Ending Modern-Day Slavery: Using Research to Inform U.S. Anti-Human Trafficking Efforts by Maureen Q. McGough NIJ study examines the challenges facing the criminal justice system when combating human trafficking. rafficking in persons is modern- Homeland Security’s Blue Campaign day slavery and exists in unites anti-human trafficking pro- Tvirtually every country in the grams and offers resources for law world — and the United States is no enforcement and the public to help exception.1 Almost 150 years after raise awareness and provide much- the 13th Amendment abolished slav- needed training.3 ery and involuntary servitude, there are still men, women and children Despite growing awareness of the enslaved into labor and commercial issue and an influx of resources from sexual exploitation in the U.S. (see such influential bodies as the United sidebar, “Understanding Modern- Nations and other intergovernmental Day Slavery,” on page 27). organizations, foundations, non- governmental organizations and the In recent years the worldwide U.S. government, the field is still human trafficking problem has hampered by its inability to measure attracted significant political and the size and scope of trafficking.4 social attention. Awareness-raising initiatives such as the United Nation’s The data used to estimate the Blue Heart Campaign2 encourage prevalence of human trafficking in involvement and action to fight the U.S. are lacking in scope and human trafficking on a global scale. quality at the federal, state and In the U.S., the Department of local levels.5 The lack of reliable 26 NIJ JOURNAL / ISSUE NO. 271 ■ FEBRUARY 2013 data and a dependence on inad- equate evidence have fueled “[The stories of human trafficking victims] remind disagreement among anti-human us what kind of inhumane treatment we are capable trafficking movements in this coun- try, and some researchers have of as human beings. They are living, breathing criticized the issue as unsubstanti- ated and estimates of the problem as reminders that the war against slavery dubious.6 Recent estimates of people trafficked into the U.S. each year, for remains unfinished.” example, have varied widely from a low of approximately 14,500 to a —U.S. Secretary of State Hillary Clinton, at the release of the U.S. State Department’s 7 high of approximately 50,000. 2012 Trafficking in Persons Report, June 19, 2012 Unfortunately, challenges also exist in gauging the effectiveness of the criminal justice system’s response. level.8 NIJ has funded a number of little to no freedom of movement.9 Rates of identification, investigation projects to improve data collection They restrict victims’ contact with and prosecution are of limited value and analysis of the issue. This article the outside world.10 Domestic ser- in determining the effectiveness of discusses one recent study that vants remain “invisible” in private U.S. responses to human trafficking looked specifically at the challenges homes, and private businesses can because the data supporting preva- facing state and local criminal justice serve as fronts for trafficking opera- lence estimates are unreliable. systems. tions.11 Many victims face language barriers that prevent them from seek- Research can play an invaluable ing help. Additionally, international role in understanding the criminal A Hidden Crime victims who enter the U.S. may be justice system’s ability to respond to The nature of human trafficking uncertain of their immigration status trafficking and in identifying obsta- helps keep this crime hidden. and thus less inclined to work with cles that hinder current efforts. The Captors often closely guard their authorities. need for robust research is all the victims, leaving them isolated with more pressing given restricted bud- gets and declining resources. At a time when governments increasingly are looking to use evidence-based Understanding Modern-Day Slavery practices, policymakers and practi- tioners are looking to the research community to produce the data needed to analyze the impact of ost countries banned “chattel slavery” — one person owning anti-trafficking efforts. Manother person as property — in the 1800s. Despite this, slav- ery continues in the modern day. Although owning slaves used to be a The problem can be cyclical — major investment formalized through legal documents, today’s slaves without accurate estimates of the are held through debt bondage, indentured servitude or other forms of prevalence of human trafficking, control. it can be difficult to know how to For more than a decade, the phrase “human trafficking” has been used allocate resources to study the to describe the act of holding a person in forced service — the very issue. The U.S. State Department’s definition of slavery. The term can cause confusion, however, because annual compendium of countries’ it implies that traffickers always transport victims across borders; in anti-human trafficking efforts, the actuality, victims can also be held in their own homes. Experts maintain Trafficking in Persons Report, rec- that when considering the issue of human trafficking, it is important to ognizes this data deficiency and do so in an accurate context — acknowledging that trafficking is mod- recommends that the U.S. improve ern slavery and that trafficked persons are slaves. the data and analysis of human traf- ficking cases at the state and local Ending Modern-Day Slavery: Using Research to Inform U.S. Anti-Human Trafficking Efforts | 27 NIJ JOURNAL / ISSUE NO. 271 ■ FEBRUARY 2013 Furthermore, victims, for a variety of reasons, do not always identify them- “[Human trafficking] ought to concern selves as such. Human trafficking victims suffer tragic psychological every person because it is a debasement of our trauma and may experience Stockholm syndrome, generating common humanity. It ought to concern every positive feelings and gratitude toward their captors for perceived favors or community because it tears at our social fabric. even for being allowed to live.12 Law enforcement commonly lacks train- It ought to concern every business ing to identify these signs of trauma, making it difficult for them to sever because it distorts markets. It ought the controlling bond that captors have over their victims and decreas- ing the likelihood that victims will to concern every nation because it cooperate.13 Even if victims identify themselves as such and are aware of endangers public health and fuels violence their rights, they still might hesitate to report their victimization out of and organized crime.” fear of reprisal from the trafficker, lack of trust in law enforcement or —President Barack Obama, fear of deportation.14 remarks at the Clinton Global Initiative Annual Meeting, September 25, 2012 Challenges at the State and Local Levels of state and local law enforcement 12-site study that included in-depth Since the passage of the Trafficking personnel, 32 percent of respon- interviews with 166 practitioners Victims Protection Act in 2000, dents indicated that they identified from federal, state and local law 49 states have enacted legislation many of their human trafficking enforcement; state and federal pros- that criminalizes human trafficking cases when they were investigating ecutors; victim service providers; and and empowers state and local other crimes.17 other stakeholders. The researchers law enforcement — often the also analyzed data from 140 closed first responders to interact with Despite this increased involvement, human trafficking case files20 to victims — to investigate these reports show that fewer trafficking determine which characteristics of cases without depending on federal cases have been identified and human trafficking cases attract local authorities and to prosecute human prosecuted than would be expected law enforcement’s attention and trafficking cases in state courts.15 given current estimates.18 This predict adjudicatory outcomes.21 has led to speculation that either Although the study is not nationally Increased involvement of state incidents of human trafficking are representative, the findings can help and local law enforcement is criti- significantly overestimated or govern- us understand why the number of cal because they handle the bulk of ment officials and law enforcement human trafficking cases is lower criminal cases in the United States. agencies are not effectively confront- than estimates of the problem might Even before the passage of state ing the problem.19 predict. Here is what the researchers anti-trafficking legislation, federal law found: enforcement requested that state NIJ funded Amy Farrell and her and local officers “be the eyes and colleagues at Northeastern Identification challenges ears for [federal law enforcement in] University and researchers at the The study confirmed that identify- recognizing, uncovering and respond- Urban Institute to examine the chal- ing victims is particularly challenging ing to circumstances that may appear lenges facing state and local criminal because perpetrators hide and to be routine street crime, but may justice systems when investigating move their victims. The interviews ultimately turn out to be a human and prosecuting human trafficking also revealed that the cultural and trafficking case.”16 In fact, in a survey cases. The researchers conducted a 28 | Ending Modern-Day Slavery: Using Research to Inform U.S. Anti-Human Trafficking Efforts NIJ JOURNAL / ISSUE NO. 271 ■ FEBRUARY 2013 The Prevalence of Labor Trafficking in the United States n the NIJ-funded