ADI 2010 1 Fellows—Bankey & Moczulski Trafficking Aff

**Trafficking Affirmative Core**

**Trafficking Affirmative Core** ...... 1 1AC – Plan...... 3 1AC – Trafficking Advantage – (1/)...... 4 1AC – Trafficking Advantage – (2/)...... 5 1AC – Trafficking Advantage – (3/)...... 6 1AC – Trafficking Advantage – (4/)...... 7 1AC – Feminism Advantage – (1/)...... 8 1AC – Feminism Advantage – (2/)...... 9 1AC – Feminism Advantage – (3/)...... 10 1AC – Feminism Advantage – (4/)...... 11 1AC – Feminism Advantage – (5/)...... 12 1AC – HR Cred Advantage – (1/)...... 13 1AC – HR Cred Advantage – (2/)...... 14 1AC – HR Cred Advantage – (3/)...... 15 1AC – HR Cred Advantage – (4/)...... 16 1AC – HR Cred Advantage – (5/)...... 17 ***Inherency*** ...... 18 Inherency: TVPA Failing...... 19 Inherency: TVPA Failing Now...... 20 Inherency: TVPA Failing Now – Sex Workers...... 21 Inherency: Reform Key...... 22 ***Feminism*** ...... 23 Feminism Adv – Restrictions Bad...... 24 Feminism Adv – Coercion Bad...... 25 Feminism Adv – Coercion Bad...... 26 Feminism Adv – Coercion Bad...... 27 Feminism Adv – Vulnerability...... 28 Feminism Adv – Victimization...... 29 Feminism Adv – Consent...... 30 Feminism Adv – Certification...... 31 Feminism Adv – Solvency...... 32 ***Trafficking*** ...... 33 Trafficking Adv – Terrorism Link...... 34 Trafficking Adv – AIDS Link...... 35 Trafficking Adv – Solvency...... 36 Trafficking Adv – Modeling...... 37 ***HR Cred*** ...... 38 HR Cred Adv – Low Now...... 39 HR Cred Adv – Link – Hypocrisy...... 40 HR Cred Adv – Link – Prosecution Approach...... 41 HR Cred Adv – Link – T-Visas Key...... 42 HR Cred Adv – AT: 2008 Amendments Solve...... 43 HR Cred Adv – Impact – Democracy...... 44 HR Cred Adv – Impact – Laundry List...... 45 HR Cred Adv – Impact – Russia Collapse...... 46 HR Cred Adv – Impact – EU Relations...... 47 HR Cred Adv – AT: Culpepper Article About VAWA...... 48 ADI 2010 2 Fellows—Bankey & Moczulski Trafficking Aff

***Soft Power*** ...... 49 Soft Power – Treaty Cred Link...... 50 AT: Can’t Solve All Soft Power...... 51 Soft Power – Solves All Conflict...... 52 ***Solvency*** ...... 53 Solvency – Extreme Hardship...... 54 Solvency – Certification...... 55 Solvency – Testify...... 56 Solvency – Testify...... 57 Solvency – Trafficking...... 58 Solvency – Fraud/Force/Coercion...... 59 Solvency – Force/Fraud/Coercion...... 60 Solvency – Force/Fraud/Coercion...... 61 Solvency – Force/Fraud Coercion...... 62 Solvency – Immigration K/...... 63 AT: Asylum CP – No Solvency (1/)...... 64 AT: Asylum CP – No Solvency (2/)...... 65 AT: Asylum CP – No Solvency (3/)...... 66 AT: Asylum – Gender MPX (1/2)...... 67 AT: Asylum – Gender MPX (2/2)...... 68 AT: Consent = Not Coerced...... 69 AT: State CP – Resources...... 70 AT: State CP – Uniformity...... 71 AT: State CP – No Enforcement...... 72 AT: States CP – Deterrent...... 73 AT: States CP – Depth of Law...... 74 AT: States CP – Perm Do Plan and States Enforce...... 75 AT: Canada CP...... 76 AT: Gendered Language...... 77 Plan Definition: UN Trafficking Protocol...... 78 ADI 2010 3 Fellows—Bankey & Moczulski Trafficking Aff

1AC – Plan

The United States Federal Government should amend the Trafficking Victims Protection Act to adopt the standards for trafficking provided by the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children. ADI 2010 4 Fellows—Bankey & Moczulski Trafficking Aff

1AC – Trafficking Advantage – (1/)

The “force, fraud, and coercion language” of the Trafficking Victims Protection Act violates the UN Protocol on Trafficking Giampolo 2006 (Angela D., J.D. @ Temple, “THE TRAFFICKING VICTIMS PROTECTION REAUTHORIZATION ACT OF 2005: THE LATEST WEAPON IN THE FIGHT AGAINST HUMAN TRAFFICKING,” 16 Temp. Pol. & Civ. Rts. L. Rev. 195, Lexis)BB International bodies and international human rights organizations define human trafficking more broadly because their purpose is to address the needs of individuals whose human rights have been violated as holistically as possible. The trafficking definition in the Trafficking Protocol discussed earlier lists several means of exploitation such as abuse of power and use of a persons' vulnerability that at a minimum, constitute human trafficking. n195 The inclusion of the phrase, "at a minimum," suggests there are unenumerated means and forms of trafficking that should not go unpunished and that Signatories should simply utilize the framework as a starting point in delineating a definition. Human Rights Watch, an international human rights organization, defines the crime of trafficking more comprehensively than the Trafficking Protocol. It defines human trafficking to include all acts and attempted acts related to the recruitment, transport, transfer, sale or purchase of human beings for the purpose of placing them into conditions of servitude, including forced marriage, in which labor is extracted through physical and/or nonphysical means of coercion including debt bondage, blackmail, fraud, deceit, isolation, threat or use of physical force and psychological pressure. n196 The U.S. definition is not nearly this broad, and as a result, regrettably, women are left unprotected. One reason for this is that the purpose behind the U.S. definition is not solely motivated by rights-protection. n197 The U.S. government's purpose is in part to limit services, including immigration relief, so as to minimize [*217] potential exploitation of immigration relief by victims. n198 The U.S. definition of "severe forms of trafficking" requires an element of force, fraud or coercion. n199 One can imply in the definition of coercion that non-physical threats or psychological pressure are included, but they are not explicitly enumerated. n200 Furthermore, having the word severe qualify "forms of trafficking" implies that there is a lesser kind of human trafficking that is permissible. Finally, there are no provisions in the TVPA that establish how the determination is to be made regarding who falls within the ambit of statutory protections, making the definition almost impossible for law enforcement officials and agents to deconstruct and apply effectively and uniformly. n201 In sum, the United States' definition of human trafficking is inconsistent with its declared purpose of protecting human trafficking victims. The definition should at least meet the minimum standard set by the Trafficking Protocol and above and beyond that, it should set an example to the international community by including an exhaustive list of additional means of exploitation. In addition, the definition should contain an all-inclusive phrase that incorporates "all other forms of exploitation that violate the rights of citizens as protected by the state." n202 This way, if a prosecutor is confronted with a form of exploitation that is not explicitly delineated in law, there is a catch-all phrase in the law itself to assist in upholding a trafficking charge instead of having to depend on another crime, which would perhaps mandate a lower sentence. Moreover, an expanded definition would ensure that all human trafficking victims, regardless of the method utilized, benefit from desperately needed protection, social services and immigration relief. ADI 2010 5 Fellows—Bankey & Moczulski Trafficking Aff 1AC – Trafficking Advantage – (2/)

US incorporation of the UN Protocol is key to an international response to trafficking Chuang 10 Assistant Professor of Law, American University Janie, “RESCUING TRAFFICKING FROM IDEOLOGICAL CAPTURE: PROSTITUTION REFORM AND ANTI-TRAFFICKING LAW AND POLICY,” 158 U. Pa. L. Rev. 1655)BB Neo-abolitionist advocacy has affected the ability of U.S. and international anti-trafficking laws to serve the populations they were designed to protect in two critical respects: (1) by drawing attention away from those trafficked into non-sex sectors, and (2) by confusing legal standards by strategically equating trafficking with slavery. Both effects perpetuate inconsistency and confusion regarding the legal definitions of trafficking and thus undermine the central goal of the U.N. Trafficking Protocol - that is, to foster international cooperation among states to combat this crime and human rights violation. U.S. and international anti-trafficking laws were designed to address both sex-and non-sex-sector trafficking of men, women, and children. As discussed above, 210 expanding the definition of trafficking to include non-sex-sector forms was a significant - and necessary, given the arguably greater number of non-sex- sector victims - improvement on the prior legal regime. Neo-abolitionist pressure has resulted in uneven domestic enforcement of these laws, however, with the emphasis on law enforcement activity, resource allocation, and service provision targeted at sex-sector trafficking and prostitution. Other countries have followed suit, more likely to adopt domestic laws on sex-sector trafficking than on non- sex-sector trafficking, and often passing anti-prostitution laws under the guise of "trafficking" laws. Until recently, neo-abolitionist pressure led the U.S. sanctions regime to condone - if not encourage - such uneven legislative responses to the different forms of trafficking. 211 [*1707] The focus on sex-sector trafficking undermines the U.S. and international legal definitions of trafficking and the U.N. Trafficking Protocol's goal of ensuring a consistent legal definition of trafficking from country to country in order to facilitate more effective international cooperation. For example, a uniform definition of trafficking is necessary to foster coordinated transnational responses to trafficking cases and to facilitate data collection regarding this underresearched phenomenon. Statistics in the trafficking field are notoriously unreliable, unsubstantiated figures often recycled and accepted as true, as if sheer repetition guarantees veracity. 212 One of the key obstacles to data collection has been the fact that countries and organizations define trafficking differently, some conflating trafficking with other phenomena, including smuggling, illegal migration, and prostitution. 213 Additionally, neo-abolitionist pressure on states to conflate sex trafficking and prostitution perpetuates this confusion and inconsistency.

Implementing the UN Protocol is key to data sharing networks Chuang 10 Assistant Professor of Law, American University Janie, “RESCUING TRAFFICKING FROM IDEOLOGICAL CAPTURE: PROSTITUTION REFORM AND ANTI-TRAFFICKING LAW AND POLICY,” 158 U. Pa. L. Rev. 1655)BB The application of a uniform definition of trafficking is necessary not only for fostering coordinated transnational responses to trafficking cases, but also for the sake of data collection regarding this as- yet underresearched phenomenon. Statistics in the trafficking field are notoriously unreliable, unsubstantiated figures often recycled and accepted as true, as if sheer repetition guaranteed veracity.176 One of the key obstacles to data collection has been the fact that countries and organizations define trafficking differently, some conflating trafficking with other phenomena, including smuggling, illegal migration, and prostitution.177 Neo-abolitionist pressure on states to conflate sex trafficking and prostitution perpetuates confusion and inconsistency in this regard. ADI 2010 6 Fellows—Bankey & Moczulski Trafficking Aff 1AC – Trafficking Advantage – (3/)

Increased data sharing is key to track Al Qaeda Keefer 06 United States Army Colonel Sandra L. “HUMAN TRAFFICKING AND THE IMPACT ON NATIONAL SECURITY FOR THE UNITED STATES,” USAWC STRATEGY RESEARCH PROJECT, http://www.dtic.mil/cgi-bin/GetTRDoc? Location=U2&doc=GetTRDoc.pdf&AD=ADA448573)BB As in our war on terrorism, the most effective means of addressing these issues is by attacking the problem in source and transit countries thereby preventing entry into the United States. The strategy to address human trafficking requires intelligence-driven investigations against major violators, specifically targeting organizations with ties to countries that support terrorist organizations such as Al Qaeda.26 A future anti-trafficking strategy should include a more in-depth study and analysis of the operations of different trafficking organizations as forms of organized crime, a more in-depth study and analysis of the links between transnational crime and terrorism operate in the operational and financial sides of the business, greater efforts to address the facilitators of trafficking activities, and greater international cooperation in addressing trafficking. This includes coordination of laws, investigations and the seizure of crime proceeds, greater efforts to seize the profits of traffickers and use them for assistance and development, and greater educational programs for the public and the business sector on how they may be contributing to the problem of trafficking through its involvement with the legitimate economy.27

Terrorism will cause extinction Sid-Ahmed 04, Egyptian journalist and member of a left opposition group (Extinction! http://weekly.ahram.org.eg/2004/705/op5.htm) What would be the consequences of a nuclear attack by terrorists? Even if it fails, it would further exacerbate the negative features of the new and frightening world in which we are now living. Societies would close in on themselves, police measures would be stepped up at the expense of human rights, tensions between civilisations and religions would rise and ethnic conflicts would proliferate. It would also speed up the arms race and develop the awareness that a different type of world order is imperative if humankind is to survive. But the still more critical scenario is if the attack succeeds. This could lead to a third world war, from which no one will emerge victorious. Unlike a conventional war which ends when one side triumphs over another, this war will be without winners and losers. When nuclear pollution infects the whole planet, we will all be losers. ADI 2010 7 Fellows—Bankey & Moczulski Trafficking Aff 1AC – Trafficking Advantage – (4/)

Human trafficking is the key internal link to global AIDS spread

Kloer 09 program associate of the American Bar Association's AIDS Coordination Project, Washington DC Amanda, Change.org website, December 1, http://humantrafficking.change.org/blog/view/the_intersection_of_human_trafficking_and_aids)

With World AIDS Day today, it's important to understand that the HIV/AIDS epidemic is by no means isolated from other social issues. It intersects with a number of other human rights concerns, including children's rights, international violence against women, and human trafficking. Trafficking victims, particularly in commercial sex, are more vulnerable to becoming infected with HIV. And sex trafficking as an institution spreads AIDS. Here's a quick guide to how human trafficking and AIDS are intersecting epidemics.

Sex Trafficking Victims are More Vulnerable to HIV/AIDS

All people in commercial sex are more vulnerable to HIV infection, but human trafficking victims are especially so. Since trafficking victims cannot make free choices or control their situation, they cannot insist on safer sex practices, like using a condom. Even if condoms are available in the brothel where a trafficking victim is held, she may not have the power to insist upon, or even suggest, their usage. Trafficking victims are also more frequently raped and exposed to violent and high-risk sexual behavior. Violent sex can cause ripping and tearing of tissue, making HIV transmission more likely. Since many trafficking victims are young girls in their early teens, their age may make their bodies even more vulnerable to infection. Once a trafficking victim contracts HIV, it is highly unlikely she will be tested, diagnosed, and treated for the disease, thus allowing the AIDS to develop.

Sex Trafficking Spreads HIV/AIDS

Sex trafficking also contributes to proliferating the global AIDS epidemic. Since trafficking victims are rarely tested and treated for HIV infections, they may continue to be forced to have unprotected sex with hundreds or thousands of men before exhibiting any symptoms. The cross-border transportation which sometimes accompanies sex trafficking operations spreads the disease, as one infected victims can infect the men who buy her in several different regions or countries. Those men may go on and infect other partners, both in and out of the commercial sex industry. Some cultural myths about AIDS, like the idea that sex with a virgin will cure an HIV infection, cause infected men to seek out unprotected sex with young trafficked women. All of these conditions allow HIV to flourish and spread.

AIDS is uniquely destabilizing – makes extinction inevitable Garrett 05 senior fellow for global health at the Council on Foreign Relations in New York (Laurie, “We Are All Threatened By This Plague The Scourge of AIDS,” http://www.redorbit.com/news/health/191129/we_are_all_threatened_by_this_plague_the_scourge_of/)BB Recently a peaceful demonstration in Cape Town by AIDS patients begging for drugs to treat their otherwise fatal disease was broken up by riot police. The demonstrators, most of whom were HIV- positive women, were beaten, and 10 were shot. The next day in Moscow, people infected with HIV chained themselves to government buildings, also demanding access to life-sparing medicine. We are entering a new stage in the world's great modern plague in which long-complacent governments are awakening to discover that the HIV virus, first noticed in 1981, now threatens to foment social unrest, undermine state authority, weaken armies, challenge economies and reverse hundreds of billions of dollars worth of development investment. HIV is a national security concern, for both the highly-impacted societies and for those that have comparatively smaller epidemics. Five years ago the global community took its first steps toward acknowledging the profound security dimensions of the pandemic by passing UN Security Council Resolution 1308, which states that "the HIV/AIDS pandemic, if unchecked, may pose a risk to stability and security." Earlier this month, Peter Piot, the director of the Unaids Program, and Richard C. Holbrooke, who as the U.S. representative to the UN in 2000 authored Resolution 1308, joined me in calling upon the Security Council to declare the world's HIV/AIDS pandemic a global state of emergency. The Security Council has never previously declared any social or health issue a global emergency. ADI 2010 8 Fellows—Bankey & Moczulski Trafficking Aff 1AC – Feminism Advantage – (1/)

Current discourse and policy on trafficking poses the victims as innocent damsels in distress that are coerced into helpless sex slaves. Hayes 8, member of Chicago-Kent Law Review and participated in Operation Kosovo and the Student Animal Legal Defense Fund (Victoria,“Prostitution Policies and Sex Trafficking,” Fall, http://www.kentlaw.edu/perritt/courses/seminar/VHayes- final-IRPaper.pdf In general, media coverage of human rights issues focuses inordinately on “abuses that contain an element of sex, sexuality and gender.”8 Media coverage of trafficking is no different: although the international definition of human trafficking includes other forms of exploitation, trafficking for commercial sexual exploitation attracts the most international media attention.9 Stories about “the damsels in distress, the innocents lured across borders”10 (young girls and women lured into trafficking by the promise of legitimate work abroad who are then sexually exploited by their traffickers) sell whereas stories about men and boys trafficked for sexual exploitation and stories about both men and women trafficked for labor exploitation do not.11 Similarly, the media fails to report on the social and economic disparities that allow trafficking to exist.12 Because stories of trafficking focus almost exclusively on its sexual element, prostitution’s role in trafficking is the most prominent in public discourse.

And, the coercion standard assumes that no woman that is trafficked would ever consent to prostitution. Margarida 9 senior undergraduate in social work at Providence College, Ashley, “Human Trafficking and Global Policy: A Study on the Casual Factors of Human Trafficking” http://digitalcommons.providence.edu/cgi/viewcontent.cgi?article=1035&context=socialwrk_students Perhaps most importantly, an approach that so heavily emphasizes forced prostitution ignores the critical issues of prostitution in general and implies a group more worthy of saving. Debates remain about the freedom of sex workers who have not necessarily been trafficked, but are controlled by their pimps and suffer from violent clients (Aradau, 2008). Because many believe that no normal woman would freely enter into this work, the ability to “choose” to become a prostitute does not seem very feasible. The social and economic structure of one’s country and personal experience can be a variable which can be seen just as coercive and controlling as a human trafficker or pimp (Aradau, 2008). Therefore, women may never have the capacity to freely decide how they may earn their living as many just need to find a way to survive. While automatically connecting human trafficking with prostitution is problematic, distinguishing the former from the latter as a form of “forced prostitution” is just as detrimental. Differentiating between forced and voluntary prostitution suggests reason for 23 guilt or innocence and therefore an entitlement to protection and rights depending on where one falls (Aradau, 2008). ADI 2010 9 Fellows—Bankey & Moczulski Trafficking Aff 1AC – Feminism Advantage – (2/)

However, this approach is based off of gendered stereotypes that perceive women as vulnerable naïve actors in migration – this construction destroys agency. Lobasz 9 Prof @ U of Minnesota Jennifer K., “Beyond Border Security: Feminist Approaches to Human Trafficking”) Beyond specific arguments against the prohibition of prostitution, critics of abolitionism make a more general, and perhaps more significant, claim regarding human trafficking: it matters how trafficked persons are socially constructed. I argue that this more critical insight should be recognized as one of feminist theorists’ central contributions to the study of human trafficking. Current constructions of human trafficking rely on gender stereotypes that discount women’s agency. The conflation of “international human trafficking” with “trafficking of women for sexual exploitation” reflects gendered notions of agency that frame men as actors and women as victims—those acted upon.90 According to the GAO, “In most countries where trafficking data are gathered, women and children are seen as victims of trafficking, and men are predominantly seen as migrant workers, reflecting a gender bias in existing information. Men are also perceived as victims of labor exploitation that may not be seen as a crime but rather as an issue for trade unions and labor regulators.”91 Trafficking discourses rest upon stereotypes of men actively going out into the world to make their way and women passively staying at home unless duped, seduced, or kidnapped by a trafficker.92 Hence, Melissa Ditmore and Marjan Wijers note that the full title of the UN Trafficking Protocol is the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children; the emphasis on women and children upholds stereotypical perceptions of men as autonomous actors and women as passive victims.93 Representations of trafficking based upon women’s assumed lack of agency conflict with how many trafficked women perceive themselves. Mertus and Bertone explain, “The narrative of individuals labeled as victims in this process, however, often reflects a far more complicated self-understanding of their own status, one that is not static and devoid of agency. These individuals stress that they were not always victims. At some early state, their involvement was completely willing, albeit tremendously ill-informed.”94 Bindman argues that analyses of trafficking must recognize that women, like men, make choices and take risks within the international labor market for a wide range of reasons—from the need to financially support themselves and their families to the desire to seek adventure and new experiences. Bindman elaborates: Looking at trafficking from the perspective of the majority of the women we are concerned with, it is clear that most women come to Western Europe because they are looking for a better way to make a living. In this sense, they should be seen as labor migrants. Migration is an age-old survival strategy for men as well as for women. It implies courage and initiative to try to change one’s own or the family’s situation. Certainly, women who have become victims of trafficking cannot be classified as passive or stupid victims. This may seem self-evident, but ten years of daily work on the issue of trafficking proves it is still not the case for many people involved in the whole process, such as police officers and the judiciary.95 ADI 2010 10 Fellows—Bankey & Moczulski Trafficking Aff 1AC – Feminism Advantage – (3/)

Focus on feminine vulnerability makes patriarchy possible – reduces agency and subordinates women to an object that is constantly dominated. Chuang 10 Assistant Professor of Law, American University Janie, “RESCUING TRAFFICKING FROM IDEOLOGICAL CAPTURE: PROSTITUTION REFORM AND ANTI-TRAFFICKING LAW AND POLICY,” 158 U. Pa. L. Rev. 1655)BB As discussed above, the neo-abolitionist reductive narrative narrows the scope of the trafficking problem to one focused on trafficking of women and girls for sexual exploitation, casting the problem as one of social deviance necessitating aggressive criminal justice response, rather than the consequence of broader structural problems resulting from inadequate migration and labor frameworks to respond to massive flows of migration in our globalized economy. The focus on sex trafficking of women and girls [overlooks] the women, men, and children trafficked for non-sexual exploitation, who according to latest estimates, account for over half of all trafficking cases.155 This reductive view of trafficking not only diverts attention away from key trafficked populations, but it implicitly reinforces harmful gender stereotypes. The focus on women and children in trafficking discourse is deeply rooted in assumptions about gender, particularly women’s vulnerability in the migration stream. Notwithstanding the current economic reality that women are increasingly the primary income-earners for their families,156 traditional gender roles in the family – i.e., men as breadwinners, and women tied to the home – render male migration more socially acceptable than for women, who are assumed to be passive, naïve, ignorant migrants. Consequently, exploited women are conceptualized as trafficked, while men subjected to the same abuse are more commonly seen as irregular migrants. In similar vein, the discursive slippage between prostitution and trafficking sweeps any exercise of agency by the putative victim under a totalizing narrative of victimization that refuses to engage in any marking of relative control or freedom – men dominate and all prostituted women are subordinated, oppressed, and unfree.157 Instead, those women – i.e., the self-proclaimed “sex workers” – who defy the dominant narrative are explained away as deviant in desiring abuse and/or, more likely, suffering from a false consciousness and thereby unaware of their oppression.158 When it comes to Third World women in particular, as Kapur explains, the ready equating of choice with wealth, and coercion with poverty, leaves no space to recognize and validate the choices women make when confronted with limited economic opportunities.159 As sociologist Kamala Kempadoo argues, the universalizations and generalizations the neo-abolitionists adopt and export abroad reveal the epistemic privilege of a social group that has a racialized power to define the world and to create new meanings about social realities.160 The reductive portrayal of the trafficking victim sets up a neo-imperialist power relation that presumes and establishes an essential divide between east and west, north and south – exotic, archaic, authoritarian vs. progressive, enlightened; it positions Third World women as ignorant, tradition-bound, poor, and infantilized, resembling a minor in need of guidance.161 Thus incapable of exercising choice, Third World prostitutes represent the paradigmatic example of prostitution amounting to sex trafficking. ADI 2010 11 Fellows—Bankey & Moczulski Trafficking Aff

1AC – Feminism Advantage – (4/)

And the continuation of patriarchy is the root cause for all modern day violence - Warren and Cady, 94, philosophy professors at Macalester College & Hamline University (Karen and Duane, Feminism and Peace: Seeing Connections, Hypatia, Vol. 9, No. 2, Spring, p4-20)

Operationalized, the evidence of patriarchy as a dysfunctional system is found in the behaviors to which it gives rise, (c), and the unmanageability (d), which results. For example, in the United States, current estimates are that one out of every three or four women will be raped by someone she knows; globally, rape, sexual harassment, spouse-beating, and sado-masochistic pornography are examples of behaviors practiced, sanctioned, or tolerated within patriarchy. In the realm of environmentally destructive behaviors, strip-mining, factory farming, and pollution of the air, water, and soil are instances of behaviors maintained and sanctioned within patriarchy. They, too, rest on the faulty belief that is okay to “rape the earth,” that it is “man’s God-given right” to have dominion (that is, domination) over the earth, that nature has only instrumental value, that environmental destruction is the acceptable price we pay for “progress.” And the presumption of warism, that war is a natural, righteous, and ordinary way to impose dominion on a people or nation, goes hand in hand with patriarchy and leads to dysfunctional behaviors of nations and ultimately to international unmanageability. Much of the current “unmanageability” of contemporary life in patriarchal societies, is then viewed as a consequence of a patriarchal preoccupation with activities, events, and experiences that reflect historically male-gender-identified beliefs, values, attitudes, and assumptions. Included among these real-life consequences are precisely those concerns with nuclear proliferation, war, environmental destruction, and violence towards women, which many feminist see as the logical outgrowth of patriarchal thinking. In fact, it is often only though observing these dysfunctional behaviors—the symptoms of dysfunctionality— that one can truly see that and how patriarchy serves to maintain and perpetuate them. When patriarchy is understood as a dysfunctional system, this “unmanageability” can be seen for what it is—as a predictable and thus logical consequence of patriarchy. The theme that global environmental crisis, war, and violence generally are predictable and logical consequences of sexism and patriarchal culture is pervasive in ecofeminist literature. Ecofeminist Charlene Spretnak, for instance, argues that “a militarism and warfare are continual features of a patriarchal society because they reflect and instill patriarchal values and fulfill needs of such a system. Acknowledging the context of patriarchal conceptualizations that feed militarism is the first step toward reducing their impact and preserving the earth”. Stated in terms of the foregoing model of patriarchy as a dysfunctional social system, the claim by Spretnak and other feminists take on a clearer meaning: Patriarchal conceptual frameworks legitimate impaired thinking (about women, national and regional conflict, the environment) which is manifested in behaviors which, if continued, will make life on earth difficult, if not impossible. It is a stark message, but it is plausible. Its plausibility lies in understanding the conceptual roots of various women-nature-peace connections in regional, national and global contexts. ADI 2010 12 Fellows—Bankey & Moczulski Trafficking Aff

1AC – Feminism Advantage – (5/)

Reform is necessary – removing coercion is the only way to increase protection for victims of trafficking Zimmerman 5 doctoral candidate in the religion and social change concentration of the joint Ph.D. in religious and theological studies at Iliff School of Theology and University of Denver. She is also a member of the adjunct faculty at the University of Denver and the University of Colorado at Colorado Springs. (Yvonne, “Situating the Ninety-Nine: A Critique of the Trafficking Victims Protection Act” Journal of Religion & Abuse Vol 7 (3) November, 37-56)

In contrast to the conceptual move initiated by the 2001 Protocol, the U.S.’s domestic legislation in the TVPA employs tunnel vision in its approach to who constitutes the exploited population within human trafficking. By marginalizing the economic factors and systemic gender inequality that may contribute to human trafficking, the TVPA ignores the material and cultural base of women’s oppression and refuses to see women as embedded in and negotiating their way through complex social conditions. Yet it is precisely these conditions that may cause a woman to enlist the aid of a trafficker as a means to attempt to improve, however marginally, her economic status (Berman, 2003; [Sassen, 2000, 2003)]. According to the statutory scheme of this legislation, a ‘true’ victim cannot have done this. The TVPA is intended for women who have not resisted their traffickers and for women who will not resist the goals of U.S. law enforcement. When considered in this light, it is no wonder that there have been so few applications for T-visas. Within the lexicon of the TVPA, woman-as-victim is so passive that she Zimmerman 49 is devoid of any agency–including the initiative necessary to complete and file the visa application. In this way, the TVPA’s construction of victimization selects for the quintessential female victim–one framed by utter passivity. Such an impoverished view does little to account for the conditions that shape women’s lives. Consequently, the TVPA’s perfect victim, while wholly feminized, bears little if any relationship to the various women caught in the human trafficking trade. ADI 2010 13 Fellows—Bankey & Moczulski Trafficking Aff 1AC – HR Cred Advantage – (1/)

Lack of HR cred is devastating US influence now Koh 2009, professor of international law at Yale Law School (Harold Hongju, “Speech: Repairing Our Human Rights Reputation,” Lexis) Since all of us have been alive, our country, the United States, has been the world's acknowledged human rights leader. That is certainly why my parents came here, and probably yours as well. Since World War II, ours was universally regarded as a nation that values human rights and the rule of law, that speaks out against injustice and dictatorship, and that tries to practice what we preach. Of course we have never been perfect, but we have usually been thought to be sincere. When I was a diplomat for the United States government, I was always struck by how seriously other countries would listen to what Americans had to say. They listened to us because we were powerful, sure, but they thought us powerful because they thought we were principled. Our commitments to principles of human rights and the rule of law were seen as a major source of our soft power. [*12] But in the last few years, sadly, much of this has changed. I travel a lot. Maybe you do too. And if you have traveled abroad in the last few years, you cannot help but notice the steady decline of our global human rights reputation. In the last seven years, we have gone from being viewed as the major supporter of the international human rights system to its major target. Our obsessive focus on the War on Terror has taken an extraordinary toll upon our global human rights policy. Seven years of defining our human rights policy through the lens of the War on Terror has clouded our human rights reputation, given cover to abuses committed by our allies in that War, and blunted our ability to criticize and deter gross violators elsewhere in the world. After September 11, 2001, we were properly viewed with universal sympathy as victims of a brutal attack. But we have responded with a series of unnecessary, self-inflicted wounds, which have gravely diminished America's standing as the world's human rights leader. You know the list as well as I do: the horror of Abu Ghraib; our disastrous policy on Guantanamo; our tolerance of torture and cruel treatment for detainees; our counterproductive decision to create military commissions; warrantless government wiretapping; our attack on the United Nations and its human rights bodies, including the International Criminal Court; and the denial of habeas corpus for suspected terrorist detainees that, thankfully, was struck down this past summer by a narrow majority of the United States Supreme Court. Whatever you may think of these policies, there can be little doubt that the impact on our human rights reputation has been devastating. In a recent Pew Global Attitudes survey, favorable opinions of the United States had fallen in most of our fifteen closest allies - including Spain, India, and Indonesia - even though those polled largely shared our views as to the greatest dangers in the world. n1 And in these countries, amazingly, America's continuing presence in Iraq is cited as a danger to world peace at least as often as the growing threat of Iran. n2 Today, a vast majority of our allies believe that our policies on Guantanamo are illegal. And a recent foreign policy survey showed that many Americans believe that the [*13] ability of the United States to achieve its foreign policy goals has decreased significantly over the last few years and that improving America's standing in the world should become a major goal of U.S. foreign policy. n3

Congressional action on gender issues is key to global soft power and HR promotion Culpepper 10 J.D. candidate @ Vanderbilt Brent, “Missed Opportunity: Congress's Attempted Response to the World's Demand for the Violence Against Women Act,” 43 Vand. J. Transnat'l L. 733, Lexis)BB Congressional activism on gender policy provides an avenue for shifting the image of the U.S. from one of military hard power to a moral and diplomatic leader. n113 This shift increases U.S. diplomatic capital, which can - in much the same way a President spends political capital to achieve policy objectives on Capitol Hill - translate into success for U.S. foreign policy goals. n114 Credibility in one human [*749] rights arena (e.g. gender equality) often serves to enhance credibility in an unrelated human rights arena (e.g. child labor). n115 Professor Joseph Nye describes the above phenomenon as "soft power": "Soft power is the ability to get what you want through attraction rather than coercion or payments." n116 Nye argues that "when American policies lose their legitimacy and credibility in the eyes of others, attitudes of distrust tend to fester and further reduce our leverage." n117 "Problems arise for our soft power when we do not live up to our own standards," including international standards to which the United States committed. n118 Areas of legal and moral contradiction, such as those present in gender policy, create the loss of the legitimacy and credibility necessary to build soft power. n119 ADI 2010 14 Fellows—Bankey & Moczulski Trafficking Aff 1AC – HR Cred Advantage – (2/)

US decline will explode into transition wars – Soft Power is key to maintain predominance Brzezinski 05 National Security Advisor in the Carter Administration, Professor of Foreign Policy at Johns Hopkins University Zbigniew, The Choice: Global Domination or Global Leadership, p. 2-4)

History is a record of change. a reminder that nothing endures indefinitely. It can also remind us, however, that some things endure for a long time, and when they disappear, the status quo ante does not reappear. So it will be with the current American global preponderance. It, too, will fade at some point, probably later than some wish and earlier than many Americans take for granted. The key question is: What will replace it? An abrupt termination of American hegemony would without doubt precipitate global chaos, in which international anarchy would be punctuated by eruptions of truly massive destructiveness. An unguided progressive decline would have a similar effect, spread out over a longer time. But a gradual and controlled devolution of power could lead to an increasingly formalized global community of shared interest, with supranational arrangements increasingly assuming some of the special security roles of traditional nation-states. In any case, the eventual end of American hegemony will not involve a restoration of multipolarity among the familiar major powers that dominated world affairs for the last two centuries. Nor will it yield to mother dominant hegemon that would displace the United States by assuming a similar political, military, economic, technological. and sociocultural worldwide preeminence. The familiar powers of the last century are too fatigued or too weak to assume the role the United States now plays. 0 is noteworthy that since 1880, in a comparative ranking of world powers (cumulatively based on their economic strength, military budgets and assets, populations, etc). the top five slots at sequential twenty-year intervals have been shared by just seven states: the United States, the United Kingdom, Germany, France, Russia, Japan, and China. Only the United States, however, unambiguously earned inclusion among the top five in every one of the twentyyear intervals. and the gap in the year 2000 between the top-tanked United States and the rest was vastly wider than ever before.' The former major European powers—Great Britain. Germany, and France—are too weak to step into the breach. In the next two decades, it is quite unlikely that the European Union will become sufficiently united politically to muster the popular will to compete with the United States in the politico-military arena. Russia is no longer an imperial power, and its central challenge is to recover socioeconomically lest it lose its far eastern territories to China. Japan's population is aging and its economy has slowed, the convenstional wisdom of 1980s that Japan is destined to be the next "superstate" now has the ring of historical irony. China, even if it succeeds in maintaining high rates of economic growth and retains its internal political stability (both are far from certain), will at best be a regional power still constrained by an impoverished population. antiquated infrastructure, and limited appeal worldwide. The same is true of India, which additionally faces uncertainties regarding its long-term national unity. Even a coalition among the above--a most unlikely prospect, given their historical conflicts and clashing territorial claims—would lack the cohesion. mind, and energy needed to both push America off its pedestal and sustain global stability. Some leading states, in any case, would side with America if push came to shove. Indeed, any evident American decline might precipitate efforts to reinforce America's leadership. Most important , the shared resentment a American hegemony would not dampen the dashes of interest among states. The more intense collisions—in the event of America's decline -could spark a wildfire of regional violence, tendered all the more dangerous by the dissemination of weapons of mass destruction. The bottom line is twofold: For the next two decades, the steadying effect of American power will be indispensable to global stability, while the principal challenge to American power can come only from within—either from the repudiation of power by the American democracy itself, or from America's global misuse of its own power. American society, even though rather parochial in its intellectual and cultural interests, steadily sustained a protracted worldwide engagement against the threat of totalitarian communism, and it is currently mobilized against international terrorism. As long as that commitment endures, America's role as the global stabilizer will also endure. Should that commitment fade—either because terrorism has faded, or because Americans tire or lose their sense of common purpose—America's global role could rapidly terminate. That role could also be undermined and &legitimated by the misuse of US. power. Conduct that is perceived worldwide as arbitrary could prompt America's progressive isolation, undercutting not America's power to defend itself as such, but rather its ability to use that power to enlist others in a common effort to shape a more secure international environment. ADI 2010 15 Fellows—Bankey & Moczulski Trafficking Aff 1AC – HR Cred Advantage – (3/)

Restoring US Human Rights Credibility is key to restore US- Chinese Relations and give the US the ability to pressure China on its own human rights violations and enable reform International Relations Center 01 (Writer Margaret Huang, Robert F. Kennedy Memorial Center for Human Rights, “U.S. Human Rights Policy Toward China”, Volume 6, Number 8, 2001)

Unfortunately, U.S. policy initiatives to promote human rights in the PRC have not matched the intensity of the rhetoric. Although the U.S. government has raised human rights concerns in summits and other official meetings, these bilateral overtures have generally failed to evoke a response from Chinese authorities, indicating that the Chinese do not take the U.S. interventions seriously. This perception is understood when contrasting Washington’s responses to Beijing’s refusal to comply with its obligations under two separate international agreements. In 1996, the Clinton administration announced its intentions to apply economic sanctions against China for failing to protect intellectual property rights (IPR) as obligated under a 1995 agreement. Under this pressure, China backed down and undertook immediate steps to enforce the agreement. But the same U.S. government rejected any linkage between economic sanctions and China’s violations of international human rights treaties, which have the same binding force as the IPR agreement. To strengthen U.S. human rights policy toward China, Washington must demonstrate that it applies the same principles and standards to China as it does to other countries. Beijing has protested that the U.S. singles out the PRC for scrutiny while ignoring violations committed by U.S. allies. Many of China’s critics in the U.S. have focused on the Communist Party as the cause of China’s human rights violations. This emphasis on ideology instead of international human rights norms reduces U.S. credibility. During the congressional debate over approving China’s accession to the WTO, several opponents cited Beijing’s human rights violations and its communist leadership as justification for denying China entry into the organization. Yet these arguments have not been applied to other countries seeking to join the WTO. U.S. policymakers are at a disadvantage when pressuring China to uphold international human rights law, because the U.S. has failed to ratify many of the same international treaties. China and the U.S. have each ratified one of the two major covenants on human rights. However, China has ratified the Convention to Eliminate All Forms of Discrimination Against Women (CEDAW) and the Convention on the Rights of the Child (CRC), neither of which has been ratified by the United States. By failing to accept the human rights obligations under these treaties, Washington risks further charges of hypocrisy when prodding China to improve its human rights record. Multilateral approaches to addressing China’s human rights record are important, because Chinese authorities react seriously to them. For example, for the last several years at the UNCHR, U.S. officials have failed to overcome China’s opposition to a resolution on its human rights problems. The Chinese government has undertaken fervent campaigns to avoid a UN censure, asking countries to engage in bilateral dialogues about human rights concerns instead of supporting a UN resolution. PRC officials have even offered development assistance and trade opportunities to countries that support its position. These efforts, exacerbated by the failure of U.S. officials to effectively solicit cosponsorship of the resolution, demonstrate the Chinese government’s determination to avoid international criticism. Another multilateral approach slighted by Washington is the use of development assistance through the international financial institutions (IFIs) to encourage reform. Under the Foreign Assistance Act, the U.S. government is required to advance international human rights through its voting power in the IFIs. However, China is the World Bank’s biggest client, with loans of $1.4 billion approved in the year 2000 alone, because the U.S. and its allies have failed to ensure that World Bank loans are conditional upon a country’s respect for human rights norms. Toward a New Foreign Policy Key Recommendations * The Bush administration should make an early and strong commitment to human rights as a priority in U.S. foreign policy. * Washington should establish a consistent human rights policy that is applied equally to all countries regardless of ideological or economic interests.* The U.S. should pursue multiple approaches to promoting human rights in China, including multilateral efforts and incentives for reform. There are several key measures that the Bush administration should adopt right away. First, Secretary of State Powell should appoint a strong Assistant Secretary of State for the Bureau of Democracy, Human Rights, and Labor. He should also appoint senior-level advisors with substantial human rights expertise in the other functional and regional bureaus. Increased funding for the human rights bureau and for human rights initiatives would also be a significant sign of commitment by the new administration. Second, the Bush administration should demonstrate its acceptance of international human rights norms by submitting unapproved international human rights treaties to the Senate for ratification, in particular, CEDAW and the CRC. By joining some of its closest allies—including France, United Kingdom, Germany, and Japan—in adopting these agreements, the U.S. would reinforce the message to China and other countries that human rights are universally accepted and applied. Washington should also establish clear human rights principles to guide all foreign policy. Human rights concerns should be addressed in summit meetings with all countries, including U.S. allies and trading partners. If the threat of economic sanctions is used to pressure one country on its human rights record, then the U.S. should apply the same policy criteria to all other states. Within the IFIs, the U.S. should work with other donor countries to establish explicit human rights criteria for any country seeking development assistance or foreign investment, and these criteria should be uniformly applied. After fully integrating human rights concerns into foreign policy, Washington should apply these principles to China. The first step in this effort should be to seek cosponsors at the UNCHR for a resolution concerning China’s human rights record. Beijing will take a resolution much more seriously if it is viewed as a multilateral response. Another opportunity for a multilateral approach to human rights is the October 2001 meeting of Asia Pacific Economic Cooperation (APEC) members, to be hosted by China. The U.S. should use this high-level meeting to work with other countries, particularly U.S. allies Japan and South Korea, to address human rights concerns across the region. It is significant to note that serious multilateral pressure on Chinese authorities has already resulted in some progress regarding human rights. For example, China’s decision to sign the International Covenant on Economic, Social and Cultural Rights (ICESCR) in 1997 and the International Covenant on Civil and Political Rights (ICCPR) in 1998 stemmed from international pressure at the UNCHR. Each year before the UNCHR has convened, ADI 2010 16 Fellows—Bankey & Moczulski Trafficking Aff 1AC – HR Cred Advantage – (4/)

China has usually released a few political prisoners or announced new steps being undertaken to meet international obligations. In the most recent case, China ratified the ICESCR this year, albeit with reservations. PRC officials have also indicated a renewed willingness to discuss future visits to Chinese prisons by the International Red Cross. These overtures are again being offered just before the UNCHR meetings and as China prepares its bid to host the Olympics in 2008. To ensure that these promises are kept, the international community should keep up the pressure and hold China to its commitments. On the bilateral front, human rights should be consistently addressed as a key concern in all summits and official meetings. The Chinese government has recently offered to renew the bilateral dialogue on human rights. This step should be welcomed as providing an additional forum for discussion, though not substituting for other actions. The U.S. should continue to press the Chinese authorities to meet with the Dalai Lama to discuss Tibet’s future. A new but potentially important mechanism is the Congressional-Executive Commission on the People’s Republic of China (CECC), established in October 2000. Created by Congress in the law extending permanent normal trade relations status to China, the CECC has a mandate to monitor China’s compliance with international human rights law. Each year, the CECC must issue a report to the president and Congress that includes recommendations for executive or legislative action. To enable the CECC to meet its mandate, the administration and Congress must make this initiative a high priority, and funding for the commission should be substantially increased. The 23 appointed members of the CECC should be senior representatives of their institutions, and they should have credibility with the Chinese government to ensure that both they and the commission staff will be able to visit the country and do firsthand reporting. CECC members should also seek cooperation with similar institutions in other countries. The CECC offers the opportunity to work constructively with China on human rights concerns. The CECC could recommend or even provide technical assistance or financial support to the Chinese government in the areas of legal reform and human rights implementation. Labor rights is an issue in which the U.S. and China share many concerns, some of which will be exacerbated by China’s imminent accession to the WTO. By approaching this issue as equals with lessons to learn from one another, the U.S. could improve overall relations with China as well as advance an important international human rights agenda. Promoting human rights in China is clearly in the best interest of the United States. Working to enhance the human rights situation in the PRC reflects democratic values and supports those inside China seeking political and social reform. In addition, by encouraging China to uphold its obligations under human rights treaties, the U.S. will likely strengthen China’s commitment to implementing other international agreements on issues of trade and security. US-China relations are key to preventing extinction Fu 06 Former Senior Research Professor of the Chinese Academy of Social Sciences and Former Fellow at the Center for Advanced Study in Behavioral Sciences at Stanford (Zhengyuan “The Taiwan Issue and Sino-US Relations,” Fall, http://www.accessmylibrary.com/article-1G1- 161065580/taiwan-issue-and-sino.html) In the Twenty-First Century, China's relations with the United States will be its most important foreign relationship. For the United States, no other country will have a greater influence on its future global status than China. For the world, the Sino-U.S. relationship in the coming decades will become increasingly significant. A stable and cooperative relationship between the two countries would be a cornerstone for a more harmonious world; however, the corrosion of this relationship would have tremendously harmful consequences not only for the two peoples, who account for more than one-fourth of mankind, but for the rest of the world as well. ADI 2010 17 Fellows—Bankey & Moczulski Trafficking Aff 1AC – HR Cred Advantage – (5/)

Independently, US-Sino war is inevitable without human rights credibility Washington Times, 05 “Chinese activist warns of nuclear war; Says U.S. underestimates threat”, September 1, 2005, Lexis)

China is preparing for nuclear war with the United States over Taiwan, and a conflict is likely in the near future because of divisions among Beijing's leaders, a Chinese democracy activist says. Wei Jingsheng, a leading international advocate for political reform in China, said in an interview with The Washington Times that President Bush and other U.S. leaders do not fully understand the chance of a conflict breaking out and must do more to avert it. "Sino-U.S. relations are reaching a crucial point and most of the American public does not know about," said Mr. Wei, who spent almost 18 years in Chinese prisons before his release in 1997. "The United States needs to pay more attention to the possibility of nuclear war with China." Mr. Wei said he has heard from government officials in China, including some within the military, who are worried by the growing chance of a nuclear war. Recent Chinese military exercises and a Chinese general's threat to use nuclear missiles against U.S. cities are two signs of the danger, said Mr. Wei, who has an office in Washington. "In the past, China may have felt that it was not time for them to confront the U.S.," Mr. Wei said. "Now, things are different. Now the Chinese feel that they need to use these kind of nuclear threats. China is very serious about that. The nuclear threat from China is a substantial threat, not theoretical." The comments come as Chinese President Hu Jintao is set to visit Washington next week. They also echo Pentagon concerns that China is preparing to attack Taiwan, also known as the Republic of China, in the next few years. Mr. Wei also said that social unrest is growing rapidly in China and that hundreds of demonstrations in recent months have weakened Communist Party rule. In Chinese history, he said, unrest has been a sign that a ruler is about to fall, prompting concern among Beijing's communist leaders. China's leadership is divided by factions headed by Mr. Hu and former President Jiang Zemin, Mr. Wei said. Additionally, there are elements within the military who think that a war to retake Taiwan should begin as soon as possible, Mr. Wei said. "There are many conflicts within the military," he noted. Politically, differences between Mr. Hu and Vice President Zeng Qinghong, who in the past was considered a Jiang loyalist, appear to have been resolved temporarily, Mr. Wei said. The accommodation appears related to a decision to use force in the future against Taiwan, Mr. Wei said, adding that Mr. Hu favors a conflict as a way to consolidate power over the military. Growing nationalist sentiment in China also has led to public calls for war over Taiwan. "Many wars in the past have started from such conditions," he said. To avert war, Mr. Wei urged the Bush administration to put more pressure on China's government in the area of human rights and trade, try to influence the Chinese military by finding and supporting anti-war military leaders and drive a wedge between China and the communist government in North Korea. "The goal should be to reduce the voice of the people who want to go to war," he said. ADI 2010 18 Fellows—Bankey & Moczulski Trafficking Aff

***Inherency*** ADI 2010 19 Fellows—Bankey & Moczulski Trafficking Aff

Inherency: TVPA Failing

The TVPA is failing now – restrictions on application and lack of government enforcement. Rieger 7 JD candidate, Cornell Law School (April, “Missing the Mark: Why the Trafficking Victims Protection Act Fails to Protect Sex Trafficking Victims in The United States” Harvard Journal of Law & Gender, 231-256, http://www.law.harvard.edu/students/orgs/jlg/vol301/rieger.pdf

In the years since the passage of the TVPA, the laudable goal of protecting sex trafficking victims in the United States has not been adequately accomplished. Up to 50,000 women and children are trafficked into the United States every year for sexual exploitation,18 and the vast majority of these women desperately want to exit the sex industry,19 but only 228 victims received benefits under the TVPA in 2005.20 Many victims who apply for benefits under the TVPA are denied, though it is not clear why, since the government has yet to disclose statistics and reports concerning certification denials. Some answers, however, may lie in the text of the TVPA itself, as well as in the statute’s enforcement. ADI 2010 20 Fellows—Bankey & Moczulski Trafficking Aff

Inherency: TVPA Failing Now

TVPA is failing now – the language of the legislation is too narrow for victims to be eligible. Srikantiah 7 Associate Prof of Law and Director of Immigrants Rights Clinic @ Stanford Law School (Jayashri, “Perfect Victims and Real Survivors: The Iconic Victim in Domestic Human Trafficking Law” Boston University Law Review Vol 87: 157-211).

Despite the availability of T visas since the enactment of the TVPA in 2000, only 616 victims have successfully obtained relief.9 Existing critique has focused on the law enforcement cooperation requirement of the T visa and the TVPA’s trafficking definition.10 While I agree with that critique in part, this Article suggests additional reasons for the failure of the visa that focus on federal agency implementation of the statute. I suggest that the implementing agencies – the Department of Homeland Security (DHS) and the Department of Justice (DOJ) – have narrowed the availability of the T visa even beyond the statutory language of the TVPA.11 Agency implementation has focused on the prosecutorial goals of the T visa, ignoring its humanitarian purposes. On a structural level, 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 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. I suggest that this conflict results in a failure to identify as trafficking victims those who do not present themselves as good prosecution witnesses.12 Placing the victim identification function in prosecutorial hands also leads to non-uniform results, with each prosecutor or investigator making determinations based on her own conception of who is a deserving trafficking victim. ADI 2010 21 Fellows—Bankey & Moczulski Trafficking Aff

Inherency: TVPA Failing Now – Sex Workers

The language of the TVPA ignores sex workers and is too narrow to be effective Chapkis 03 Associate Prof of Sociology and Director of Women’s Studies, University of Southern Maine (Wendy, “Trafficking Migration and the Law, Protecting Innocents and Punishing Immigrants,” Gender and Society, December, 17.6, 923-937)

The TraffickingVictims’Protection Act does too little to strengthen the rights of most migrant workers whether in the sex industry or outside of it. Insofar as HR 3244 attempts to address the very real problem of migrant and sex worker abuse, it is an honorable if inadequate effort. But any truly effective response demands more than symbolic action against the gross economic disparities between theworld’s rich and poor8 as well as a recognition that the criminalization of migration and the labor associated with it seriously endangers the well-being of vulnerable workers. HR 3244 may lead to increased convictions of traffickers, but it is unlikely to challenge deeply held and hostile attitudes toward poor women, undocumented workers, and prostitutes. ADI 2010 22 Fellows—Bankey & Moczulski Trafficking Aff

Inherency: Reform Key

The status quo drives trafficking underground – a victim centered approach is necessary Angel 8 Legislative Counsel to US Congressman Nadler Carole, “Immigration Relief for Human Trafficking Victims: Focusing the Lens of the Human Rights of Victims” http://digitalcommons.law.umaryland.edu/cgi/viewcontent.cgi?article=1026&context=wle_papers To efficiently address the trafficking phenomenon, policymakers must use a victim-centered approach that focuses on human rights, rather than ones that focus solely on the narrowing of immigration laws or prosecution. If anti-trafficking initiatives employ only immigration tools, such as the tightening of borders and the restricting of visas, there will be an increased demand for black market smuggling, limiting the victims’ options to cross the border legally. This would defeat efforts to combat human trafficking by empowering the trafficker and providing for further exploitation of the victim. ADI 2010 23 Fellows—Bankey & Moczulski Trafficking Aff

***Feminism*** ADI 2010 24 Fellows—Bankey & Moczulski Trafficking Aff Feminism Adv – Restrictions Bad

The TVPA is a ruse for the evangelical war on prostitution – the language prevents any sex worker from receiving a visa. Block 4 New York-based journalist and the author of Pushed: The Painful Truth About Childbirth and Modern Maternity Care Jennifer, “Why the Faith Trade is Interested in the Sex Trade” Catholics for Choice, Summer http://www.catholicsforchoice.org/conscience/archives/c2004sum_sextrafficking.asp)

The bill that ultimately became the TVPA covers all forms of trafficking—language introduced by the late senator Paul Wellstone and eventually supported by everyone—and is overall considered a good bill. Most significantly, it prevents a victim of trafficking in the US from being criminally charged (for prostitution, for instance) and immediately deported, although victims’ access to rehabilitation services and a temporary “T” visa is contingent upon their willingness to cooperate with a criminal prosecution, which many activists find problematic. After the legislative tug-of-war, it was a most bizarre picnic: Gloria Steinem and Chuck Colson, Concerned Women for America and the National Organization for Women, the Family Research Council and Catholics for a Free Choice. Still, the offspring of such unlikely political bedfellows takes after its evangelical parent in one significant way: in a section of the bill, the term “sex trafficking” refers to all commercial sex. This pleased conservative feminists but more significantly enabled the broader social agenda of the Christian right. If trafficking is prostitution per se, then evangelicals can fight all prostitution, throughout the world, in the name of trafficking, funded by “anti- trafficking” initiatives. It’s a moral crusade that “goes all the way back to Mary Magdalene,” says Chip Berlet at Political Research Associates, who’s been monitoring the religious right for two decades. “They’re not trying to liberate women, or trying to let them control their own destiny. They’re trying to stop women from sinning.” An old idea, indeed, but one that is dressed up in a modern human rights rubric and supported by a vocal feminist faction. The problem with “saving” women is when a job at the local factory—often the only other game in town—doesn’t approach a living wage. ADI 2010 25 Fellows—Bankey & Moczulski Trafficking Aff

Feminism Adv – Coercion Bad

The force fraud and coercion standard in the TVPA doesn’t account for external factors that persuade women to make the decision. Margarida 9 senior undergraduate in social work at Providence College, Ashley, “Human Trafficking and Global Policy: A Study on the Casual Factors of Human Trafficking” http://digitalcommons.providence.edu/cgi/viewcontent.cgi?article=1035&context=socialwrk_students

Perhaps most importantly, an approach that so heavily emphasizes forced prostitution ignores the critical issues of prostitution in general and implies a group more worthy of saving. Debates remain about the freedom of sex workers who have not necessarily been trafficked, but are controlled by their pimps and suffer from violent clients (Aradau, 2008). Because many believe that no normal woman would freely enter into this work, the ability to “choose” to become a prostitute does not seem very feasible. The social and economic structure of one’s country and personal experience can be a variable which can be seen just as coercive and controlling as a human trafficker or pimp (Aradau, 2008). Therefore, women may never have the capacity to freely decide how they may earn their living as many just need to find a way to survive. While automatically connecting human trafficking with prostitution is problematic, distinguishing the former from the latter as a form of “forced prostitution” is just as detrimental. Differentiating between forced and voluntary prostitution suggests reason for 23 guilt or innocence and therefore an entitlement to protection and rights depending on where one falls (Aradau, 2008).

Coercion standard is in opposition to international laws that focus on exploitation rather than consent. Rieger 7 JD candidate, Cornell Law School (April, “Missing the Mark: Why the Trafficking Victims Protection Act Fails to Protect Sex Trafficking Victims in The United States” Harvard Journal of Law & Gender, 231-256, http://www.law.harvard.edu/students/orgs/jlg/vol301/rieger.pdf

By contrast, migrant sex workers who knew and consented to the type of work and conditions they ultimately encountered are not considered “severe” sex trafficking victims worthy of protection under the TVPA. Instead, these women are viewed as prostitutes and illegal aliens and typically detained and deported. The apparent distinction is full knowledge and consent—if a woman agrees to be smuggled to the United States to work in a brothel in dangerous conditions, she cannot later claim to be an unwilling victim when arrested for prostitution because she was not “forced or coerced.” In this respect, the TVPA’s definition of “severe trafficking” is directly at odds with the United Nations’ definition of trafficking that focuses on exploitation rather than coercion, and explicitly makes consent irrelevant to the determination of a trafficking victim.157 Similarly, many feminists argue that because one can never legally consent to slavery, even migrant sex workers who consent to slave-like conditions are trafficking victims.158 Perhaps Congress agreed with those feminists who argue that to label these consenting women as trafficking victims is to undermine their agency over their bodies and economic choices. However, other feminists respond that privileging the woman’s right to consent, thereby excluding her from the class of protectable victims, is not only harmful, but also fictional.159 After all, “[i]f prostitution is a free choice, why are the women with the fewest choices the ones most often found doing it?”160 ADI 2010 26 Fellows—Bankey & Moczulski Trafficking Aff

Feminism Adv – Coercion Bad

The discourse of coercion by the right removes consent from the question by framing all sex workers as passive victims Chuang 10 Assistant Professor of Law, American University Janie, “RESCUING TRAFFICKING FROM IDEOLOGICAL CAPTURE: PROSTITUTION REFORM AND ANTI-TRAFFICKING LAW AND POLICY,” 158 U. Pa. L. Rev. 1655)BB Neo-abolitionists have capitalized on this intense focus on sex trafficking to conflate sex trafficking and prostitution writ large, and to pursue abolition of prostitution under the banner of “trafficking.” Their success is well-evidenced by the direct linkage NSPD-22 posits between trafficking and prostitution, and the neo-abolitionist gains in antiprostitution legal and policy reforms described above. Focusing on prostitutes’ impoverished backgrounds, histories of sexual abuse, and the exploitative conditions in the sex industry, neo-abolitionists have shaped and fed public skepticism over whether meaningful consent to prostitution is even possible. This is particularly so when it comes to Third World prostitutes, who are characterized as “perpetually underprivileged and marginalized” by all-encompassing economic and cultural oppression such that the very possibility of choice or agency is negated.

The force fraud and coercion standard eliminates any trafficking victim that consented to sex work Zimmerman 5 doctoral candidate in the religion and social change concentration of the joint Ph.D. in religious and theological studies at Iliff School of Theology and University of Denver. She is also a member of the adjunct faculty at the University of Denver and the University of Colorado at Colorado Springs. (Yvonne, “Situating the Ninety-Nine: A Critique of the Trafficking Victims Protection Act” Journal of Religion & Abuse Vol 7 (3) November, 37-56)

The stated purpose of the TVPA is to redress what it terms “severe forms” of human trafficking (U.S. Department of State, 2000, section 102, subsection b.19; section 107 subsection b.1.B; section 107, subsection b.1.E.i.I). According to the definition laid out in the Act, to constitute trafficking as defined by the statute, one must find fraud, force, or coercion: The term “severe forms of trafficking in persons” means– (a) Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such an act has not yet attained 18 years of age; or (b) 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. (U.S. Department of State, 2000, section 103, subsection 8) Thus to qualify as trafficking, the woman’s conduct must meet a threshold question: ‘Was her conduct the result of coercion, fraud, or force?’ These three categories are narrowly constructed. ‘Coercion,’ ‘force,’ or ‘fraud’ is determined by what the trafficker has done to elicit a woman’s placement into a trafficking circuit. The categories of coercion, force and fraud are not evaluated in light of social conditions or factors that may have structured or contributed to a woman’s decision to enter into the cross-border sex trade. In fact, the possibility that a woman might decide to enter a trafficking circuit is implicitly ruled out. This possibility is ruled out because coercive or constraining economic conditions that might push a woman to enter a trafficking circuit are not considered legitimate forms of coercion or force under the statute. Consequently because coercion, fraud and force are informed exclusively by criminal conceptions, they exclude the economic, political, and/or social factors that may, in fact, constitute the underlying reason for a woman’s conduct. ADI 2010 27 Fellows—Bankey & Moczulski Trafficking Aff

Feminism Adv – Coercion Bad

Force fraud and coercion creates an artificial distinction between smuggling and trafficking Srikantiah 7 Associate Prof of Law and Director of Immigrants Rights Clinic @ Stanford Law School (Jayashri, “Perfect Victims and Real Survivors: The Iconic Victim in Domestic Human Trafficking Law” Boston University Law Review Vol 87: 157-211).

However, agencies implementing the TVPA provide no explicit guidance on distinguishing trafficking victims from other undocumented migrants, other than by reference to the statutory requirement that trafficking victims be induced to enter into the trafficking enterprise through force, fraud, or coercion. The DOJ fact sheet states, for example, that “it may be difficult to quickly ascertain whether a case is one of human smuggling or trafficking,” but that “key components that will always distinguish trafficking from smuggling are the elements of fraud, force, or coercion.”197 Whereas undocumented migrants are presumed to exercise free will in making the decision to cross the border illegally, trafficking victims are presumed to cross the border under the control of the trafficker. The difficulty is that smuggling and trafficking are hard to distinguish from one another.198 The typical undocumented economic migrant is propelled by various forms of atmospheric “push” factors, ranging from dire economic conditions and political instability to strained family circumstances.199 The difference between the typical economic migrant and the trafficking victim is that the trafficking victim is influenced not only by these factors, but also by the actions of an individual wrongdoer: the trafficker. Determining whether a victim was defrauded or coerced by the trafficker (beyond the typical push factors) requires a complex and detailed factual examination of the victim’s state of mind and the trafficker’s actions. As to fraud, the inquiry turns on, among other things, an examination of trafficker disclosure (or failure to disclose) and source country socioeconomic power dynamics.200 The inquiry must constantly change and adjust to new trafficker methods.201 The fraud determination is further complicated by the transnational nature of trafficking, which necessitates examination of decisions made outside the United States. A hypothetical illustrates the difficulty of making a clear distinction between trafficking victim and economic migrant.202 Imagine a poor young woman from the developing world whose friends have left for better opportunities abroad. She and her family have been impoverished by recent civil war. She must find a way to support her children. She is aware that some of her friends have been subjected to exploitation for forced labor; others have been more fortunate and have been able to send money to family members abroad. When a trafficker approaches her, promising work abroad, she is not naïve as to the possibility of exploitation, but hopes for better opportunities. The trafficker suggests that she accompany him to obtain false immigration papers. He does not threaten or physically harm her when they go to the local embassy to arrange for travel to the United States. She flies with him to the United States. He then informs her that she must work sixteen- hour days in a factory for five dollars per day and confiscates her passport. She is concerned that he will report her to the immigration authorities if she tries to leave. When making the decision to migrate, the victim was motivated by the need to support her family in the wake of political instability. She knew the nature of the work, but not the nature of the compensation, or that her passport would be confiscated upon arrival.203 Her migration was partially influenced by the typical push factors (she wished to leave and seek better opportunities), but also induced by false promises from the trafficker. The hypothetical illustrates the challenges in drawing a clear distinction between smuggling and trafficking. As two commentators recently explained, “contrary to the conventions of enforcement agencies and news reporting, which tend to identify ‘the bad guys’ and their victims, much migrant smuggling or trafficking operates in an ambiguous area that is neither purely voluntary nor involuntary from the perspective of the migrant.”204 ADI 2010 28 Fellows—Bankey & Moczulski Trafficking Aff

Feminism Adv – Vulnerability

And, these anti-prostitution policies are rooted in patriarchy, assuming away agency from women makes trafficking and abuse against women more likely. Chuang 10 Assistant Professor of Law, American University Janie, “RESCUING TRAFFICKING FROM IDEOLOGICAL CAPTURE: PROSTITUTION REFORM AND ANTI-TRAFFICKING LAW AND POLICY,” 158 U. Pa. L. Rev. 1655)BB At the same time, the abstract focus on the exploitation and women and girls’ (assumed) particular susceptibility to victimization, leads to prophylactic solutions – i.e., restrictions on women’s migration – that fail to appreciate, if not outright exacerbate, the background migratory pressures that create vulnerability to traffickers. The notion that women make for naïve, passive, ignorant migrants risks conflating any female migration with trafficking. Purported concern over these vulnerable women provides a convenient excuse for restrictions on women’s migration, motivated at best by paternalism, and at worst a deeper anti-migration agenda. For example, Nepalese [and Bangladeshi – confirm] law restricts women under 35 from traveling overseas without a male guardian’s written consent.194 In similar vein, Indian government officials can deny permits to females migrating for labor where the work is deemed against public policy or public interest – for example, women under 30 are considered an especially vulnerable group and are prohibited from working as domestic workers in the Gulf, Africa and Southeast Asia.195 In the United States, concern over abuse of domestic workers brought to the United States by foreign diplomats has caused the State Department to consider suspending certain embassies’ diplomats from bringing in domestic workers altogether.196 These overbroad, prophylactic measures restricting migration are a convenient alternative to addressing the coercive and abusive practices that women may be subjected to in the course of movement – e.g., exorbitant migration and/or labor recruitment fees. It is in this sense that neoabolitionist constructions of the problem of trafficking hinder development of long-term strategies for combating trafficking. Assuming away agency on the part of female migrants obviates critical examination of the ways in which women turn to informal migration avenues and to the informal economy for work (including the sex industry). This results in a fundamental failure to understand how restrictions on female migration (especially for semi- or unskilled workers) actually make all the more attractive offers by third parties to facilitate their clandestine migration, thus increasing vulnerability to trafficking.197 ADI 2010 29 Fellows—Bankey & Moczulski Trafficking Aff

Feminism Adv – Victimization

Reform is necessary – removing the coercion standard accounts for the socio-political motives of trafficking and allows women to reclaim agency Zimmerman 5 doctoral candidate in the religion and social change concentration of the joint Ph.D. in religious and theological studies at Iliff School of Theology and University of Denver. She is also a member of the adjunct faculty at the University of Denver and the University of Colorado at Colorado Springs. (Yvonne, “Situating the Ninety-Nine: A Critique of the Trafficking Victims Protection Act” Journal of Religion & Abuse Vol 7 (3) November, 37-56)

The U.S.’s human trafficking legislation has developed narrow definitions of ‘victim’ and ‘victimization.’ As we have seen, it selects for victims who are both passive and female and, furthermore, whose victimization consists chiefly of sexual exploitation. I have argued that victims who perfectly fit this description are relatively few and far between. In fact, if the efforts of the past four years are any indication, this particular victim-profile accounts for approximately one percent of the number of trafficking victims that are estimated to enter this country each year. To be clear: the issue I raise is not whether trafficking actually takes place (it surely does) or whether trafficking constitutes a violation of human rights (without a doubt); rather the issue I highlight is the significant slippage that exists between assertions of trafficking as a widespread phenomena that takes multiple forms and is spread across many labor industry sectors on one hand and, on the other, a legislative tool that patterns its legal definitions of victimization on the stereotype of a passive, sexually violated woman. Thus, it is not for a lack of victims that so few victims have been identified since the implementation of the TVPA, but because out of the panoply of victims within human trafficking, the TVPA selects for a very specific type of victim. Though the impulse behind the TVPA is, for all intents and purposes, not to be faulted, the actual legislation still operates according the myth that hu- man trafficking occurs outside of time and space and is populated only by the ideal types of ‘criminal’ and ‘victim.’ The ideal types of aggressive ‘criminal’ and passive ‘victim’ may be neat and tidy but, fueled by the engines of the global market economy, the dynamics that shape human trafficking do not automatically conform to these dichotomous categories. The TVPA focuses on and criminalizes tactics of coercion, force or fraud that a trafficker employs to coerce a woman to enter a trafficking network, thereby identifying these tactics as the primary source of the global trafficking phenomenon. But in real life, these scenarios and the use of these unscrupulous tactics are always situated within sets of socio-political and economic conditions that are by no means disconnected from or external to women’s decisions. Socio-economic and political coercion may be more difficult to pinpoint in time-bound increments, but their broad effects are every bit as real as specific instances of traffickers giving false promises to women or engaging in deceptive business deals. In other words, the coercive elements of trafficking are not exhausted by the discrete exchanges between a trafficker and (his) (female) victim. Poverty is highly coercive because it is typically accompanied by marked limitations on the avenues that are available to meet basic needs. Thus, in order to address trafficking in a more comprehensive and effective manner, conceptions of coercion must be re-aggregated to the socio-political and economic conditions that propel individuals, and particularly women and children, into trafficking networks. Only after this step will it become possible to effectively challenge the tidy, but ultimately unhelpful and inaccurate, stereotype of the passive, sexually exploited female victim that by assumed in current U.S. trafficking legislation and that structures typical perceptions of human trafficking in this country. ADI 2010 30 Fellows—Bankey & Moczulski Trafficking Aff

Feminism Adv – Consent

Consent is a pipedream – the coercion standard is an excuse to bolster anti-prostitution bias against women in the sex industry. Chapkis 03 Associate Prof of Sociology and Director of Women’s Studies, University of Southern Maine (Wendy, “Trafficking Migration and the Law, Protecting Innocents and Punishing Immigrants,” Gender and Society, December, 17.6, 923-937)

The issue of consent has been a central problem in discussions of prostitution. Are all sex workers “victims,” including those who consciously enter the trade? Are only those who are forced into prostitution “innocent” when faced with abuse? Certainly, few workers in any trade fully consent to their labor, if by consent we mean freely choosing it from among an expansive range of occupational (or even survival) options. However, as sex workers’ rights advocates have noted, making consent irrelevant in prostitution can further undermine the well-being of those in the sex trade by, for example, making the rape of a prostitute no more than redundant. Furthermore, by defining prostitution itself as violence, its prohibition and criminalization can be justified as “for the workers’ own good” (much as antiimmigration policies are presented as measures taken in the migrants’best interest). Sex workers and their clients thereby become criminals suffering additional abuse at the hands of the state. For these reasons, since the 1970s, sex worker’s rights activists have objected to the notion that all sex workers are victims and have challenged the idea that those who pay for their services, or who assist them in securing work or arranging for migration, should indiscriminately be defined as perpetrators, pimps, and traffickers (Chapkis 1997; Delacoste and Alexander 1998; Nagle 1997; Pheterson 1989; Shrage 1994;Weitzer 2000). They have insisted that antiprostitution legislation be focused on forced prostitution, not commercial sex per se. In recent years, sex worker’s rights activists have become as concerned as antiprostitution feminists with the dangers of the “forced” and “free” distinction, especially when it is used to determine which prostitutes deserve protection from abuse (Doezema 1998, 34-50). As prostitution researcher Jo Doezema (1998, 45) pointed out, laws focusing only on victims of forced prostitution leave most sex workers outside of their protective umbrella: “It is one thing to save innocent victims of forced prostitution, quite another to argue that prostitutes deserve rights.” ADI 2010 31 Fellows—Bankey & Moczulski Trafficking Aff

Feminism Adv – Certification

Status quo policy denies certification to women that are sex workers – undermining the experience of many trafficked women Rieger 7 JD candidate, Cornell Law School (April, “Missing the Mark: Why the Trafficking Victims Protection Act Fails to Protect Sex Trafficking Victims in The United States” Harvard Journal of Law & Gender, 231-256, http://www.law.harvard.edu/students/orgs/jlg/vol301/rieger.pdf

The victims most in danger of being wrongfully denied certification despite technically qualifying for benefits under the TVPA are victims who have consented to come to the United States and to work in the sex industry, but who find themselves in slave-like conditions—in other words, migrant sex workers. The reality is that many women migrate to the United States to work in the sex industry because it offers better opportunities than what is available in their home country. To ignore that reality is harmful to these women. Some feminists argue that describing and portraying the average sex trafficking victim as an “innocent coerced” undermines the experiences of a large group of women who are not victims but have instead exercised agency in choosing to come to the United States to work the sex industry.153 This kind of essentialism of what it means to be a sex trafficking victim is harmful because it defines the average victim in such a manner that it necessarily makes all women who choose sex work “bad” prostitutes who are not worthy of protection.154 This dichotomy disregards the complexities of sex trafficking and leads to under-certification of trafficking victims. For example, in describing to the press how he would proceed with undocumented prostitutes arrested in a brothel raid, an Assistant United States Attorney said, “[t]he fate of the women will hinge on whether prosecutors determine they were forced to work against their will or whether they participated in the sex ring voluntarily.”155 However, this federal prosecutor is wrong about the law, at least as the TVPA should be applied in this case. He is overlooking the possibility that some women may have originally agreed to participate, but may not have agreed to abusive and slave-like working conditions such as debt bondage.156 That type of situation would fit into the language of the TVPA, meaning those women should be certified as trafficking victims, rather than prosecuted for prostitution and illegal entry. Part of the problem is that there is very little case law interpreting the TVPA. ADI 2010 32 Fellows—Bankey & Moczulski Trafficking Aff Feminism Adv – Solvency

Expanding the scope of force fraud and coercion is necessary to prevent abuse against women that are trafficked. Raymond, 09, Co-Executive Director, Coalition Against Trafficking in Women Dr. Janice G., “When it Comes to Human Trafficking, Consent is Irrelevant” July 4th ) http://brainpuzzle.wordpress.com/2009/07/04/when-it-comes-to-human-trafficking-consent-is-irrelevant/ Any definition and scope of trafficking should include the element, with or without the consent of the person trafficked. At the very least, any definition of trafficking which includes the use of force, coercion, fraud, debt bondage, or deceit should also include “the use of other means in cases of commercial sexual exploitation.” Rationale: Consent of the victim should be irrelevant to any proposed definition and scope of trafficking. Many victims initially consent to trafficking for prostitution, for example, having no idea of what they will be subjected to upon arrival. Many are propelled into the sex industry by poverty, past abuse, and by powerful social inequities. Any legislation that allows traffickers to use consent as a defense would not protect most victims of trafficking. Because the traffickers control the trafficking, they also control the evidence. Many traffickers require women and children to feign consent. Regardless of how women and children enter the sex industry, victims of sex trafficking suffer enormous harm, violence and human rights abuses. Regardless of how women and children enter the sex industry, most cannot exit without social support, legal protection, and economic alternatives. Thus, exploitation, rather than coercion, should be the operative concept in any definition and scope of trafficking. The focus on “kidnapping, force, fraud, deception and coercion” is too narrow, will not protect large numbers of trafficked victims, and allows most traffickers and perpetrators to escape prosecution. ADI 2010 33 Fellows—Bankey & Moczulski Trafficking Aff

***Trafficking*** ADI 2010 34 Fellows—Bankey & Moczulski Trafficking Aff Trafficking Adv – Terrorism Link

International trafficking is a key contributor to terrorism Keefer 06 United States Army Colonel Sandra L. “HUMAN TRAFFICKING AND THE IMPACT ON NATIONAL SECURITY FOR THE UNITED STATES,” USAWC STRATEGY RESEARCH PROJECT, http://www.dtic.mil/cgi-bin/GetTRDoc? Location=U2&doc=GetTRDoc.pdf&AD=ADA448573)BB Trafficking and terrorism are linked. Terrorists use the transportation networks of smugglers and traffickers to move operatives. In many parts of the world, profits from drug trading provide funds for terrorism, and in certain regions of the world trafficking is a large and significant component of that economy. Examples of this include the Balkans, Southeast Asia, Philippines and parts of the former Soviet Union. In the Balkans, trafficking is a major source of profits for organized crime groups which have links to terrorists. In Southeast Asia and the Philippines, trafficking is significant enabling potential terrorists to move their money easily through the channels of the illicit economy. 15

Trafficking is key to Al Qaeda’s funding Keefer 06 United States Army Colonel Sandra L. “HUMAN TRAFFICKING AND THE IMPACT ON NATIONAL SECURITY FOR THE UNITED STATES,” USAWC STRATEGY RESEARCH PROJECT, http://www.dtic.mil/cgi-bin/GetTRDoc? Location=U2&doc=GetTRDoc.pdf&AD=ADA448573)BB The thread of trafficking runs through Al Qaeda’s tapestry of terror. Since the start of the war in Afghanistan, reports have indicated that the Taliban engaged in open abduction of women and girls, taking them as war booty. There are numerous accounts of forced marriages, rapes, women and girls forced to act as concubines, and numerous killings. Many of those girls who were not used as concubines were sold as sexual slaves to wealthy Arabs through contacts arranged by the Al Qaeda terrorist network. Proceeds from these sales allegedly helped keep the cash-strapped Taliban afloat.17 In the National Security Strategy of the United States of America, September 2002, President Bush wrote that “the United States will continue to work with our allies to disrupt the financing of terrorism. We will identify and block the sources of funding for terrorism.18 ADI 2010 35 Fellows—Bankey & Moczulski Trafficking Aff

Trafficking Adv – AIDS Link

Trafficked persons are at a unique risk of contracting AIDS Johansen 06, assistant professor and undergraduate director at California State University Chico School of Social Work (Pamela, “Human Trafficking, Illegal Immigrants and HIV/AIDS: Personal Rights, Public Protection,” Californian Journal of Health Promotion 2006, Volume 4, Issue 3, 34-41, http://www.csuchico.edu/cjhp/4/3/034- 041-johansen.pdf)BB Estimates of the numbers of victims are extremely variable. The U.S. Department of State estimated that between the years 2004-2005, 600,000 to 800,000 victims of human trafficking crossed international borders with between 14,500 and 17,500 coming into the United States (U. S. Department of State, 2005). Others have estimated that as many as 100,000 people are trafficked into the United States each year (Richard, 2000). It is generally believed that human trafficking numbers are underestimated (Hopper, 2004; Loff & Sanghera, 2004). High percentages of these victims are reportedly women and children, although the specific characteristics of victims, as well as the numbers of victims remain unknown (Bales, 2005; Hopper, 2004; Webber & Shirk, 2005). Moral, political, and fiscal motivations may distort reported human trafficking demographics in favor of groups supported by public sympathy and public funding targets (Loff & Sanghera, 2004). There some difficulties identifying potential numbers of victims and disagreement as to the accuracy of the numbers, types of victims, and potential solutions. Many advocates see trafficking as human rights or more specifically, women’s rights concerns. Women and girls are believed to be vulnerable to both human trafficking and HIV/AIDS given their traditionally subordinate position in societies (Chuang, 2004; Perkins, 2004). Involvement in the commercial sex industry is considered to be an important potential source of HIV transmission, especially among migrant laborers (Maxwell, Cravioto, Galvan, Ramirez, Wallisch, & Spence; 2005). ADI 2010 36 Fellows—Bankey & Moczulski Trafficking Aff Trafficking Adv – Solvency

Clarifying the definition of human trafficking is key to international trafficking enforcement Payne 09 JD Candidate, Regent School of Law, Valerie S. “ON THE ROAD TO VICTORY IN AMERICA'S WAR ON HUMAN TRAFFICKING: LANDMARKS, LANDMINES, AND THE NEED FOR CENTRALIZED STRATEGY,” 21 Regent U.L. Rev. 435, Lexis)BB "What is human trafficking?" The answer to this foundational question is informed by one's personal, or even legal, framework. n116 Varying viewpoints invariably lead to varying definitions. In legislating the scope and boundaries of human trafficking as a crime, much hinges on the arrangement of particular wording in definitional provisions. n117 Anti-trafficking laws impacting the United States exist at three levels-state, federal, international. n118 Although these pieces of legislation cast "a kind of definitional anchor," none "define human trafficking or trafficking victimization in exactly the same way." n119 The definitional provisions at each level have triggered ongoing lengthy political debate n120 [*458] and vigorous disagreement, n121 which tends to delay the enactment process. n122 Beyond slowing the legislative process, the implications of these definitional debates-and the differences between statutory provisions-are far reaching, impacting not only a victim's ability to receive appropriate relief and government benefits, n123 but also methodologies for victim screening protocols n124 and gathering statistical research data. n125 [*459] Overall, differences in definitions make it difficult to standardize certain tools that are vital to fighting the war on human trafficking. Just as it is difficult to fight a war against an enemy who is not clearly defined, lack of uniformity among statutory definitions can lead to confusion that impedes effectiveness in the war on human trafficking.

Expanding trafficking laws is necessary to international compliance Chuang 10 Assistant Professor of Law, American University Janie, “RESCUING TRAFFICKING FROM IDEOLOGICAL CAPTURE: PROSTITUTION REFORM AND ANTI-TRAFFICKING LAW AND POLICY,” 158 U. Pa. L. Rev. 1655)BB Neo-abolitionist influence on how trafficking is conceptualized also risks undermining the ability of U.S. and international laws on trafficking to serve the populations these laws were designed to protect. The reductive focus on trafficking of women and girls for sex trafficking and prostitution overlooks key trafficked populations purposely included in the legal definitions of trafficking. Moreover, analogizing trafficking to slavery U.S. and international anti-trafficking laws were designed to address trafficking of men, women, and children for both sexual and non-sexual exploitation. Yet neo-abolitionist pressure has resulted in uneven enforcement of these laws, domestically, with the emphasis of law enforcement activity, resource allocation, and service provision targeted at sex trafficking and prostitution. Other countries have followed suit, in being more likely to adopt domestic laws on sex trafficking than for labor trafficking, and often passing anti-prostitution laws under the guise of “trafficking” laws. Until recently, the U.S. sanctions regime implicitly condoned such uneven legislative responses to the different forms of trafficking.174 In addition to disregarding key trafficked populations, this outcome undermines the UN Trafficking Protocol’s goal of ensuring consistent legal definition of trafficking from country to country to facilitate effective international cooperation to combat trafficking.175 ADI 2010 37 Fellows—Bankey & Moczulski Trafficking Aff Trafficking Adv – Modeling

US action out of treaty obligation causes spillover Culpepper 10 J.D. candidate @ Vanderbilt Brent, “Missed Opportunity: Congress's Attempted Response to the World's Demand for the Violence Against Women Act,” 43 Vand. J. Transnat'l L. 733, Lexis)BB The United States is a crucial part of creating a human rights regime that exerts the necessary pressure to force nations to comply with fundamental human rights standards. n74 To put it slightly differently, the United States' participation in the development of international human rights laws is fundamental to the evolving human rights regime's credibility and legitimacy in a globalized community. n75 The United States cannot avail itself of its significant bully pulpit as long as the international community continues to question U.S. decisions to limit its participation in broadly recognized human rights norms, including a strong commitment to gender equality. n76

US action is key to overcome charges of hypocrisy Culpepper 10 J.D. candidate @ Vanderbilt Brent, “Missed Opportunity: Congress's Attempted Response to the World's Demand for the Violence Against Women Act,” 43 Vand. J. Transnat'l L. 733, Lexis)BB Legislation geared at combating gender-motivated violence and ensuring gender equality offers a unique opportunity to construct a Congressional role in drafting implementing legislation. Part III(A) of this Note chronicled how U.S. failure to enact legislation addressing present gender equality disparities undermines the overall force of the U.S. voice on gender-related issues abroad. n107 Congressional action on gender issues substantially undermines the claims of hypocrisy. n108 Moreover, linking gender- focused legislation to international human rights obligations, whether as implementing legislation or as a response to CIL obligations, removes U.S. non-compliance as a means of political cover for nations currently escaping criticism of their atrocious women's rights records. Removing this political cover forces nations to affirmatively answer charges of human rights abuses alleged by the international community. n109 These charges are most powerful when backed by the force of U.S. human rights legitimacy. n110 ADI 2010 38 Fellows—Bankey & Moczulski Trafficking Aff

***HR Cred*** ADI 2010 39 Fellows—Bankey & Moczulski Trafficking Aff HR Cred Adv – Low Now

Human rights credibility is fading – restoration is key Culpepper 10 J.D. candidate @ Vanderbilt Brent, “Missed Opportunity: Congress's Attempted Response to the World's Demand for the Violence Against Women Act,” 43 Vand. J. Transnat'l L. 733, Lexis)BB The international human rights regime continues to evolve - in both its scope and legal apparatus - at an unprecedented rate. n66 However, as many will concede - particularly nations other than the United States and the United Kingdom - the U.S. war on terror significantly damaged the moral leadership necessary for the United States to remain a powerful advocate for the human rights regime. n67 Unfortunately, other nations did not fill the human rights vacuum left by the United States. Rather, the United States' lack of human rights credibility threatens to truncate the much-needed development of a uniform international regime. n68 ADI 2010 40 Fellows—Bankey & Moczulski Trafficking Aff HR Cred Adv – Link – Hypocrisy

The United States’ crime control approach to sex trafficking draws criticism internationally and destroys humans rights credibility Hartsough 02 JD Candidate @ Hastings College of Law, (Tala, “Asylum for Trafficked Women: Escape Strategies Beyond the T Visa” Hastings Women’s Law Journal, 13 Hastings Women’s L.J. 77) International human rights authorities and non-governmental organizations have expressed skepticism about a crime control approach adequately protecting the human rights of victims of trafficking. The United Nations High Commissioner for Human Rights, Mary Robinson, wrote regarding the U.N. Trafficking Protocol: "[i]t is important in this context to note that victim protection must be considered separately from witness protection, as not all victims of trafficking will be selected by investigating and prosecuting agencies to act as witnesses in criminal proceedings.,,257 The U.N. Special Rapporteur on Violence Against Women expressed concern that the international instrument dealing with trafficking, the U.N. Trafficking Protocol, "is being elaborated in the context of crime control, rather than with a focus on human rights.,,258 The Special Rapporteur's report on trafficking also highlighted concern about individual countries adopting this crime-fighting approach. "On the issue of trafficking, Governments overwhelmingly adopt a law and order approach, with an accompanying strong anti-immigration policy. Such an approach is often at odds with the protection of human rights.,,259

The United States international policy is hypocritical – it polices the global community but doesn’t meet the standard for anti-trafficking measures Cummings 08 Masters in Criminal Justice from John Jay College of Criminal Justice (Kristina, “The Trafficking in Victims Protection Act: A Feasibility Assessment” Journal of Race, Gender, and Ethnicity, Volume 2 March 2008, 37-62) International organizations and agencies that combat trafficking have expressed disappointment in the TVPA.176 Gary Haughen, President of the International Justice Mission, claims that this policy fails to adequately address trafficking due to the “State Department’s willingness to publicly grant passing grades to countries that are the very worst offenders.”177 Based on Mr. Haughen’s statement, it appears that not only is the United States not rated or assessed on its anti-trafficking efforts by an independent entity, but it also overlooks many countries’ violations of the minimum standards as outlined in the Act. The 2003 Trafficking in Persons Report claims to have addressed this issue by threatening to impose harsh economic sanctions against violating countries.178 However, it remains unclear whether the U.S. Government actually followed through with this threat, or if it was simply useless rhetoric.

International human rights approach is key Shinkle 07 Research Associate at the Institute for the Study of International Migration at the Walsh School of Foreign Service at Georgetown University (Whitney, “Protecting Trafficking Victims: Inadequate Measures”, August 2007, http://isim.georgetown.edu/Publications/GMF%20Materials/TVPRA.pdf) The US framework could be most strengthened by instruments designed to enhance the human rights approach to victims. The institution of a reflection period, along the lines of that mandated in Europe, 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 options, is appropriate. Providing services, legal counsel, and protection independent of a survivor’s decision to participate in law enforcement efforts would further strengthen the credibility of the human rights approach. ADI 2010 41 Fellows—Bankey & Moczulski Trafficking Aff

HR Cred Adv – Link – Prosecution Approach

A prosecution approach fails and is in violation of international law against traffickers Haynes 4 teaching at Center for Applied Legal Studies, Georgetown University Law Center (Dina, “Used, Absurd, Arrested, Deported”) http://muse.jhu.edu/journals/human_rights_quarterly/v026/26.2haynes.html A prosecution-oriented approach that fails to place any premium on protection may contravene existing international law.104 Prosecution models may also simply be ineffective in the face of the multitudinous pitfalls to successful prosecution in countries where trafficking is most prolific: corrupt or inefficient police and border guards; lack of an administrative structure to support the complex task of investigating, arresting, prosecuting, and convicting traffickers; lack of communication between various agencies involved; failures or ineptitude within the judicial process; the preference of police to go for the easier arrest of the victim rather than of the trafficker; the preference of the prosecutors to go for the easier charges of "prostitution," illegal immigration, unauthorized labor, or fraudulent documents (charging the victim), rather than to prosecute for the trafficking; the difficulty of reaching across borders to find the perpetrators (particularly between unfriendly neighboring nations); and the reluctance or inability of national police to cooperate internationally to effectively attack organized crime.105 [End Page 244] Prosecution models barely begin to address any of these less legal and more systemic administrative hurdles to prosecution. ADI 2010 42 Fellows—Bankey & Moczulski Trafficking Aff HR Cred Adv – Link – T-Visas Key

The United States needs to reform the T-Visas process in order to send an international signal to combat trafficking Lagon 10 Ambassador at Large and director of the Office to Monitor and Combat Trafficking in Persons at the US Department of State (Mark P., “Trafficking and Human Dignity” Policy Review, Hoover Institute, http://www.hoover.org/publications/policy-review/article/5788) To elicit cooperation from other nations in eradicating human trafficking, the U.S. needs to be seen as acknowledging that it confronts trafficking as well, as Molina’s story illustrates, and that we are willing to share lessons learned as well as talk about areas where there is room for improvement. I work closely with domestic agencies to show other nations we are not just delivering diplomatic demands to others to change but are deeply committed to change ourselves. The U.S. government identifies our own areas for improvement in an annual self-assessment produced by the Department of Justice.3 Within the United States, the Trafficking Victims Protection Act of 2000 (tvpa), which created the office I direct, also created the “t” Visa which allows trafficking victims to remain in the United States to assist federal authorities in the investigation and prosecution of human trafficking cases, and to give them a place of refuge in the aftermath of severe exploitation. This status applies even to individuals who may have come here originally without proper documentation, if it is clear that they were victims of human trafficking. From 2001 through January 2008, the U.S. Department of Homeland Security granted approximately 2,000 “t” visas to trafficking victims and their families, allowing them to remain in the United States. Human trafficking survivors from as many as 77 countries have been certified to receive certain U.S. federally-funded or administered benefits. Fortunately, Molina from the story above qualified for a “t” Visa under U.S. law and she now works as a security guard in Los Angeles; she’s completed English classes and is working toward her ged. While this victim-centered approach is laudable and something that we encourage foreign governments to consider, there is still room to improve at home. Many trafficking victims do not know that this form of relief exists. Greater government efforts need to be made to educate a highly vulnerable group of victims regarding what protections are available. Otherwise, as in so many countries, victims hidden in the shadows of complex, insidious manipulation — what sociologist Kevin Bales calls “disposable people”4 — are afraid to come forward and seek help, afraid to be treated as criminals and illegal aliens. The plight of exploited migrants, some of whom are susceptible to human trafficking, should not become enmeshed in our domestic immigration debate. We should be able to agree that those who arrive on our shores only to experience victimization in the form of human trafficking deserve proper care. As a global leader, we encourage the same response abroad. ADI 2010 43 Fellows—Bankey & Moczulski Trafficking Aff HR Cred Adv – AT: 2008 Amendments Solve

Loopholes still erode US anti-trafficking leadership Garza 08, president of Legal Momentum, The Women’s Legal Defense and Education Fund Irasema, , “Legal Momentum Applauds Passage of Trafficking Victims Protection Reauthorization Act,” December 12, http://www.legalmomentum.org/news-room/press-releases/legal-momentum-applauds-2.html

The passage of the TVPA eight years ago established the United States as a global leader in the struggle against human trafficking, and great strides have been made at home and abroad against this modern-day form of human slavery. In those eight years however, loopholes in the existing laws left victims without protection, despite Congressional intent that victims should be safe when cooperating with law enforcement. ADI 2010 44 Fellows—Bankey & Moczulski Trafficking Aff HR Cred Adv – Impact – Democracy

U.S. demo promo pressure is inevitable – enhanced credibility is key to making it effective Ottaway 03 Senior Associate and Co-Director of the Carnegie Endowment for International Peace Marina, Senior Associate and Co-Director of the Carnegie Endowment for International Peace, March 2003, Promoting Democracy in the Middle East, http://www.ciaonet.org/wps/otm01/otm01.pdf

Lack of credibility will not prevent the United States from trying to implement projects to encourage democratic change in the Arab world. In fact, the Middle East Partnership Initiative generated its first project even before Powell’s announcement. In November 2002, the State Department invited a group of Arab women who had run or planned to run for office to observe the election process here and to get advice from American experts on how to run a campaign more effectively. Projects of this kind can be carried out even in the absence of trust. There will always be visitors willing to come to the United States, or students interested in studying in American universities. But these are not programs that can make a significant difference in countries that are already open to the world. Tens of thousands of Arab students have graduated from American universities over the years; hundreds of thousands have visited. A few hundred more visitors will not make much difference. To play a more important role in the political transformation of the Mid dle East, the United S tates needs to establish its credibility as a pro- democracy actor. This will be difficult, but it is not impossible. It has been faced and solved elsewhere. For example, the United States had very low credibility in Latin America when itfirst started talking of democracypr omotion in the1980s, because in that region, too, it had historically chosen the stability of friendly autocratic regimes over the unpredictable outcome of political transitions. Sustained U.S. support for democratic change in the second half of the 1980s and throughout the 1990s slowly allayed suspicions about American intentions. The same is happening in many African countries , because U.S. support for democratic change has become more consistent during the last decade.

Global democratic consolidation is essential to prevent many scenarios for war and extinction. Diamond 95 Senior Fellow at the Hoover Institution, Stanford University, and founding co-editor of the Journal of Democracy Larry, Report to the Carnegie Commission on Preventing Deadly Conflict, December 1995, “Promoting Democracy in the 1990’s,” http://www.wilsoncenter.org/subsites/ccpdc/pubs/di/fr.htm

OTHER THREATS This hardly exhausts the lists of threats to our security and well-being in the coming years and decades. In the former Yugoslavia nationalist aggression tears at the stability of Europe and could easily spread. The flow of illegal drugs intensifies through increasingly powerful international crime syndicates that have made common cause with authoritarian regimes and have utterly corrupted the institutions of tenuous, democratic ones. Nuclear, chemical, and biological weapons continue to proliferate. The very source of life on Earth, the global ecosystem, appears increasingly endangered. Most of these new and unconventional threats to security are associated with or aggravated by the weakness or absence of democracy, with its provisions for legality, accountability, popular sovereignty, and openness. LESSONS OF THE TWENTIETH CENTURY The experience of this century offers important lessons. Countries that govern themselves in a truly democratic fashion do not go to war with one another . They do not aggress against their neighbors to aggrandize themselves or glorify their leaders. Democratic governments do not ethnically "cleanse" their own populations, and they are much less likely to face ethnic insurgency. Democracies do not sponsor terrorism against one another. They do not build weapons of mass destruction to use on or to threaten one another. Democratic countries form more reliable, open, and enduring trading partnerships. In the long run they offer better and more stable climates for investment. They are more environmentally responsible because they must answer to their own citizens , who organize to protest the destruction of their environments. They are better bets to honor international treaties since they value legal obligations and because their openness makes it much more difficult to breach agreements in secret. Precisely because, within their own borders, they respect competition, civil liberties, property rights, and the rule of law, democracies are the only reliable foundation on which a new world order of international security and prosperity can be built. ADI 2010 45 Fellows—Bankey & Moczulski Trafficking Aff

HR Cred Adv – Impact – Laundry List

The impact to strengthened human rights outweighs everything—it leads to war, has killed more than all 20th century wars combined, and leads to genocide and environmental destruction Shattuck 94, former US Assistant Secretary of State John, 9-12-1994, Federal News Service, nexis On the disintegration side, we are witnessing ugly and violent racial, ethnic and religious class conflict in Haiti, in Bosnia, in Central Asia, in Africa, most horribly in Rwanda -- all places where I have traveled in recent months and witnessed unspeakable suffering and abuses of the most fundamental rights. The new global community has yet to develop an adequate response to these horrors. We must intensify our search for new ways of holding individuals and governments accountable for gross human rights violations, for new ways of anticipating and preventing conflicts before they spiral into uncontrollable violence and reprisal, for new ways of mobilizing the international community to address an avalanche of humanitarian crises. These are daunting tasks. Why then has the Clinton administration made protecting human rights and promoting democracy such a major theme in our foreign policy? The answer I think lies not only in our values, which could be reason enough, but in the strategic benefits to the United States of a policy that emphasizes our values. We know from historical experience that democracies are more likely than other forms of government to respect human rights, to settle conflicts peacefully, to observe international and honor agreements, to go to war with each other with great reluctance, to respect rights of ethnical, racial and religious minorities living within their borders, and to provide the social and political basis for free market economics. In South Africa, in the Middle East, and now remarkably perhaps even in Northern Ireland, the resolution of conflict and the broadening of political participation is releasing great economic and social energies that can provide better lives for all the people of these long-suffering regions. By contrast, the costs to the world of repressive governments are painfully clear. In the 20th century, the number of people killed by their own governments under authoritarian regimes is four times the number killed in all of this century's wars combined. Repression pushes refugees across the borders and triggers wars. Unaccountable governments are heedless of environmental destruction, as witnessed by Chernobyl and the ecological nightmares of Eastern Europe.

Human rights credibility is key to fostering world stability Weinstein 02 US Senior District Judge, US District Court for Eastern District of New York Jack B., opinion in Beharry v. Reno, 183 F. Supp. 2d 584, 2002 U.S. Dist. LEXIS 757, http://www.aclu.org/hrc/WomensRights.pdf, p. 7)

E. Policy Reasons for Honoring Human Rights Obligations This nation's credibility would be weakened by non- compliance with treaty obligations or with international norms. The United States seeks to impose international law norms--including , notably, those on terrorism--upon other nations. It would seem strange , then, if the government would seek to avoid enforcement of such norms within its own borders. A former Chief Judge of the court of appeals in this Circuit recognized this concern. Comparing current judicial unease with human rights treaties to post-revolutionary unease with the Supremacy Clause, he stated: There are international supremacy clauses which have civil consequences and criminal consequences that we today are currently not comfortable with.... Once this country says there is a U.N. Charter, there are U.N. covenants, there are treaties, and we subscribe to them, in effect, having something of an international supremacy clause, then there are going to be civil and perhaps criminal consequences that we might not all think are so wonderful. But you can't simply say that we're going to have treaties for the rest of them but , of course, they won't apply to us. Statement of Jon O. Newman, 170 F.R.D. 201, 317-18 (1996) (Judicial Conference of the Second Circuit). The United States cannot expect to reap the benefits of internationally recognized human rights--in the form of greater worldwide stability and respect for people--without being willing to adhere to them itself. As a moral leader of the world, the United States has obligated itself not to disregard rights uniformly recognized by other nations. Thus, United States courts act appropriately when they construe statutory programs in accordance with international law; they avoid a construction which, "if given its literal application, would threaten the interests of the United States by placing the Nation in violation of international standards or embarrassing the political branches in their conduct of foreign relations." ADI 2010 46 Fellows—Bankey & Moczulski Trafficking Aff

HR Cred Adv – Impact – Russia Collapse

A strong US stance on human rights is necessary to prevent Russian revanchism and terrorism Blank 02 professor of national security studies at the Strategic Studies Institute of the U.S. Army War College Stephen, Washington Quarterly, Winter, http://muse.jhu.edu/login? uri=/journals/washington_quarterly/v025/25.1blank.html

A truly successful U.S. policy must prevent any state from establishing unilateral hegemony in Eurasia. The Eurasian states' enormous problems cry out for a multilateral dialogue about solving them. Neither Russia, itself a paragon of misrule, nor any other country can do so alone. Without playing imperialistic games, the United States , its allies, and its partners -- including Russia --must influence the security structure surrounding Russia and also constantly raise the issues of democracy and human rights. Only that policy can in the long run eliminate the causes of war and terrorism in that part of the world. As Deputy Secretary of Defense Paul Wolfowitz recently wrote: Nothing could be less realistic than the version of "realism" that dismisses human rights as an important tool of American foreign policy. There were no doubt policies put forward in the name of human rights that damaged or could have damaged other U.S. interests, but often these policies were bad for human rights and democracy as well -- for example, the notion that undermining the [shah's] regime would be a great advance for the Iranian people, or the belief that weakening South Korea's ability to defend itself from the North was necessary in order to advance human rights. What is more impressive is how often promoting democracy hasactuall y advancedother American interests. That approach appliest oda y to Russia. Unless we combine vigorous attention to regional security with democratization, we become Russia's enabler, not its exemplar.

Russian revanchism causes nuclear war Cohen 96 Senior Policy Analyst, Heritage Foundation Ariel, Heritage Foundation Backgrounder #1065, 1-25-96, http://www.heritage.org/Research/Reports/1996/01/BG1065nbsp-The-New-Great-Game

Much is at stake in Eurasia for the U.S. and its allies. Attempts to restore its empire will doom Russia's transition to a democracy and free-market economy. The ongoing war in Chechnya alone has cost Russia $ 6 billion to date (equal to Russia's IMF and World Bank loans for 1995). Moreover, it has extracted a tremendous price from Russian society. The wars which would be required to restore the Russian empire would prove much more costly not just for Russia and the region, but for peace, world stability, and security. As the former Soviet arsenals are spread throughout the NIS, these conflicts may escalate to include the use of weapons of mass destruction . Scenarios including unauthorized missile launches are especially threatening. Moreover, if successful, a reconstituted Russian empire would become a major destabilizing influence both in Eurasia and throughout the world. It would endanger not only Russia's neighbors, but also the U.S. and its allies in Europe and the Middle East. And, of course, a neo-imperialist Russia could imperil the oil reserves of the Persian Gulf. n15 Vladimir Zhirinovsky, mouthpiece for the most irredentist elements in the Russian security and military services, constantly articulates this threat. Domination of the Caucasus would bring Russia closer to the Balkans, the Mediterranean Sea, and the Middle East. Russian imperialists, such as radical nationalist Vladimir Zhirinovsky, have resurrected the old dream of obtaining a warm port on the Indian Ocean. If Russia succeeds in establishing its domination in the south, the threat to Ukraine, Turkey, Iran, and Afghanistan will increase. The independence of pro-Western Georgia and Azerbaijan already has been undermined by pressures from the Russian armed forces and covert actions by the intelligence and security services, in addition to which Russian hegemony would make Western political and economic efforts to stave off Islamic militancy more difficult. Eurasian oil resources are pivotal to economic development in the early 21st century. The supply of Middle Eastern oil would become precarious if Saudi Arabia became unstable, or if Iran or Iraq provoked another military conflict in the area. Eurasian oil is also key to the economic development of the southern NIS. Only with oil revenues can these countries sever their dependence on Moscow and develop modem market economies and free societies. Moreover, if these vast oil reserves were tapped and developed, tens of thousands of U.S. and Western jobs would be created. The U.S. should ensure free access to these reserves for the benefit of both Western and local economies. ADI 2010 47 Fellows—Bankey & Moczulski Trafficking Aff

HR Cred Adv – Impact – EU Relations

Human Rights Credibility is key to US/European Relations Dudziak 01 Prof Law @ USC [Mary L. The Record December 17th l/n] For example, the U.S. Information Agency prepared a positive film about the 1963 March on Washington and hoped that African leaders would view it. But in the aftermath of a church bombing in Birmingham that killed four African-American girls, one African leader replied to an invitation to view the film by saying, “Don’t you have a film of the church dynamiting, too?” Today, as we try to maintain an international coalition against terrorism, our allies have objected to threats to civil liberties in the United States. Spanish officials are balking about extraditing eight men charged in the Sept. 11 attacks unless the men are tried in a civilian court, and the 15 European Union countries, all of which have banned the death penalty, are said to have similar reservations. It is a good time to recall the words of President Harry S. Truman, spoken before Congress in 1948: “If we wish to inspire the people of the world whose freedom is in jeopardy, if we wish to restore hope to those who have already lost their civil liberties, if we wish to fulfill the promise that is ours, we must correct the remaining imperfections in our practice of democracy.” Protecting rather than restricting liberties is vital to maintaining our influence in the world.

Key to Solve Global Conflict Asmus 03 Senior Fellow, CFR (Ronald D; Rebuilding the Atlantic Alliance” Foreign Affairs Sept/Oct l/n )

Meeting in Washington in the spring of 1999, nato leaders pledged to recast the transatlantic relationship to make sure it is as good at dealing with the problems of the next 50 years as it was in dealing with those of the last. September 11 has opened eyes in both the United States and Europe to those problems and may have heralded the beginning of a dangerous century. It is clearly desirable for both sides of the Atlantic to coalesce in meeting the challenges of this new era. If major instability erupts in either the region lying between Europe and Russia or in the greater Middle East, both the United States and Europe are likely to be drawn in to deal with it. Their ability to do so successfully will be much greater if they find a way to rebuild their alliance around a common framework and strategy. There is little doubt that if leaders of the caliber of Truman and his European counterparts existed today, they would be setting a new strategic direction and rebuilding the alliance to meet precisely these challenges. Whether President Bush, Jacques Chirac, and German Chancellor Gerhard Schröder are up to the task remains to be seen. Progress may very well require regime change on one or both sides of the Atlantic. One thing, however, is clear: if today’s leaders fail to achieve such progress, both the United States and Europe will be worse off. Transatlantic strategic cooperation is one reason why the second half of the twentieth century was so much better than the first. If the United States and Europe can agree on a common strategy to meet the challenges of the new era, the world will be much the better for it.∂ ADI 2010 48 Fellows—Bankey & Moczulski Trafficking Aff HR Cred Adv – AT: Culpepper Article About VAWA

Culpepper only uses VAWA as an example of ICCPR Culpepper 10 J.D. candidate @ Vanderbilt Brent, “Missed Opportunity: Congress's Attempted Response to the World's Demand for the Violence Against Women Act,” 43 Vand. J. Transnat'l L. 733, Lexis)BB

The Violence Against Women Act serves as implementing legislation for U.S obligations under the ICCPR. The United Nations General Assembly adopted the ICCPR in 1966, and it entered into force on March 23, 1976, following the necessary ratifications. n125 The United States ratified the ICCPR on June 8, 1992. n126 Because the ICCPR is a non-self-executing treaty, n127 each member state is obligated to implement laws ensuring the provisions of the treaty take effect. n128 The enactment of the 1994 VAWA represented one step in compliance with the human rights protections outlined in the ICCPR. n129 ADI 2010 49 Fellows—Bankey & Moczulski Trafficking Aff

***Soft Power*** ADI 2010 50 Fellows—Bankey & Moczulski Trafficking Aff Soft Power – Treaty Cred Link

Treaty credibility is key to hegemony Culpepper 10 J.D. candidate @ Vanderbilt Brent, “Missed Opportunity: Congress's Attempted Response to the World's Demand for the Violence Against Women Act,” 43 Vand. J. Transnat'l L. 733, Lexis)BB

The Supreme Court has long recognized Congress's constitutionally grounded authority to enact domestic legislation to bring the United States into compliance with treaty or CIL obligations. n31 Additionally, Congress retains the authority to implement treaty or CIL requirements even when doing so abridges traditional areas of state interest. n32 The United States maintains a leadership role at the forefront of a new human rights regime. n33 The U.S. position in this field necessitates a reexamination of Congress's ability to enact legislation and preserve international human rights credibility. Indeed, noted constitutional scholar Noah Feldman suggests that "[it] is becoming increasingly clear that the defining constitutional problem for the present generation will be the nature of the relationship of the United States to what is somewhat [*739] optimistically called the international order." n34 Most importantly, "it includes questions of momentous consequence, like whether international law should be treated as law in the United States." n35 Certainly, an inquiry into Professor Feldman's concerns must begin with Congress's authority to enact legislation originating in international law. ADI 2010 51 Fellows—Bankey & Moczulski Trafficking Aff AT: Can’t Solve All Soft Power

Gender issues spill over Culpepper 10 J.D. candidate @ Vanderbilt Brent, “Missed Opportunity: Congress's Attempted Response to the World's Demand for the Violence Against Women Act,” 43 Vand. J. Transnat'l L. 733, Lexis)BB

Readers should be cautious not to overestimate the value of U.S. credibility on gender equality issues. Certainly, this Note does not mean to suggest that if Congress passes legislation that addresses gender problems in America, all of the damage currently spanning the U.S. moral ethos would dissipate. However, "soft power grows out of our culture, out of our domestic values and policies," and reclaiming legitimacy by addressing domestic gender-motivated violence as a human rights issue can communicate this cultural value. n120 In particular, Congressional legislation serves the dual purpose of restoring the U.S. image as a champion of gender equality as well as signaling that Congress takes its responsibility for fulfilling international human rights obligations seriously. In this way, gender legislation advances U.S soft power interests. ADI 2010 52 Fellows—Bankey & Moczulski Trafficking Aff Soft Power – Solves All Conflict

Sustained soft power prevents counterbalancing – makes conflict impossible Jervis 09 professor of international politics at Columbia University (Robert, “Unipolarity: A Structural Perspective,” World Politics Volume 61, Number 1, January 2009, Muse)

To say that the system is unipolar is not to argue that the unipole can get everything it wants or that it has no need for others. American power is very great, but it is still subject to two familiar limitations: it is harder to build than to destroy, and success usually depends on others’ decisions. This is particularly true of the current system because of what the U.S. wants. If Hitler had won World War II, he might have been able to maintain his system for some period of time with little cooperation from others because “all” he wanted was to establish the supremacy of the Aryan race. The U.S. wants not only to prevent the rise of a peer competitor but also to stamp out terrorism, maintain an open international economic system, spread democracy throughout the world, and establish a high degree of cooperation among countries that remain juridically equal. Even in the military arena, the U.S. cannot act completely alone. Bases and overflight rights are always needed, and support from allies, especially Great Britain, is important to validate military action in the eyes of the American public. When one matches American forces, not against those of an adversary but against the tasks at hand, they often fall short.54 Against terrorism, force is ineffective without excellent intelligence. Given the international nature of the threat and the difficulties of gaining information about it, international cooperation is the only route to success. The maintenance of international prosperity also requires joint efforts, even leaving aside the danger that other countries could trigger a run on the dollar by cashing in their holdings. Despite its lack of political unity, Europe is in many respects an economic unit, and one with a greater gdp than that of the U.S. Especially because of the growing Chinese economy, economic power is spread around the world much more equally than is military power, and the open economic system [End Page 210] could easily disintegrate despite continued unipolarity. In parallel, on a whole host of problems such as aids, poverty, and international crime (even leaving aside climate change), the unipole can lead and exert pressure but cannot dictate. Joint actions may be necessary to apply sanctions to various unpleasant and recalcitrant regimes; proliferation can be stopped only if all the major states (and many minor ones) work to this end; unipolarity did not automatically enable the U.S. to maintain the coalition against Iraq after the first Gulf War; close ties within the West are needed to reduce the ability of China, Russia, and other states to play one Western country off against the others. But in comparison with the cold war era, there are fewer incentives today for allies to cooperate with the U.S. During the earlier period unity and close coordination not only permitted military efficiencies but, more importantly, gave credibility to the American nuclear umbrella that protected the allies. Serious splits were dangerous because they entailed the risk that the Soviet Union would be emboldened. This reason for avoiding squabbles disappeared along with the USSR, and the point is likely to generalize to other unipolar systems if they involve a decrease of threats that call for maintaining good relations with the superpower. This does not mean that even in this particular unipolar system the superpower is like Gulliver tied down by the Lilliputians. In some areas opposition can be self-defeating. Thus for any country to undermine American leadership of the international economy would be to put its own economy at risk, even if the U.S. did not retaliate, and for a country to sell a large proportion of its dollar holding would be to depress the value of the dollar, thereby diminishing the worth of the country’s remaining stock of this currency. Furthermore, cooperation often follows strong and essentially unilateral action. Without the war in Iraq it is not likely that we would have seen the degree of cooperation that the U.S. obtained from Europe in combating the Iranian nuclear program and from Japan and the PRC in containing North Korea. Nevertheless, many of the American goals depend on persuading others, not coercing them. Although incentives and even force are not irrelevant to spreading democracy and the free market, at bottom this requires people to embrace a set of institutions and values. Building the world that the U.S. seeks is a political, social, and even psychological task for which unilateral measures are likely to be unsuited and for which American military and economic strength can at best play a supporting role. Success requires that others share the American vision and believe that its leadership is benign. [End Page 211] ADI 2010 53 Fellows—Bankey & Moczulski Trafficking Aff

***Solvency*** ADI 2010 54 Fellows—Bankey & Moczulski Trafficking Aff Solvency – Extreme Hardship

The TVPA shouldn’t include the extreme hardship standard - Wetmore 03 Judicial Law Clerk @ the Executive Office for Immigration Review Jennifer, “The New T Visa: Is the Higher Extreme Hardship Standard Too High for Bona Fide Trafficking Victims?,” New England Journal of International and Comparative Law, vol. 30, 159-178, http://www.heart- intl.net/HEART/030106/TheNewTVisa.pdf

There are many aspects of the TVPA that are valuable. The United States is taking a much-needed first step to combat this horrific crime. In attempting to treat trafficking victims as the victims that they are, the new T visa will fall short of its aim to protect trafficking victims. The heightened extreme hardship standard appears unattainable for bona fide trafficking victims. The judicially-carved interpretations of what has been defined as extreme hardship gives some guidance to what this heightened extreme hardship standard will be. That guidance does not appear to give trafficking victims much hope in reaching that standard.

The extreme hardship standard makes the majority of trafficking victims ineligible for protection Rieger 7 JD candidate, Cornell Law School (April, “Missing the Mark: Why the Trafficking Victims Protection Act Fails to Protect Sex Trafficking Victims in The United States” Harvard Journal of Law & Gender, 231-256, http://www.law.harvard.edu/students/orgs/jlg/vol301/rieger.pdf

Unfortunately, the requirements for qualifying for a T Visa are overly strict—so much so that even the White House expressed such concerns before signing the TVPA into law.174 To qualify, a woman must not only be a “severe trafficking” victim and cooperate with prosecutors, but she must also demonstrate “extreme hardship involving unusual and severe harm upon removal.”175 Establishing extreme hardship for the purposes of a T Visa is not an easy task and many victims are unable to do so. The language of the regulations directs that the standard is higher than that used for “extreme hardship” in asylum applications.176 Furthermore, there are various grounds for inadmissibility that could exclude many victims if they are not waived by the Attorney General, including “health-related, criminal, security, and public charge grounds.”177 The Attorney General is not able to waive inadmissibility if there is any prostitution in the victim’s past (within ten years preceding the application) that is not connected with the current incident of trafficking; this would likely exclude a significant number of victims.178 ADI 2010 55 Fellows—Bankey & Moczulski Trafficking Aff

Solvency – Certification

Certifications delay admissibility for trafficking victims Rieger 7 JD candidate, Cornell Law School (April, “Missing the Mark: Why the Trafficking Victims Protection Act Fails to Protect Sex Trafficking Victims in The United States” Harvard Journal of Law & Gender, 231-256, http://www.law.harvard.edu/students/orgs/jlg/vol301/rieger.pdf

The certification process itself poses many difficulties for sex trafficking victims. Victims usually need adequate housing and protection before or immediately after they leave their traffickers, but it typically takes weeks or months after they have left to become certified, and thus eligible for such services.141 Exacerbating the problem even further are officials who often refuse to issue certifications or significantly delay in doing so.142 Possible reasons for this include the belief among some law enforcement officials that benefits are too generous and that “‘they are giving away a green card’ by providing certification.”143 Other officials may view sex trafficking victims as criminals who are undeserving of federal services or protection. For example, one anonymous USCIS official stated that “there are no victims” when it comes to illegal aliens in forced labor.144 Fraud is also a key concern when it comes to deciding whether or not to certify a trafficking victim, and many officials wrongly overcompensate for this concern by strictly reading the “severe” requirements and erring on the side of non-certification.145 ADI 2010 56 Fellows—Bankey & Moczulski Trafficking Aff

Solvency – Testify

Cooperation with law enforcement is an effective standard and draws an unfair distinction between citizens that have been raped and non-citizens that do not receive the same rights. Rieger 7 JD candidate, Cornell Law School (April, “Missing the Mark: Why the Trafficking Victims Protection Act Fails to Protect Sex Trafficking Victims in The United States” Harvard Journal of Law & Gender, 231-256, http://www.law.harvard.edu/students/orgs/jlg/vol301/rieger.pdf

In order to receive benefits under the TVPA, trafficking victims must be willing to cooperate with the prosecution of their traffickers.161 This requirement is one of the most problematic provisions of the TVPA and leads to many victims being ineligible for state protection and benefits, including a visa. It would be unheard of for a rape victim to be denied assistance such as safe housing and medical treatment simply because she chose not to testify against her rapists. Yet this is precisely what happens if that rape victim is an illegal immigrant engaged in forced sex work. Drawing a distinction between a woman who is a citizen and a woman who is an immigrant in terms of giving the former but not the latter choices concerning prosecution of their perpetrators is arbitrary and discriminatory. This requirement ignores the fact that many victims fear retaliation from their traffickers if they cooperate and have other legitimate reasons for not wanting to cooperate with the prosecution of their traffickers. Furthermore, even if a victim agrees to cooperate, she still can be denied benefits if the prosecutor decides not to pursue the investigation and prosecution.162 Although victim cooperation is often essential to the prosecution of traffickers, certification should not be tied to the prosecution of the traffickers. ADI 2010 57 Fellows—Bankey & Moczulski Trafficking Aff

Solvency – Testify

The TVPA needs to exclude that the victim should testify – psychological and trust issues prevent access to the visa. Srikantiah 7 Associate Prof of Law and Director of Immigrants Rights Clinic @ Stanford Law School (Jayashri, “Perfect Victims and Real Survivors: The Iconic Victim in Domestic Human Trafficking Law” Boston University Law Review Vol 87: 157-211).

Contrary to the conception of victimhood embodied in the iconic victim narrative, a trafficking victim may still be under the psychological control of the trafficker when she is “liberated” by law enforcement. Although the narrative envisions rescue followed by trusting cooperation with law enforcement, victims may feel more loyalty to their trafficker than to law enforcement.227 They may believe that the trafficker will not be prosecuted and that they will simply return to pre-raid exploitation after the law enforcement investigation is complete. In such cases, failure to cooperate stems from the ongoing effect of trafficker control. The idea that a “liberated” victim will exercise her newfound free will to cooperate with law enforcement may be inconsistent with the nature of the control she experienced during trafficking exploitation. Imagine, for instance, a young woman trafficked for sex work who, after a decade of exploitation, is “rescued” by law enforcement during a large-scale raid. Over the preceding decade, the traffickers repeatedly told her that if the immigration authorities found her, they would jail and deport her. During the raid, as she is taken away by law enforcement, the traffickers tell her that they will provide her with lawyers and that she should be loyal to the trafficker or her family will be harmed abroad. Prosecutors and law enforcement agents take the woman to a federal facility, which she is not permitted to leave. Agents interview her through an interpreter, promising that she is safe and that her only role now is to cooperate in locking up the trafficker. The woman, still believing that the trafficker will provide her with a lawyer and get her out of custody, fearing harm to her family, and feeling loyal to the trafficker, lies to the agents, telling them that she voluntarily migrated and that the trafficker did nothing wrong. The agents see her as an accomplice to the trafficker and place her in removal proceedings. In their eyes she is not a victim. A victim’s loyalty to the trafficker and refusal to cooperate with law enforcement is consistent with current understandings of trafficking victims’ post-exploitation psychological state. As psychiatrist Jose Hidalgo explains, many trafficking victims suffer “chronic traumatic stress” during their exploitation because “their lives and bodies are under constant threat.”228 Traffickers “may alternate between kindness and viciousness; for psychological survival, the victim may form positive feelings for that part of the perpetrator that is kind and ignore the vicious side.”229 Hidalgo terms this syndrome “traumatic attachment” and suggests that the attachment can result in seemingly illogical victim behavior, where a recently rescued or escaped victim does not want law enforcement assistance.230 Hidalgo observes that “[a] victim may even become protective of the perpetrator and excuse violent behavior as an aberration.”231 Particularly given the psychological state of trafficking victims post-rescue or escape, law enforcement’s assessment of cooperation is not a principled or accurate way to distinguish between trafficking victims and other undocumented migrants. The decision by a victim to cooperate does not necessarily correlate to her authenticity as a victim. The victims we might characterize as most worthy of relief – those most under the control of the trafficker, or those subjected to the most horrific abuse – may in fact be the least likely to cooperate with law enforcement. The prosecutorial concern is a collective one: to reduce trafficking through prosecution and ultimately protect future victims. Even if linking the T visa to prosecutors’ assessment of victim cooperation functions to encourage such cooperation,232 however, the visa is more than simply a law enforcement tool. It also serves a humanitarian purpose, allowing victims to recover from the trauma of trafficking, restore their autonomy, and begin new, independent lives. The prosecutorial interest in an individual victim is retrospective – the focus is on the victim’s past exploitation – whereas the humanitarian interest in the victim is mostly prospective: the focus is on victim rehabilitation and recovery. A regulatory implementation that centers on prosecutorial goals fails to balance the TVPA’s dual purposes of serving prosecutorial interests and protecting individual trafficking victims.233 ADI 2010 58 Fellows—Bankey & Moczulski Trafficking Aff

Solvency – Trafficking

Certification reform is key Rieger 7 JD candidate, Cornell Law School (April, “Missing the Mark: Why the Trafficking Victims Protection Act Fails to Protect Sex Trafficking Victims in The United States” Harvard Journal of Law & Gender, 231-256, http://www.law.harvard.edu/students/orgs/jlg/vol301/rieger.pdf It is disgraceful to report that in the year 2006, slavery is alive and thriving. Millions of oppressed women are trafficked for sex around the world, caught in a vicious cycle of exploitation. The passage of the TVPA in 2000 was a recognition of the scope and the severity of this problem, as well as an attempt to provide protection and relief to its victims globally and domestically. Unfortunately, domestic victims are not being served by its rigid provisions and unjust requirements that must be met before relief is granted. If Congress is serious about its goal of protecting trafficking victims in the United States, it will reexamine the certification procedures of the TVPA. Lawmakers and officials must recognize and understand the unique needs of trafficking victims and the complexity of their circumstances so they can accurately reºect this understanding in both the language and enforcement of the TVPA in order to better serve trafficking victims. Until this happens, sex slavery of women will shamefully continue to thrive, and survivors will only be further victimized by the system that is supposed to help them. ADI 2010 59 Fellows—Bankey & Moczulski Trafficking Aff Solvency – Fraud/Force/Coercion

Congress should amend the law to remove the demonstration of force fraud and coercion Advocates for Human Rights08 (“Sex Trafficking Needs Assessment for the State of Minnesota” October 2008) http://www.theadvocatesforhumanrights.org/sites/608a3887-dd53-4796-8904- 997a0131ca54/uploads/EXECUTIVE_SUMMARY_10.13.08.pdf Congress should amend federal law to eliminate the requirement to demonstrate “force, fraud, or coercion” to receive a T visa. The law should be amended to allow foreign nationals to apply for a T visa regardless of whether they were trafficked to or within the United States. Congress should amend the law to allow applicants to demonstrate “extreme hardship” upon their removal from the United States, instead of the higher standard of “extreme hardship involving unusual and severe harm.” Congress should also amend the law to allow applicants to qualify for a T visa if they either cooperate with law enforcement or demonstrate “extreme hardship.” Both of these elements should not be required.71

Removing the force fraud and coercion standard is necessary to protect trafficking victims. Advocates for Human Rights 08 (“Sex Trafficking Needs Assessment for the State of Minnesota” October 2008) http://www.theadvocatesforhumanrights.org/sites/608a3887-dd53-4796-8904- 997a0131ca54/uploads/EXECUTIVE_SUMMARY_10.13.08.pdf Finding 1.1: Federal laws on sex trafficking are ineffective due to the difficulty in proving “force, fraud or coercion.” Traffickers are often not prosecuted for the trafficking offense and trafficked persons are denied access to victim assistance, including immigration relief, public benefits, and services from non- profit organizations. Recommendation 1.1: Congress should amend the federal definition of sex trafficking to eliminate the requirement to show “force, fraud or coercion” in order to prosecute traffickers and qualify for victim assistance, including immigration relief, public benefits and federally-funded services from nonprofit organizations.

Force fraud and coercion is impossible to prove – removing the standard is necessary to protect trafficking victims. Bartow 08 Professor of Law at the University of South Carolina School of Law (Ann, “Another Overview of William Wilberforce Trafficking Victims Protection Reauthorization Act (the TVPRA)” November 3rd 2008) http://feministlawprofs.law.sc.edu/?p=4285

The TVPA has not been an effective tool for law enforcement in sex trafficking prosecutions over the last seven years since it was passed because the “force, fraud, or coercion” requirement in the law is very difficult to prove, even when the conduct does constitute force, fraud, or coercion. Such prosecutions rely heavily on victim testimony, which puts a huge burden on victims, who are afforded little protection under the law. In addition to being under direct threat themselves, trafficking victims often have family back in their country of origin under threat; these and many other kinds of coercive pressure, which is very real and very frightening, often prevents them from testifying. Brutalized by rape and violence, passed from trafficker to trafficker, and sold again and again in prostitution, these women are often broken by the force that has been used against them – it would be a grave injustice to mistake their submission for consent. It is not consent but it makes force, fraud and coercion very difficult to prove. ADI 2010 60 Fellows—Bankey & Moczulski Trafficking Aff

Solvency – Force/Fraud/Coercion

Coercion only accounts for a fraction of the women – removing the standard is key to TVPA enforcement Srikantiah 7 Associate Prof of Law and Director of Immigrants Rights Clinic @ Stanford Law School (Jayashri, “Perfect Victims and Real Survivors: The Iconic Victim in Domestic Human Trafficking Law” Boston University Law Review Vol 87: 157-211).

With these statistics in mind, the question that arises is ‘Why, despite such legislation, have there been so few applications for T-visas?’ Not withstanding the standard explanations citing, “inadequate outreach on the part of local officials” (“Smuggling and Trafficking,” 2004, p. 5) or that victims are difficult to identify because “human trafficking is intensely secretive and kept underground” (Matysek, 2004, p. 3), it is my position that legal definitions of ‘victim’ and ‘coercion’ contained in the legislation are the more significant barriers to identifying the full panoply of victims within human trafficking. The TVPA contains a narrow view of ‘victim’ and ‘victimization.’ Indeed, the TVPA constructs a category of ‘victim’ that exploits gender stereotypes, specifically notions of women’s passivity. Moreover, the conceptions of coercion contained in the legislation are disaggregated from the socio-political and economic conditions that propel women into trafficking networks. The result, in other words, is that this legislative tool selects for only one specific type of trafficking victim–a type that represents only a very small minority of trafficked individuals ADI 2010 61 Fellows—Bankey & Moczulski Trafficking Aff

Solvency – Force/Fraud/Coercion

Coercion is indefinable – only removing restrictions to access can solve Srikantiah 7 Associate Prof of Law and Director of Immigrants Rights Clinic @ Stanford Law School (Jayashri, “Perfect Victims and Real Survivors: The Iconic Victim in Domestic Human Trafficking Law” Boston University Law Review Vol 87: 157-211).

In addition to removing the LEA endorsement restriction, DHS should also eliminate the current regulatory preference for rescue over escape. DHS can then apply the remaining existing statutory and regulatory standards in adjudicating T visa applications. To determine which applicants qualify for the T visa, DHS officials should apply the “but for” test implicit in the force, fraud, or coercion standard of the TVPA. If, based on the totality of the circumstances, a victim would not have entered into the trafficking arrangement but for force, fraud, or coercion, or if the victim would not have remained under exploitation but for force, fraud, or coercion, then she is a victim of human trafficking.266 This actual causation test, familiar from the criminal context,267 would focus the inquiry on the trafficker’s behavior vis-àvis the victim, 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).268 Other factors, particularly economic factors, may influence a victim’s decision making, but under the actual causation test, the ultimate inquiry would be about the effect of the trafficker’s behavior. The standard would be easily met in cases involving kidnapping, abduction, or violence. It would also accommodate and include cases where traffickers use psychological and more complex methods to coerce and defraud victims. If the domestic violence context is any indication, we are only at the beginning stages of understanding the psychological aspects of trafficking. In recent decades, 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.269 Similar exploration is required in the trafficking context to better understand the psychological consequences of trafficking, as well as to fully explore issues relating to consent and psychological coercion. As this exploration progresses, DHS adjudicators should incorporate guidance from mental health professionals in evaluating T visa applications. DHS should take account of the totality of the circumstances, a requirement that recognizes that exploitation takes many forms and that victims’ experiences vary widely even under similar conditions.270 A victim’s background, economic and political circumstances, age, and education should all be part of the inquiry, along with the nature of the trafficker’s enterprise, stories of other victims of the same trafficker, and conditions in the country of origin. Victims are a diverse group of individuals, including women, men, and children from a wide range of countries, with a broad range of cultures, classes, and languages. Trafficking frequently involves domination based on gender, race, or ethnic group.271 Within these categories, of course, individual experiences and stories vary broadly, and this diversity must be considered.272 In some cases, a trafficker may threaten victims daily with violence and harm. In other cases, a trafficker may control victim behavior through more subtle forms of coercion. Trafficker behavior may also affect different victims differently. ADI 2010 62 Fellows—Bankey & Moczulski Trafficking Aff

Solvency – Force/Fraud Coercion

Broadening the scope of the force fraud and coercion standard is necessary to protect the victims of trafficking Raymond, 09, Co-Executive Director, Coalition Against Trafficking in Women Dr. Janice G., “When it Comes to Human Trafficking, Consent is Irrelevant” July 4th ) http://brainpuzzle.wordpress.com/2009/07/04/when-it-comes-to-human-trafficking-consent-is-irrelevant/

Rationale: 1) Prosecutors will be gravely hampered by any definition and scope of trafficking limited to “kidnapping, force, fraud, deception and coercion.” Such a restrictive definition and scope would unnecessarily burden victims and prosecutors at the same time that it would protect traffickers. Those who traffic, pimp, procure and profit from trafficking and sexual exploitation would be shielded from prosecution and accountability while the victims would be denied human rights remedies and the protection of law. 2) Even those women who are forced, deceived and coerced would not be protected and their abusers held accountable unless the force and deceit could be proven. Traffickers and sex industry profiteers can easily manufacture evidence of consent, e.g., by making their victims pose smilingly for pornography. 3) The net effect of limiting the definition and scope of trafficking to force and coercion, or other force-like conditions, is that the burden of proof is placed on the exploited rather than the exploiters. Proposed anti-sex trafficking legislation, premised on a definition of trafficking that is based on force, fraud, coercion, deceit, or abuse of authority, presents serious contradictions to current federal and state prostitution legislation. Current U.S. legislation does not simply make “forced prostitution” illegal. It does not restrict the definition of prostitution to force, fraud, coercion, deceit, or abuse of authority. It obligates authorities to prosecute and punish pimps and procurers, regardless of whether the victim consented to commercial sexual acts. Consent to prostitution is irrelevant.

All sex workers don’t meet the severe standard for the TVPA Rieger 7 JD candidate, Cornell Law School (April, “Missing the Mark: Why the Trafficking Victims Protection Act Fails to Protect Sex Trafficking Victims in The United States” Harvard Journal of Law & Gender, 231-256, http://www.law.harvard.edu/students/orgs/jlg/vol301/rieger.pdf Undocumented brothel workers and other sex workers who do not qualify as “severe” trafficking victims because they cannot prove “force, fraud, or coercion” into sex trafficking, will not be certified for protection under the TVPA and will be detained and deported.152 By distinguishing between “sex trafficking” and “severe sex trafficking” and choosing to decriminalize ADI 2010 63 Fellows—Bankey & Moczulski Trafficking Aff

Solvency – Immigration K/

Reducing legal restrictions is key to solving

Desyllas 07, 4th year Ph.D. Student in Social Work & Social Research, Portland State University, Moshoula Capous, Journal of Sociology & Social Welfare, Dec 1, 2007,www.thefreelibrary.com/ A+critique+of+the+global+trafficking+discourse+and+U.S.+policy-a0170927354 In addition to a labor rights framework, a migration perspective of trafficking will also be a more constructive alternative to the current trafficking framework. It will allow for the participation of migrants in the trafficking discourse and it will take into consideration the diverse experiences and circumstances of people's lives without the necessity of labeling and identifying a person with a particular group, such as sex worker or domestic laborer (Agustin, 2002). This framework would acknowledge that labor rights of migrants are non-existent if migrants have entered into a country illegally. A migratory lens would also address immigration laws that are less punitive and more equitable to migrants. Legal restrictions on migration for labor need to be reduced so that illegal immigration isn't pushed further underground (O'Neill, 2001, p. 162). ADI 2010 64 Fellows—Bankey & Moczulski Trafficking Aff

AT: Asylum CP – No Solvency (1/)

Trafficking victims can’t prove they qualify for asylum claims Hartsough 02 JD Candidate @ Hastings College of Law, (Tala, “Asylum for Trafficked Women: Escape Strategies Beyond the T Visa” Hastings Women’s Law Journal, 13 Hastings Women’s L.J. 77) Proving the gravity of the harm in the past persecution prong of an asylum claim "may prove difficult for some trafficked women. The clandestine nature of trafficking and the fact that procurement occurred in [another country] ensure that there is little or no documentation or other evidence of trafficking when the women reach the United States.'.372 Even if the past persecution is proven, the I.N.S. may attempt to rebut the presumption of future harm by citing a "fundamental change in circumstances.',373 This could be relevant if the victim was a child when abducted but is now of age, or if the victim was sold for her virginity.

Too many applications collapses the system Ewing and Johnson 05 Research Associate and Director of the Immigration Policy Center (Walter and Benjamin, “Asylum Essentials: The US Asylum Program Needs More Resources, Not Restrictions,” http://www.ilw.com/articles/2005,0907-ewing.shtm)BB

It has never been easy to receive asylum, even before the regulatory reforms of 1995 and the statutory changes of 1996. The very nature of the asylum process, in which an applicant is subjected to multiple security checks and interviewed in depth, is highly effective in weeding out individuals and stories that are not credible. As a result, Asylum Officers and Immigration Judges grant asylum in very few of the cases that cross their desks. For instance, only 15.8 percent of the asylum applications filed with the immigration service in FY 1993 were successful. Similarly, 13.1 percent of applications were successful in FY 2003. [10] The linchpin of security in the asylum program, therefore, is the presence of a fully staffed and adequately funded Asylum Corps that evaluates asylum claims thoroughly and expeditiously. The system breaks down when Asylum Officers are forced to handle too many cases in too short a span of time, or when there are so many cases pending that applications – and applicants – become lost in a backlog.

ADI 2010 65 Fellows—Bankey & Moczulski Trafficking Aff AT: Asylum CP – No Solvency (2/)

Inadequate training takes out Asylum solvency Ewing and Johnson 05 Research Associate and Director of the Immigration Policy Center (Walter and Benjamin, “Asylum Essentials: The US Asylum Program Needs More Resources, Not Restrictions,” http://www.ilw.com/articles/2005,0907-ewing.shtm)BB The efficiency of the asylum program is also undermined by the inadequate training of immigration inspectors outside of the Asylum Corps who first have contact with asylum seekers. According to the U.S. Commission on International Religious Freedom, the records kept by immigration inspectors of their initial interviews with asylum applicants are often incomplete, inaccurate, and not read back to and verified by the applicant, as is required. Moreover, the Inspector Field Manual instructs inspectors to not ask about the details of an applicant’s claim for asylum, yet Immigration Judges sometimes deny a claim because the applicant has “added detail” not included in the initial interview. [11]

Asylum fails – inexperience Settlage 09 Clinical Fellow, University of Baltimore School of Law (Rachel, “AFFIRMATIVELY DENIED: THE DETRIMENTAL EFFECTS OF A REDUCED GRANT RATE FOR AFFIRMATIVE ASYLUM SEEKERS,” 27 B.U. Int'l L.J. 61, Lexis)BB

The Asylum Officer Corps (AOC) was created in 1990 in order to develop professional asylum officers who were specially trained to handle asylum claims. n95 New asylum officers complete two five-week training courses, in addition to periodic local training. n96 All asylum decisions are reviewed by supervisory asylum officers, and each asylum office has at least one quality assurance or training officer to monitor the supervisory asylum officers. n97 Nevertheless, despite this training and these oversight mechanisms, there is inconsistency - at times significant inconsistency - in the grant rates between and within asylum offices. n98 While the training of asylum officers is thorough, asylum officers need only have a bachelor's degree to be eligible for the job, and, as a result, only some asylum officers have a law degree. n99 Without a law degree, it is [*80] unlikely that asylum officers have all of the skills they need to truly understand and apply the highly complex law that governs the granting of asylum. This situation is exacerbated by the fact that immigration law is rapidly changing and has undergone some significant and intricate modifications since 9/11. ADI 2010 66 Fellows—Bankey & Moczulski Trafficking Aff

AT: Asylum CP – No Solvency (3/)

Asylum fails – understaffing Settlage 09 Clinical Fellow, University of Baltimore School of Law (Rachel, “AFFIRMATIVELY DENIED: THE DETRIMENTAL EFFECTS OF A REDUCED GRANT RATE FOR AFFIRMATIVE ASYLUM SEEKERS,” 27 B.U. Int'l L.J. 61, Lexis)BB In addition, asylum offices are understaffed and overburdened, leading to arduous work conditions for asylum officers. Asylum officers must conduct up to 18 asylum interviews in a two-week pay period in addition to researching the individual cases and country conditions following each interview, and writing detailed decisions. n100 After other work requirements such as local training and administrative duties, asylum officers have only a few hours to meet with each applicant and render a decision. n101 The USCIS Ombudsman, in his 2007 Annual Report, further noted that "asylum officers seem to have extremely limited access to any investigative support - locally and internationally - to help verify events, locations, and persons referenced in asylum applications. As applicant credibility is critical to asylum determinations, asylum officers should have timely access to investigative services to corroborate claims." n102

Asylum fails – uncertainty leads to judicial backlog Settlage 09 Clinical Fellow, University of Baltimore School of Law (Rachel, “AFFIRMATIVELY DENIED: THE DETRIMENTAL EFFECTS OF A REDUCED GRANT RATE FOR AFFIRMATIVE ASYLUM SEEKERS,” 27 B.U. Int'l L.J. 61, Lexis)BB Under these conditions, it is impossible for asylum officers to adequately research each case and render well-reasoned and considered opinions in all, or even most, cases. Even the Asylum Officer Basic Training Course Manual notes that "if the productivity rate for affirmative asylum applications is set too high, the quality of adjudications would likely suffer." n103 At the same time, however, it fails to recognize that the [*81] current productivity standard of eighteen cases in a two-week period is too high. It is not surprising that in an anonymous survey conducted by the American Federation of Government Employees, a number of asylum officers indicated that they have a low level of confidence in the accuracy of their decisions. n104 This may explain, in part, why asylum officers refer so many cases to immigration judges that are ultimately judged to be legitimate: they do not have the confidence to grant asylum in those cases in which there is a difficult or complex issue.

Asylum fails – application proves Settlage 09 Clinical Fellow, University of Baltimore School of Law (Rachel, “AFFIRMATIVELY DENIED: THE DETRIMENTAL EFFECTS OF A REDUCED GRANT RATE FOR AFFIRMATIVE ASYLUM SEEKERS,” 27 B.U. Int'l L.J. 61, Lexis)BB The obstacles facing an asylum seeker filing an application pro se are enormous. An applicant must attempt to master a complex area of the law and navigate a convoluted application process. n111 The first step is to complete the application for asylum (I-589 Application for Asylum or Withholding), which is an incredibly dense and complicated 12-page document with 11 pages of instructions. n112 The USCIS Ombudsman, in his 2007 Annual Report, stated that " comprehending these instructions requires at minimum a reading ability at a high level... . Even more alarming is that Form I-589 specifically serves a population for whom English may be the second language, as a lack of English language ability is commonplace among asylum seekers." n113 In addition to asking for extensive background information and the details of the persecution, the application requires that applicants indicate the basis for their persecution. This is a requirement that cannot be accurately addressed without at least some understanding of asylum and refugee law. In his 2007 report, the USCIS Ombudsman recommended that the I-589 be redrafted "so that it is less complicated and more understandable by the intended audience - persons who have been persecuted." n114 An application is more likely to be successful if supported by corroborating evidence, including personal documentation and country condition information. n115 Obtaining personal documents, such as birth [*83] certificates, marriage certificates, party membership cards, medical records, requires that the applicant either have left his home country with those documents, or is able to contact individuals in his home country who can find the documents and send them to the United States. Records such as arrest warrants or official government documents documenting persecution may not exist, and even if they do, may be impossible to obtain without putting friends and family members at risk. n116 Obtaining country condition information often requires access to a computer and the internet. ADI 2010 67 Fellows—Bankey & Moczulski Trafficking Aff AT: Asylum – Gender MPX (1/2)

Resolving trafficking through asylum entrenches gender hierarchies Hinger 10 Staff attorney & Columbia Law School Social Justice Fellow, New Jersey Institute for Social Justice (Sarah, “FINDING THE FUNDAMENTAL: SHAPING IDENTITY IN GENDER AND SEXUAL ORIENTATION BASED ASYLUM CLAIMS,” 19 Colum. J. Gender & L. 367, Lexis)BB

Within the United States and globally, gender and sexual orientation form the basis of an increasing number of rights claims and protections. Both grounds, which reflect the expanding notions and challenges of identity-based rights, have been incorporated into United States asylum law with varying success. The extension of asylum to include some claims based on gender and sexual orientation has real and immediate significance for many individuals. However, securing protection in an individual case sometimes creates precedents that make it more difficult to prevail in future asylum claims, and that limit conceptions of gender and sexual orientation within the broader movement for human rights. To obtain asylum in the United States, an applicant must be a member of a particular social group targeted for persecution on the basis of a characteristic so fundamental to identity that it cannot or should not be required to change. n1 Applying this standard, adjudicators seek to understand what about gender or sexual orientation unites a group of people to the extent that it places members collectively at risk of persecution. Thus, the surest way for applicants and advocates to demonstrate that the asylum standard is met is to put forward a familiar and universalized picture of the persecuted woman, lesbian, or gay man, minimizing variability or complicating factors in the individual case. These firm but under-theorized depictions of gender and sexual orientation create and reinforce limited conceptions of identity and culture that make it more difficult to raise new asylum claims within these established categories. Existing asylum law should incorporate a more careful analysis of the harms that occur in these [*368] claims, particularly the successful ones, in order to find and permit a more robust view of identity and culture.

ADI 2010 68 Fellows—Bankey & Moczulski Trafficking Aff

AT: Asylum – Gender MPX (2/2)

Reliance on asylum homogenizes culture – obscures fluid identity Hinger 10 Staff attorney & Columbia Law School Social Justice Fellow, New Jersey Institute for Social Justice (Sarah, “FINDING THE FUNDAMENTAL: SHAPING IDENTITY IN GENDER AND SEXUAL ORIENTATION BASED ASYLUM CLAIMS,” 19 Colum. J. Gender & L. 367, Lexis)BB Dominance theory has been critiqued for obscuring and deemphasizing other social factors such as race, class, and culture, which may present problems of equal weight in themselves and may work to shape gender in different ways. n76 This critique is particularly apt in the context of asylum law, which purports to be inclusive of claims from across the world. Asylum requires identifying a central "if not but for" n77 cause for [*384] persecution. It encourages applicants to narrowly define the basis for their claim and deemphasize complicating elements. n78 When other social factors are recognized, they are usually depicted in flat and uncomplicated ways to fit into a coherent cultural structure of gender discrimination and persecution. Adjudicators more easily recognize female genital cutting as persecution because it is seen as part of a unitary culture. Where female genital cutting is practiced in a country, adjudicators in the United States feel confident asserting that such a society oppresses women generally. Thus, "the successful asylum seeker must cast herself as a cultural Other, that is, as someone fleeing from a more primitive culture." n79 Granting asylum in these cases appears justified because the United States, a country and a culture that does not practice female genital cutting, can be seen as a society capable of protecting and supporting women. n80 The more complete a theory of persecution, the more successful the asylum claim will likely be. Put differently, arguing a winning asylum claim requires creating a pervasive narrative of persecution. As a result, effective narratives of culture have been entirely one-dimensional and regressive. n81 The same follows for notions of women's identity and agency within such a culture. n82 This analytical framework ultimately leaves gaps in asylum's protections, making it difficult for tribunals to recognize cultures as containing persecutorial as well as potentially affirmative elements of [*385] female identity. It makes it difficult to acknowledge individual claims as valid if social conditions no longer conform to a depiction of the primitive Other.

More ev Hinger 10 Staff attorney & Columbia Law School Social Justice Fellow, New Jersey Institute for Social Justice (Sarah, “FINDING THE FUNDAMENTAL: SHAPING IDENTITY IN GENDER AND SEXUAL ORIENTATION BASED ASYLUM CLAIMS,” 19 Colum. J. Gender & L. 367, Lexis)BB

If gender does not map exactly to biological sex or form a strict social structure but instead emanates from multiple points of power n83 and intersects with other socio-cultural factors, n84 gender cannot be isolated as a unifying or targetable characteristic in the manner that asylum analysis requires. However, understanding gender as an incomplete social construct does not mean it has no salience as a socio- cultural category or that women are not harmed and discriminated against on account of their gender. Adjudicators can recognize the validity and importance of gender as a category and the potential for persecution on this basis without also equating gendered culture and identity with such harms. In gender- based asylum claims, the fact that the applicant suffered a serious physical harm is rarely contested. Courts can interpret these acts to re-enforce a detrimental understanding of gender. When the state condones acts of violence against women, either expressly or implicitly, it strengthens and gives legitimacy to a narrative of gender hierarchy. Thus, the combination of the physical act and state response rises to the level of persecution. This conceptualization allows a narrative of domination that is harmful but not totalizing. The asylum applicant is thus not required to define her entire identity--both gendered and cultured--in relation to the act of persecution in order to be protected. ADI 2010 69 Fellows—Bankey & Moczulski Trafficking Aff AT: Consent = Not Coerced

Context is key – the question of consent is irrelevant in relationship to broader social concerns. The abuse of women doesn’t occur in a vacuum. The idea of “consent” fails to recognize the distinction. Zimmerman 5 doctoral candidate in the religion and social change concentration of the joint Ph.D. in religious and theological studies at Iliff School of Theology and University of Denver. She is also a member of the adjunct faculty at the University of Denver and the University of Colorado at Colorado Springs. (Yvonne, “Situating the Ninety-Nine: A Critique of the Trafficking Victims Protection Act” Journal of Religion & Abuse Vol 7 (3) November, 37-56)

But a decision to migrate is never made in an original position that is outside of or free from social influences; it is always embedded within larger networks of intersecting influences. When a woman migrates, whether for sex work or for other types of work, and regardless of whether she enlists the aid of a trafficker, this decision and the means she employs to carry it through do not fit classical definitions of ‘private choice.’ The social, economic and political contexts that situate these migration patterns render a decision to migrate anything but private. Therefore, contrary to the current tendency of current trafficking discourses, victimization cannot be determined solely by ‘consent’ in an individuated instance. Rather, it is necessary to account for and respond to the ways that larger social forces work together to produce coercion and situations of limited choice. Privileging consent in human trafficking discourse is analogous to domestic violence situations where the central question posed by the dominant culture is ‘why doesn’t she leave?’ rather than ‘why does he batter?’5 All too often, a woman’s decision not to leave a battering relationship is interpreted either as (a) consent to the abuse or (b) as evidence that the abuse never took place at all. But this dichotomous conception fails to account for myriad reasons a woman might choose to stay in an abusive environment–reasons that range from financial constraints, to fear for her safety, or for the safety of her family and friends. The important thing to note here is that the existence of male intimate abuse should not be measured by whether or not such a woman stays or leaves. Rather, the abuse is a function of the harm that it inflicts. Taking cues, therefore, from the violence against women movement, the antitrafficking movement might also adopt a wider view of human trafficking, resting attention not only on whether women consent, but also on the surrounding social and material conditions that shape women’s decisions. ADI 2010 70 Fellows—Bankey & Moczulski Trafficking Aff

AT: State CP – Resources

States counterplan doesn’t solve - A. Resources and law enforcement Overbaugh 09 JD Candidate @ Seton Hall University School of Law, Eileen, Seton Hall Law Review, 39.2, 635-664, “Human Trafficking: The Need for Federal Prosecution of Accused Traffickers”)

Human trafficking investigations and prosecutions are most effective and efficient at the federal level because of extensive federal resources and the experience of federal law enforcement.92 The bulk of state law enforcement resources are swallowed by routine criminal prosecutions. Asking states to actively investigate and prosecute human trafficking would have a detrimental impact on other criminal investigations by stretching already limited resources and funding. The federal government, in contrast, employs a robust budget to actively investigate and prosecute human traffickers.93 Simply stated, the federal government has the national power, international presence, funding, manpower, and specialized knowledge necessary to effectively combat trafficking in persons. The Criminal Section of the Civil Rights Division of the Department of Justice has primary authority to prosecute trafficking cases.94 The FBI and Immigration and Customs Enforcement (ICE) are tasked with investigating human trafficking.95 Other agencies con-tribute to detecting and investigating trafficking in persons,96 and sev-eral agencies actively participate in the Human Smuggling and Trafficking Center, a national intelligence clearinghouse that gathers and synthesizes trafficking data.97 Further, the TVPA mandates a federal interagency task force.98 Federal agencies also collaborate on a variety of supplemental interagency task forces, such as the Trafficking in Persons and Worker Exploitation Task Force.99

B. Funding Overbaugh 09 JD Candidate @ Seton Hall University School of Law, Eileen, Seton Hall Law Review, 39.2, 635-664, “Human Trafficking: The Need for Federal Prosecution of Accused Traffickers”)

Funding is another significant advantage of federal investigation and prosecution. Both the FBI and the Department of Homeland Security are statutorily provided millions of dollars per year to combat human trafficking.105 Congress also earmarked several million dollars to fund federal task forces in 2006 and 2007.106 Additionally, the TVPA authorizes the Attorney General to issue generous grants to state and local governments for the investigation and prosecution of trafficking cases and the development and improvement of law enforcement training.107 Even with these federal funds, New Jersey’s county prosecutors’ offices are simply not as well funded as federal agencies.108 Moreover, local prosecutors have little choice but to pursue the homicides, robberies, and assaults that flood their offices. The U.S. Attorneys, on the other hand, have more flexibility to reprioritize their agenda and focus on human trafficking. ADI 2010 71 Fellows—Bankey & Moczulski Trafficking Aff

AT: State CP – Uniformity

Uniformity Overbaugh 09 JD Candidate @ Seton Hall University School of Law, Eileen, Seton Hall Law Review, 39.2, 635664, “Human Trafficking: The Need for Federal Prosecution of Accused Traffickers”) There is a strong possibility that the victims of state human trafficking cases will not qualify as “federal victims” and will face deportation despite the TVPA’s explicit goal of preventing the deportation of victims.133 Moreover, victims who bravely risk retaliation to testify against their captors may, nevertheless, be sent back to impoverished and dangerous areas of the world. If human trafficking cases were only prosecuted at the federal level, there would be a uniform definition of human trafficking. Victims would, therefore, meet the certification requirements and ultimately qualify for a T-visa and permanent residence in the United States. Such uniformity would be consistent with Congress’s desire to streamline prosecutions and to end the punishment of trafficking victims by deportation.134

More evidence – uniformity Overbaugh 09 JD Candidate @ Seton Hall University School of Law, Eileen, Seton Hall Law Review, 39.2, 635664, “Human Trafficking: The Need for Federal Prosecution of Accused Traffickers”)

Further, to guarantee that the benefits of trafficking do not outweigh the potential for arrest and punishment, uniformity in trafficking laws is necessary to prevent traffickers from shifting their activities to states with weak human trafficking laws.151 Legal scholars who focus on the intersection of crime and economics suggest that “disparity in legal conditions creates disparate markets, which traffickers exploit for their gain.”152 One researcher, examining international patterns of human trafficking, argues that because traffickers exploit discrepancies and ambiguities in the law, the international sex trade can be eliminated by using uniform international barriers to trafficking rather than individualized national prosecutions.153 In other words, criminalization at a national level is insufficient because a single country cannot reach suppliers and consumers outside of the country and cannot protect women and children who are victimized outside the nation’s borders.154 This argument easily translates to trafficking within the United States. Because traffickers exploit weaknesses and inconsistencies in state laws and because state governments cannot necessarily reach traffickers beyond their borders, the most effective way to attack trafficking is to rely on a uniform federal law. Instead of passing laws to criminalize human trafficking in every state, deterrence of human trafficking will be best accomplished by uniformity on the national level. ADI 2010 72 Fellows—Bankey & Moczulski Trafficking Aff AT: State CP – No Enforcement

States lack enforcement Overbaugh 09 JD Candidate @ Seton Hall University School of Law, Eileen, Seton Hall Law Review, 39.2, 635-664, “Human Trafficking: The Need for Federal Prosecution of Accused Traffickers”) Since the passage of the TVPA, numerous states,157 including Florida, California, and Texas, have enacted legislation criminalizing human trafficking. Like New Jersey, these states are prime locations for human trafficking because they are border states with large populations and substantial immigrant communities and because they are transportation hubs.158 Nevertheless, the human trafficking laws in these states remain virtually unused, while the federal government continues to prosecute trafficking cases within the same jurisdictions.159 Indeed, the former head of New Jersey’s human trafficking task force, Deputy Attorney General Linda Rinaldi, predicted shortly after the passage of New Jersey’s Human Trafficking Law that federal prosecutors would continue to handle cross-border trafficking cases while the state would prosecute smaller cases.160 ADI 2010 73 Fellows—Bankey & Moczulski Trafficking Aff

AT: States CP – Deterrent

Federal legislation is the best deterrent for traffickers Overbaugh 09 JD Candidate @ Seton Hall University School of Law, Eileen, Seton Hall Law Review, 39.2, 635-664, “Human Trafficking: The Need for Federal Prosecution of Accused Traffickers”)

Whether trafficking statutes have a deterrent effect must, therefore, center on whether the punishment outweighs the benefits of human trafficking; the potential for massive trafficking profits makes this particularly difficult. Traffickers undoubtedly conduct a cost-benefit analysis before engaging in trafficking.145 Traffickers consider the opportunity for and profits from legitimate income, the profits of illegal activity, the probability of being arrested, and the potential punishment.146 To combat these massive benefits, punishment must be proportional and swift; such punishment can only be accomplished under federal law. Federal prosecution of human traffickers will deter trafficking by ensuring that the punishment for trafficking outweighs the benefits. First, the penalties for human trafficking are stiffer under federal law than under state law. For instance, a trafficker in New Jersey typically faces a maximum of twenty years in prison if prosecuted under state law.147 The same trafficker, if prosecuted under federal law, faces up to life in prison, depending upon the circumstances of the crime.148 Second, traffickers face prosecution under a variety of other federal laws, including RICO, the Mann Act, and the Protect Act.149 Under state law, traffickers not charged with human trafficking face charges for less significant crimes such as promoting prostitution or false imprisonment, which carry shorter prison sentences.150 Third, the international reach of the federal government ensures that traffickers in other nations, including those who have fled the United States, will be brought to justice in America. ADI 2010 74 Fellows—Bankey & Moczulski Trafficking Aff

AT: States CP – Depth of Law

The states can’t use trafficking rhetoric to condemn traffickers – means they get out in less time and with fewer international repercussions. Overbaugh 09 JD Candidate @ Seton Hall University School of Law, Eileen, Seton Hall Law Review, 39.2, 635-664, “Human Trafficking: The Need for Federal Prosecution of Accused Traffickers”)

An analysis of alternative charges demonstrates that the federal government has a wider breadth of criminal laws with which to charge accused human traffickers.175 Typically, states are limited to charges such as promoting prostitution, criminal restraint, assault, sexual assault, criminal coercion, terroristic threats, and false imprisonment. These crimes do not all carry significant jail time176 and do not reflect the extent and impact of their psychological effects on victims. These crimes also fail to label traffickers as such; their organization, sophistication, and international reach make traffickers worse than abusers, kidnappers, or pimps, and their convictions should re the United States Court of Appeals for the Ninth Circuit held that human trafficking charges are not duplicative of involuntary servitude, alien smuggling, or alien harboring charges, allowing a defendant to be convicted of each count and enabling federal prosecutors to bring multiple charges against a trafficking defendant reflect this reality. The federal government, on the other hand, may be able to charge the accused trafficker with a crime that seems more analogous to human trafficking and reflects the traffickers’ sophistication and international presence. According to the Chief Counsel for the Smuggling and Human Trafficking Center, federal prosecutors may charge a defendant with peonage, alien smuggling and harboring, passport and visa fraud, money laundering, and conspiracy.177 In United States v. Maka, the United States Court of Appeals for the Ninth Circuit held that human trafficking charges are not duplicative of involuntary servitude, alien smuggling, or alien harboring charges, allowing a defendant to be convicted of each count and enabling federal prosecutors to bring multiple charges against a trafficking defendant. ADI 2010 75 Fellows—Bankey & Moczulski Trafficking Aff

AT: States CP – Perm Do Plan and States Enforce

The state can’t do it alone but they can enforce federal policies at the local level. Overbaugh 09 JD Candidate @ Seton Hall University School of Law, Eileen, Seton Hall Law Review, 39.2, 635-664, “Human Trafficking: The Need for Federal Prosecution of Accused Traffickers”)

In the fight against human trafficking, state and local prosecutors should become active participants on task forces with federal officials. High-level prosecutors should attend regular meetings with the local U.S. Attorney to discuss and share information about potential human trafficking cases. Importantly, local prosecutors should continue to serve as a conduit of information for other agencies. Because the nature of local policing requires officers to be on the street, among the community, and aware of local patterns of crime and behavior, local officers may be the first to detect human trafficking.199 In this way, local law enforcement and local prosecutors may actively pursue precursor crimes, just as in terrorism cases. Local offices should pursue any precursor crimes, such as identity theft or promoting prostitution, as these cases develop. Further, local prosecutors may prosecute low-level trafficking or precursor crimes as requested by the U.S. Attorney.200 Likewise, the U.S. Attorney should take on cases which local prosecutors believe are beyond the capabilities of their offices. State prosecutors, however, should not actively pursue human trafficking prosecutions because of the significant federal advantages discussed throughout this Comment, including infrastructure, expertise, prosecutorial flexibility, and the breadth of federal statutes. ADI 2010 76 Fellows—Bankey & Moczulski Trafficking Aff

AT: Canada CP

Canada doesn’t solve Pomeroy 10 Associate Resettlement Officer with the United Nations High Commissioner for Refugees (Martina, “Left Out in the Cold: Trafficking Victims, Gender, and Misinterpretation of the Refugee Convention's "Nexus" Requirement,” 16 Mich. J. Gender & L. 453, Lexis)BB

Canada's Immigration and Refugee Protection Act provides that trafficking victims may apply for refugee or permanent resident status, n39 but a troubling qualification bars victims who have been prosecuted, say, for prostitution or illegal entry, from access to this protection. n40 The UN Office on Drugs and Crime estimates that 79% of trafficking is for the purpose of sexual exploitation, n41 which usually means forced "prostitution." A trafficked woman forced to work in a brothel would be no less in need of protection in the form of asylum had she previously been arrested for prostitution. Such a provision subverts the Palermo Protocol's aim of protecting those who are coerced or deceived into slavery. Canada's legislation also does not include protection measures for trafficking victims; in fact, the only provision in which trafficking victims are mentioned states that having been trafficked is a factor favoring detention. n42 Following on the heels of the United States, the Canadian government in May 2006 enacted guidelines that can give victims of trafficking access to temporary residence permits as an emergency protection measure. However, as the Canadian Council for Refugees points out, such permits are issued on a discretionary basis, n43 and that, coupled [*461] with the high burden of proof placed on the refugee, n44 makes the regime inadequate. n45 Furthermore, Canada's trafficking victim protection system requires the involvement of law enforcement agencies, n46 which is a natural, and huge, deterrent for victims of trafficking. n47 Victims may fear deportation, arrest and prosecution for any illegal activities they may have been forced into (such as prostitution and drug use) if they seek out protection. In 2007, one year after the temporary residence permit regime came into force, Canadian authorities interviewed a woman apprehended at the border, concluded that she had been trafficked, and yet failed to offer her any protection. n48 CCR reports that "instead, she was held in detention and quickly deported, without even being given the opportunity to meet with a lawyer." n49 ADI 2010 77 Fellows—Bankey & Moczulski Trafficking Aff AT: Gendered Language

Your gendered language arguments don’t apply to the context of our research – we are analyzing the current discourse of trafficked individuals. Hayes 8, member of Chicago-Kent Law Review and participated in Operation Kosovo and the Student Animal Legal Defense Fund (Victoria,“Prostitution Policies and Sex Trafficking,” Fall, http://www.kentlaw.edu/perritt/courses/seminar/VHayes- final-IRPaper.pdf

This paper uses gendered language (i.e., the term “prostitute” instead of “sex worker” and references to prostitutes as female) because discourse about prostitution and sex trafficking is gendered, focusing on women who are bought or trafficked for “the purposes of men’s sexual gratification.”13 Although there are male prostitutes and men and boys are sometimes trafficked for commercial sexual exploitation, the majority of prostitutes and victims of sex trafficking are female.14 Similarly, most clients of prostitutes are male—even male prostitutes are frequented primarily by male clients.15 This paper does not intend to discount the issue of male sex trafficking or perpetuate myths that all prostitutes are female. Because the dominant discourses on prostitution and sex trafficking are gendered, however, the paper explores these gendered discourses using the same gendered language. ADI 2010 78 Fellows—Bankey & Moczulski Trafficking Aff

Plan Definition: UN Trafficking Protocol

UN Trafficking Protocol 03 (“Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children,” Supplementing the United Nations Convention Against Transnational Organized Crime, G.A. Res. 25, annex II, U.N. GAOR, 55th Sess., Supp. No. 49, at 60, U.N. Doc. A/45/49 (Vol. I) (2001), entered into force Sept. 9, 2003. in http://www1.umn.edu/humanrts/instree/trafficking.html)

Article 3 Use of terms For the purposes of this Protocol: (a) "Trafficking in persons" shall mean the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs; (b) The consent of a victim of trafficking in persons to the intended exploitation set forth in subparagraph (a) of this article shall be irrelevant where any of the means set forth in subparagraph (a) have been used; (c) The recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation shall be considered "trafficking in persons" even if this does not involve any of the means set forth in subparagraph (a) of this article; (d) "Child" shall mean any person under eighteen years of age.