Human Trafficking Efforts by Maureen Q

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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

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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 country, 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 practitioners 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, slavery 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 trafficking cases at the state and local

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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

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The Prevalence of Labor Trafficking in the United States

n the NIJ-funded study dis- researchers found that police victimization appeared to be Icussed in the main article, and prosecutors were commonly rampant among unauthorized researchers found that the major- unfamiliar with labor laws and Spanish-speaking immigrant ity of cases identified by law regulations and lacked the infra- workers in the county, with an enforcement involved sex traf- structure to identify instances of estimate that more than 30 ficking. Only 11 percent of cases labor trafficking in various workplace percent of this target population were labor trafficking cases; settings. were labor trafficking victims.4 cases with both labor and sex Empirical research follows the same If the numbers coming out of trafficking made up an additional tendency to focus on sex traffick- San Diego County are any 4 percent. Federal and state data ing. In an NIJ-funded bibliography indication of prevalence in other indicate that more investigations of research literature on human parts of the country, there is a and prosecutions take place for trafficking, researchers found that significant, immediate need for sex trafficking than for labor the majority of articles addressed a greater understanding of the trafficking. sex trafficking. Indeed, out of 39 scope, scale and methods of Notably, however, in the U.S. articles, only four dealt with traffick- labor trafficking on a national State Department’s 2012 ing for labor exploitation or domestic level to support and inform Trafficking in Persons Report, servitude.3 critical anti-trafficking efforts. victim services providers in the Accordingly, NIJ plans to focus The lack of knowledge about the U.S. reported assisting signifi- forthcoming solicitations (depen- scope and scale of labor trafficking cantly more foreign-national labor dent on funding availability) on in this country is particularly con- trafficking victims than sex traf- the prevalence and methods cerning given U.S. agriculture’s ficking victims.1 Concurrently, the of labor trafficking in the U.S. heavy reliance on migrant laborers. Department of Health and Human To shed light on the issue, NIJ Services has seen a steady rise in funded a study of migrant labor- labor trafficking victims, and non- ers in San Diego County; the study governmental organizations have For more information: used respondent-driven sampling reported increasing instances of ■ See http://www.nij.gov/nij/ to produce statistical estimates traveling sales crews and peddling topics/crime/human-trafficking/ of labor trafficking in the area. The rings using child and adult forced welcome.htm. study found that labor trafficking labor in the U.S.2 Some research suggests that labor trafficking victims are harder Notes to identify than sex trafficking 1. U.S. Department of State, Trafficking in Persons Report, Washington, D.C.: victims, given that international Author, 2012, p. 360, available at http://www.state.gov/j/tip/rls/tiprpt/2012. victims may be mistaken for 2. Ibid. smuggled immigrants. Further, 3. Go´zdziak, Elz˙bieta M., and Micah N. Bump, “Data and Research on Human the victimization of labor traffick- Trafficking: Bibliography of Research-Based Literature,” Final report to the ing victims (many of whom are National Institute of Justice, grant number 2007-VT-BX-K002, October male) may be seen as less com- 2008, NCJ 224392, p. 7, available at https://www.ncjrs.gov/pdffiles1/nij/ pelling than that of sex trafficking grants/224392.pdf. victims (many of whom are young 4. Zhang, Sheldon X., “Looking for a Hidden Population: Trafficking of Migrant women). In the NIJ-funded study Laborers in San Diego County,” Final report to the National Institute of discussed in the main article, Justice, grant number 2009-IJ-CX-0011, November 2012, NCJ 240223, available at https://www.ncjrs.gov/pdffiles1/nij/grants/240223.pdf.

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organizational characteristics of One of the law enforcement prac- police agencies can hinder efforts Although we still need titioners interviewed explained the to identify victims and that local reliable estimates of potential impact that additional law enforcement and communities resources could have on combating generally do not make combating nationwide prevalence, trafficking by providing victims with a human trafficking a priority.22 This viable alternative: often means fewer resources for it is clear that human training and staff for labor-intensive We have nothing to say, “Hey, I investigations. trafficking occurs can put you up in … this place. And I can help you get an educa- The cases the researchers reviewed on a large scale within tion. And I can help you get a job. had primarily been identified through And I can help you take care of reactive approaches, illustrating that U.S. borders. your kids.” You know, we don’t officers generally wait for victims to have that. If I had that, man … self-identify or for community tips we could stop prostitution. about potential victimization to be were more likely to prosecute using received before they launch investi- laws with which they, judges and Interviews with law enforcement gations. The researchers found that juries were more familiar, such as officers also revealed that some law enforcement uniformly lamented promoting prostitution, kidnapping officers had negative stereotypes the lack of identified labor traffick- or fraud. about the people commonly found ing cases, suggesting that although to be victims of human traffick- officers believe labor trafficking is Interviews with practitioners con- ing, especially those involved with occurring in local communities, they firmed what other research has prostitution and those with drug have not received information about shown: Victims were reluctant addictions. Some reported the these cases. The use of proactive to cooperate with investigations use of derogatory terms for victims, strategies to identify trafficking cases because they either feared retalia- and one officer said, “Victims are was uncommon and rarely involved tion from their trafficker or distrusted often unreliable, often addicted cooperation between law enforce- law enforcement. In some cases, to drugs. It’s probably easier to ment and prosecutors. because jurisdictions lacked special- prosecute homicides because the ized services for trafficking victims, victims are dead.” Investigation challenges such as secure housing, law enforce- Researchers in the Northeastern ment officers arrested victims to Law enforcement commonly lacked University/Urban Institute study keep them from returning to their training on how to investigate human reviewed 140 closed trafficking traffickers or to help them feel safe trafficking cases. The researchers case files to determine whether from pimps and thereby encourage found that in many study sites, the evidence supported a charge the victims’ cooperation in the vice investigators were conduct- of human trafficking as outlined in investigation. Although the arrest ing human trafficking investigations the Trafficking Victims Protection was often for the victim’s protec- using standard vice investigation Act and its reauthorizations.23 The tion, it essentially resulted in the strategies geared toward drug and review found evidence of human victim being treated like a suspect. gambling crimes, further reducing trafficking in the majority of the These victims may feel revictimized the likelihood of a successful traffick- cases. Among the indicators and experience the same negative ing investigation. found were threatening to harm or emotions they experienced in the actually physically or nonphysically trafficking situation, thus adding to Additionally, many trafficking cases harming the victim; demeaning and often pre-existing distrust of law are cross-jurisdictional, and agencies 26 demoralizing the victim; dominat- enforcement. reported that cases often fell apart ing, intimidating and controlling the when they lacked the resources or victim; and disorienting and depriving Specialized services for traffick- institutional support to gather evi- the victim of alternatives.24 However, ing victims are all the more critical dence or conduct interviews in other few suspects were actually charged because victims’ loyalty to their states. Importantly, officers indicated with human trafficking offenses.25 traffickers may stem, in part, from that they could not dedicate time and Even when they received specific feelings that they have no practical resources to investigate cases they human trafficking cases, prosecutors alternatives to their current situation. felt would not result in prosecution.

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Therefore, the reluctance of pros- law enforcement routinely investigate an otherwise obscure problem. To ecutors to file charges in human human trafficking cases as such, further this body of research, NIJ trafficking cases created a negative crime data reported through the UCR recently awarded grants to study: feedback loop, in some instances will inevitably undercount instances diminishing an investigator’s deter- of human trafficking. Underreporting ■ The underreporting of sex traffick- mination to identify and investigate could be more harmful than no ing victims who are minors these challenging cases. reporting at all, particularly when ■ The role that gangs play in sex agencies tie funding decisions to trafficking Prosecution challenges what the crime data show are the Because state statutes on human most prevalent problems. ■ Effective counter-trafficking legisla- trafficking are relatively new, there is tion, law enforcement processes a lack of precedent and case law, and The Road Ahead and demand-reduction strategies prosecutors operate with little or no Human trafficking is believed to be ■ Strategies to stabilize and integrate guidance on prosecutorial techniques a growing crime, fueled by low risk adult survivors of human trafficking or other resources, such as sample and the potential for high monetary in the U.S. jury instructions. Many prosecutors gain. Although we still need reliable interviewed in the study by Farrell estimates of nationwide prevalence, and colleagues said they were it is clear that human trafficking About the author: Maureen Q. McGough concerned about losing high-profile occurs on a large scale within U.S. is an attorney and international cases (and damaging their reputa- borders.27 research partnership specialist in NIJ’s tion), and so they prosecuted cases Office of Research Partnerships. using a charge other than human Identifying, understanding and trafficking. A local prosecutor said, combating this inherently covert NCJ 240701 “[T]hat was sort of the unwritten form of modern-day slavery requires policy of the office: ‘Why bother robust research to shed light on with this goofy human trafficking statute, just charge other crimes that you are more comfortable with and that you have used in the past.’” Listen to Amy Farrell For more information: discuss the study’s Prosecutors also reported that vic- ■ Learn more about the study and findings at the 2012 NIJ NIJ’s ongoing research on human tims were often reluctant to testify Conference: http://nij.ncjrs. or did not seem credible, and most gov/multimedia/video- trafficking: http://nij.gov/topics/crime/ state and local agencies lacked the nijconf2012-farrell.htm. human-trafficking/welcome.htm. institutional infrastructure (such as a specialized human trafficking unit) to support prosecution. Notes Although few of the cases studied 1. See generally U.S. Department of coercion, or in which the person induced to perform such act has State, Trafficking in Persons Report, resulted in suspects being charged not attained 18 years of age; or for human trafficking offenses, Washington, D.C.: Author, 2012, available at http://www.state.gov/ the recruitment, harboring, trans- offenders were held accountable j/tip/rls/tiprpt/2012. portation, provision or obtaining of a in 69 percent of the cases, in that person for labor or services, through 2. For more information on the Blue they were prosecuted for different the use of force, fraud or coercion Heart Campaign, visit http://www. for the purpose of subjection to offenses, such as rape, kidnap- unodc.org/blueheart/en/about-us. involuntary servitude, peonage, ping or pandering. However, this html. debt bondage or slavery” (TVPA, poses an obvious problem in crime 3. For more information on the Section 103, 8a and b). reporting. For example, the 2008 Department of Homeland Security’s 5. Farrell, Amy, Jack McDevitt, reauthorization of the Trafficking Blue Campaign, visit http://www. Noam Perry, Stephanie Fahy, Kate Victims Protection Act mandates dhs.gov/blue-campaign. Chamberlain, William Adams, that the FBI collect information about 4. The Trafficking Victims Protection Colleen Owens, Meredith Dank, Act (TVPA) defines a severe form of Michael Shively, Ryan Kling, and human trafficking offenses through Kristin Wheeler, “Review of Existing the Uniform Crime Reporting (UCR) human trafficking as, “A commercial sex act induced by force, fraud or Estimates of Victims of Human program. But unless state and local

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Trafficking in the United States and www.time.com/time/magazine/ human trafficking but prosecuted Recommendations for Improving article/0,9171,1920301,00.html. locally as a different crime, locally Research and Measurement of investigated as trafficking but 13. Walker-Rodriguez, Amanda, and Human Trafficking,” Final report to prosecuted federally, locally Rodney Hill, “Human Sex Trafficking,” ATEST, 2010, pg. vii and 9. investigated as trafficking but never Law Enforcement Bulletin (March prosecuted, or prosecuted locally as 6. Weitzer, Ronald, “The Social 2011), available at http://www.fbi. trafficking but originally identified as Construction of Sex Trafficking: gov/stats-services/publications/ a different crime. Ideology and Institutionalization of a law-enforcement-bulletin/ Moral Crusade,” Politics & Society march_2011/human_sex_trafficking. 21. Farrell 2012, 19. 35 (2010): 447-448, available at 14. Newton, Phyllis J., Timothy M. 22. Notably, a different survey found http://myweb.dal.ca/mgoodyea/ Mulcahy, and Susan E. Martin, that between 73 percent and Documents/Migration%20studies/ “Finding Victims of Human 77 percent of local law enforcement The%20social%20construction%20 Trafficking,” Final report to the leaders think that human trafficking of%20sex%20trafficking%20 National Institute of Justice, grant is rare or nonexistent in their com- Weitzer%20Pol%20Soc%20 number 2007-VT-BX-0001, October munity, further explaining the lack 2007%20%2035(3)%20%20447- 2008, NCJ 224393, available at of prioritization of trafficking. Farrell, 475.pdf. https://www.ncjrs.gov/pdffiles1/nij/ Amy, Jack McDevitt, and Stephanie 7. Clawson, Heather J., Nicole Dutch, grants/224393.pdf. See also Office Fahy, “Understanding and Improving Amy Solomon, and Lisa Goldblatt of Refugee Resettlement, Fact Law Enforcement Responses to Grace, Human Trafficking Into and Sheet: Identifying Victims of Human Human Trafficking: Final Report,” Within the United States: A Review Trafficking, U.S. Department of Final report to the National Institute of the Literature, Washington, Health and Human Services, 2012, of Justice, grant number 2005-IJ- D.C.: U.S. Department of Health available at http://www.acf.hhs.gov/ CX-0045, December 2008, NCJ and Human Services, 2009, avail- programs/orr/resource/fact-sheet- 222752, available at https://www. able at http://aspe.hhs.gov/hsp/07/ identifying-victims-of-human- ncjrs.gov/pdffiles1/nij/grants/ HumanTrafficking/LitRev. trafficking. 222752.pdf. 8. Trafficking in Persons Report, 12. 15. Farrell, Amy, Jack McDevitt, 23. The TVPA (and its reauthorizations) Rebecca Pfeffer, Stephanie Fahy, define a human trafficking victim as 9. Clawson, Heather J., and Nicole Colleen Owens, Meredith Dank, a person induced to perform labor or Dutch, Identifying Victims of Human and William Adams, “Identifying a commercial sex act through force, Trafficking: Inherent Challenges and Challenges to Improve the fraud or coercion. Promising Strategies from the Field, Investigation and Prosecution of Washington, D.C.: U.S. Department 24. Farrell 2012, 306. State and Local Human Trafficking of Health and Human Services, Cases,” Final report to the National 25. Seven percent of the reviewed 2008, available at http://aspe. Institute of Justice, grant num- cases resulted in a sex trafficking hhs.gov/hsp/07/humantrafficking/ ber 2009-IJ-CX-0015, April 2012, charge, 9 percent in a sex trafficking IdentVict/ib.htm. NCJ 238795, available at https:// of a minor charge, and 2 percent in 10. Ibid. www.ncjrs.gov/pdffiles1/nij/ a labor trafficking charge. grants/238795.pdf. 11. Clawson, Heather, Mary Layne, and 26. Farrell 2012, 121. Kevonne Small, “Estimating Human 16. Ibid., 3. 27. Hopper, Elizabeth, “Underidentifi- Trafficking into the United States: 17. Clawson, Heather, Nicole Dutch, cation of Human Trafficking Victims Development of a Methodology,” and Megan Cummings, “Law in the United States,” Journal of Final report to the National Institute Enforcement Response to Human Social Work Research and Evaluation of Justice, task order number Trafficking and the Implications 5 (2004): 125-136. See generally 2004T0178, September 2006, for Victims: Current Practices and Clawson, Layne and Small 2006; NCJ 215475, available at https:// Lessons Learned,” Final report to U.S. Department of State, Trafficking www.ncjrs.gov/pdffiles1/nij/ the National Institute of Justice, in Persons Reports, Washington, grants/215475.pdf. grant number 2004-WG-BX-0088, D.C.: Author, 2001-2012, available at 12. See Office of Refugee December 2006, NCJ 216547, p. iv, http://www.state.gov/j/tip/rls/tiprpt/ Resettlement, “Fact Sheet: Labor available at https://www.ncjrs.gov/ index.htm; and Zhang, Sheldon X., Trafficking,” U.S. Department pdffiles1/nij/grants/216547.pdf. “Looking for a Hidden Population: of Health and Human Services, Trafficking of Migrant Laborers in 18. Farrell 2012, 1. 2012, available at http://www.acf. San Diego County,” Final report to hhs.gov/programs/orr/resource/ 19. Ibid. the National Institute of Justice, fact-sheet-labor-trafficking-english, grant number 2009-IJ-CX-0011, 20. A “human trafficking case file” and Fitzgerald, Laura, “Stockholm November 2012, NCJ 240223, included cases investigated as Syndrome,” Time Magazine available at https://www.ncjrs.gov/ human trafficking and prosecuted (August 2009), available at http:// pdffiles1/nij/grants/240223.pdf. locally as such, investigated as

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