotting:

  1. Tell/Explain/Describe—

Labor

  1. Who arranged your travel to the United States?
  2. What was the total cost?
  3. How were they going to be paid? 
  4. Who was responsible for that?
  5. Did you have to do anything in order to get them to help you?
  6. Were you pressured to do anything that you didn’t want to do?
  7. Like what?
  8. What do you think would happen if they were not paid?
  9. What did you expect you would do after arrival to United States?
  10. Have you ever owed a debt?  Do you owe anyone a debt now?
  11. Does your family owe a debt for your travel?  Are you responsible for that?

Sex

  1. Many teenagers have had sexual experiences. Some of them are listed below.
  2. Have you ever had sexual contact with another person? Was that person an adult?  Please describe.
  3. Have you ever had a sexual experience with an adult?
  4. Have you ever been told to touch your own body while someone else watched you? 
  5. Have you ever had photos taken of you while naked?
  6. Has anyone ever told you to do something with your body (or their body) that made you uncomfortable?
  7. Have you ever felt you had to do something sexually in exchange for a place to stay, or food or protection or affection or anything else?

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