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Understanding the Organization, Operation, and Victimization Process of Labor Trafficking in the United States

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Understanding the Organization, Operation, and Victimization Process of Labor Trafficking in the United States CRIME AND JUSTICE RESEARCH REPORT Understanding the Organization, Operation, and Victimization Process of Labor Trafficking in the United States Colleen Owens Meredith Dank, PhD Justin Breaux Isela Bañuelos URBAN INSTITUTE URBAN INSTITUTE URBAN INSTITUTE URBAN INSTITUTE Amy Farrell, PhD Rebecca Pfeffer, PhD Katie Bright Ryan Heitsmith NORTHEASTERN UNIVERSITY NORTHEASTERN UNIVERSITY NORTHEASTERN UNIVERSITY NORTHEASTERN UNIVERSITY Jack McDevitt, PhD NORTHEASTERN UNIVERSITY October 2014 ABOUT THE URBAN INSTITUTE The nonprofit Urban Institute is dedicated to elevating the debate on social and economic policy. For nearly five decades, Urban scholars have conducted research and offered evidence-based solutions that improve lives and strengthen communities across a rapidly urbanizing world. Their objective research helps expand opportunities for all, reduce hardship among the most vulnerable, and strengthen the effectiveness of the public sector. The Urban Institute is a nonprofit policy research organization. It has been incorporated and is operated as a public charity. It has received official IRS recognition of its tax-exempt status under sections 501(c)(3) and 509(a)(2) of the Internal Revenue Code. The Institute’s federal ID number is 52-0880375. Donations will be tax deductible and may be disclosed to the IRS and the public, unless given anonymously. We are committed to transparent accounting of the resources we receive. In addition to required tax filings, a copy of the Urban Institute’s audited financial statement is available to anyone who requests it. Copyright © 2014. Urban Institute. Permission is granted for reproduction of this file, with attribution to the Urban Institute. Cover image by Matthew Johnson. Contents Acknowledgments v Abstract vii Executive Summary ix Chapter 1: Introduction 1 Statement of the Problem 1 Literature Review 4 Rationale for Research 15 Chapter 2: Methodology 17 Site Selection and Data Collection 17 Analysis 21 Limitations 22 Chapter 3: Characteristics of Victims and Suspects 24 Labor Trafficking Perpetrators 34 Chapter 4: Recruitment into Labor Trafficking 44 Chapter 5: Movement 59 Chapter 6: Labor Trafficking Victimization and Labor Exploitation Experiences 75 Chapter 7: Escape from Labor Trafficking 100 Chapter 8: After the Escape: Labor Trafficking Survivors’ Needs, Service Provision, and Outcomes 120 Chapter 9: Criminal Justice Process 165 Chapter 10: Conclusion and Recommendations 198 Discussion 198 Recommendations 204 Recommendations for Further Research 217 Notes 219 References 223 Appendix A: Venn Diagram of Labor Exploitation, Child Labor, and Labor Trafficking 226 Appendix B: Site Selection Screening Protocol 227 Appendix C: Client Case Coding Instrument 231 Appendix D: Service Provider Interview Protocol 238 Appendix E: Recruitment Guide 243 Appendix F: Spanish and Tagalog-Translated Consent Form and Project Descriptions 247 Appendix G: Survivor Interview Protocol (English and Spanish) 252 Appendix H: Survivor Consent Form 273 Appendix I: Migrant Farmworker Focus Group Protocol 275 Appendix J: Law Enforcement Interview Protocol 279 Appendix K: Department of Labor Interview Protocol 285 Acknowledgments This project was awarded by the National Institute of Justice, Office of Justice Programs, US Department of Justice (supported by Award No. 2011-IJ-CX-0026). The authors thank a number of individuals for their advice, support, and tireless dedication during the course of this study, especially Juan Pedroza, Debbie Mayer, Leila Collins, Lilly Yu, Stephanie Fahy, and Brittany Rumble for their assistance with protocol development; data collection, cleaning, and coding; and editing. We also thank William Adams of the Urban Institute for his careful review of this report. We are indebted to the Urban Institute Communications team for their tireless efforts to support this study. Specifically, we thank Kate Villarreal, Stu Kantor, Matthew Johnson, Christina Baird, Fiona Blackshaw, Elizabeth Forney, Timothy Meko, and Ashleigh Rich. We are grateful for the support and assistance of John Picarelli and Maureen McGough of the National Institute of Justice. We also extend a very special thanks to Florrie Burke, Bill Bernstein, and the individuals who served on our advisory board for sharing their knowledge, expertise, and guidance. The narratives and data collected for this report would not have been possible without the cooperation of the Freedom Network service provider staff members in our study sites. We are extremely grateful for their assistance facilitating access to case records, helping coordinate survivor interviews, and sharing their insights, experiences, and recommendations. We are also indebted to the investigators, prosecutors, and regulators in each study site who provided information during interviews. Many interpreters provided careful and sensitive interpretation and translation throughout our project, including fellow Urban colleagues Erwin de Leon, Juan Pedroza, and Isela Bañuelos, and numerous individuals who remain anonymous. Lastly, we would like to express our utmost respect and gratitude to the many survivors who graciously shared their stories and their time with us. We know that for many, this discussion was not easy. We were inspired by their courage and we know that the information they provided will be used to prevent similar abuses from happening to others. We dedicate our report to survivors of human trafficking in the United States and around the world, and to the men, women, and children who have yet to see freedom. The Urban Institute strives for the highest standards of integrity and quality in its research, analyses, and policy recommendations. Urban scholars believe that independence, rigor, and A CKNOWLEDGMENTS V transparency are essential to upholding those standards. Funders do not determine research findings or influence scholars’ conclusions. As an organization, the Urban Institute does not take positions on issues. Urban scholars and experts are independent and empowered to share their evidence-based views and recommendations shaped by research. The opinions, findings, conclusions, and recommendations expressed in this document are those of the authors and do not necessarily reflect those of the US Department of Justice or of the Urban Institute, its trustees, or its funders. VI A CKNOWLEDGMENTS Abstract This study examines the organization, operation, and victimization process of labor trafficking across multiple industries in the United States. It examines labor trafficking victim abuse and exploitation along a continuum, from victims’ recruitment for work in the United States; through their migration experiences (if any), employment victimization experiences, and efforts to seek help; to their ultimate escape and receipt of services. Data for this study came from a sample of 122 closed labor trafficking victim service records from service providers in four US cities. In addition, interviews were conducted with labor trafficking survivors, local and federal law enforcement officials, legal advocates, and service providers in each site to better understand the labor trafficking victimization experience, the networks involved in labor trafficking and the escape and removal process, and the barriers to investigation and prosecution of labor trafficking cases. All the victims in this study sample were immigrants working in the United States. The vast majority of our sample (71 percent) entered the United States on a temporary visa. The most common temporary visas were H-2A visas for work in agriculture and H-2B visas for jobs in hospitality, construction, and restaurants. Our study also identified female domestic servitude victims who had arrived in the United States on diplomatic, business, or tourist visas. Individuals who entered the United States without authorization were most commonly trafficked in agriculture and domestic work. Labor trafficking victims’ cases were coded to collect information on their labor trafficking experience, as well as any forms of civil labor violations victims encountered. All victims in our sample experienced elements of force, fraud and coercion necessary to substantiate labor trafficking. Elements of force, fraud and coercion included document fraud; withholding documents; extortion; sexual abuse and rape; discrimination; psychological manipulation and coercion; torture; attempted murder; and violence and threats against themselves and their family members. In addition to criminal forms of abuse, we also found that labor trafficking victims faced high rates of civil labor exploitation. These forms of civil labor exploitation included, but were not limited to, being paid less than minimum wage; being paid less than promised; wage theft; and illegal deductions. While legal under some visa programs and labor law, employers/traffickers also controlled the housing, food, and transportation of a significant proportion of our sample. Immigration status was a powerful mechanism of control – with employers threatening both workers with visas and unauthorized workers with arrest as a means of keeping them in forced labor. Despite 71 percent of our sample arriving in the United States for work on a visa, by the time victims escaped and were connected to service providers, 69 percent were unauthorized. A BSTRACT VII By and large, labor trafficking investigations were not prioritized by local or federal law enforcement agencies. This lack of prioritization was consistent across all study sites and across all industries in
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