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Human Trafficking Status Report

Human Trafficking Status Report. William F. See FBI UCR Program CJIS Division. Human Trafficking. TVPA,22 U.S.C, § 7102, defines human trafficking:

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Human Trafficking Status Report

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  1. Human TraffickingStatus Report William F. See FBI UCR Program CJIS Division

  2. Human Trafficking TVPA,22 U.S.C, § 7102, defines human trafficking: (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 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.

  3. Human Trafficking The William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (TVPRA, 28 U.S.C. § 534) • Signed into law on December 23, 2008. • Reauthorizes TVPA of 2000. • A Congressional mandate for the FBI to modify UCR.

  4. Human Trafficking Requires the Director of the FBI to: • Classify the crime of Human Trafficking as a Part I (Summary) and Group A (NIBRS) offense in UCR. • Establish subcategories for state sex crimes. • Distinguish between incidents of assisting or promoting prostitution, purchasing prostitution, and prostitution.

  5. Approved by the Director The FBI UCR Program has implemented three new Offenses: Human Trafficking/Commercial Sex Acts: inducing a person by force, fraud, or coercion to participate in commercial sex acts, or in which the person induced to perform such act(s) has not attained 18 years of age. Human Trafficking/Involuntary Servitude: the obtaining of a person(s) through recruitment, harboring, transportation, or provision, and subjecting such persons by force, fraud, or coercion into involuntary servitude, peonage, debt bondage, or slavery(not to include commercial sex acts). Purchasing Prostitution: To purchase or trade anything of value for commercial sex acts.

  6. Implemented for New UCR 2013 Human Trafficking in SRS • Incorporated into SRS specifications • Mirrors the Return A structure • Electronic FBI only form • Two new Part I Offenses • Human Trafficking/Commercial Sex Acts • Human Trafficking/Involuntary Servitude

  7. Implemented for New UCR 2013 Human Trafficking in SRS • Prostitution and Commercialized Vice subcategories on the ASR • Prostitution • Assisting or Promoting Prostitution • Purchasing Prostitution • New circumstance for Human Trafficking on SHR

  8. Implemented for New UCR 2013 Human Trafficking in NIBRS • Incorporated into new NIBRS Technical Specifications • Three new offense codes • Human Trafficking/Commercial Sex Act (64A) • Human Trafficking/Involuntary Servitude (64B) • Purchasing Prostitution (40C) • Minimizes impact to NIBRS data contributors • Addition of new offense codes • No new data elements or data values • One to one conversion for CIUS publication

  9. Human Trafficking in NIBRS

  10. FBI Civil Rights Program SSA David B. Rogers Civil Rights Unit Washington, DC 202-324-9383

  11. Civil Rights Program Human Trafficking Domestic servitude Commercial sex (all adults and international minors located within the U.S.) Forced labor Crimes Against Children Unit Domestic minors involved in commercial sex The Federal Bureau of Investigation

  12. Why Investigate Human Trafficking? • Estimated 29 Million Slaves Worldwide • More slaves now than at any time in history* • Cheap/Disposable commodity • 2nd or 3rd Most Profitable Criminal Activity in the World (Est. $32 Billion)

  13. Human Trafficking A Modern Definition Civil Rights Crime: 13th Amendment of U.S. Constitution A Modern Definition: TVPA • “Human trafficking” is compelling or coercing another person’s labor or services (including commercial sex) • Coercion can be subtle or overt; physical or psychological • Need not include movement or smuggling

  14. Criminal Statutes • 18 USC 1351 – Fraud in Foreign Labor Contracting • 18 USC 1584 – Sale into Domestic Servitude • 18 USC 1589 – Forced Labor • 18 USC 1591 – Sex Trafficking • 18 USC 2421 – Mann Act • 18 USC 2424 – Filing Factual Statement about Alien Individual

  15. Human Trafficking A Modern Definition Generally Three Types • Sex Trafficking • Adults: Force, Fraud, Coercion • Minors: No Proof of Force, Fraud, or Coercion Required • Labor Trafficking • Force, Coercion • Domestic Servitude

  16. FORCE Used to break victim’s resistance to make them easier to control.

  17. Examples of Force • Kidnapping/recapturing of an escaped victim • Beatings and Torture (Rape, sexual abuse, harassment) • Forced pregnancy/abortion • Confinement/kept under guard/surveillance • Use of restraints • Denial of food/ water/ medical care/ contraceptives/ condoms • Removal of children • Concealment of whereabouts to friends/family

  18. FRAUD Involves false offers that induce people into trafficking.

  19. Promises of immigration/travel documents Victim instructed to use false/counterfeit identity/travel documents Signed contract to do legitimate work Required to do work other than agreement Promises of salary that never materialize Misrepresentation of work/conditions of work Examples of Fraud

  20. COERCION Involves threats of harm, any scheme, plan or pattern or abuse to a person if the person did not enter into or continue in such condition.

  21. Examples of Coercion • Debt bondage • Threats of serious harm to victim/victim’s friends and/or family • Trafficker/pimp controls all of victim’s family/friends outside brothel • Threatening to use photos against victim • Withholding documents • Punishment of others • Quotas • Verbal or psychological abuse • Fear of Law Enforcement

  22. Common Misconceptions • It is a crime that only involves foreigners. • It requires foreign or interstate travel/ border issues • It is only related to the sex industry • If they get paid, they aren’t victims

  23. Human Trafficking is NOT Smuggling • Alien Smuggling • Includes those who consent to smuggling • Contract ends after border crossing • Smugglers need only to entail • physical movement of “customers” • Is always an international • Crime Against Border • Human Trafficking • Victims do not consent to their situations • Entails forced exploitation of a person for labor/services • Crime against each persons fundamental rights • Occurs domestically-victims held captive in own country • Crime Against Person

  24. Human TraffickingThe Industries - US COMMERCIAL SEX Prostitution Stripping Pornography Live-sex shows Brothels Massage Parlors DOMESTIC SERVITUDE Housekeeping Child rearing

  25. Human TraffickingThe Industries - US LABOR EXPLOITATION Sweatshop Factories Migrant Agricultural Work Restaurant Work Hotel/Resort Housekeeping Food Processing Construction and Landscaping

  26. Human Trafficking - The Victim Vulnerable VISA Pattern • Recruiter in home country • Promises cash and conditions • Debt in exchange for VISA and/or Employment • Identity documents taken • Debt manipulated • Harsh conditions • Deportation threats

  27. Human Trafficking - The Victim Vulnerable VISA Pattern 2 • Recruited as VISA is expiring/overstay • Promises to extend VISA • Debt in exchange for extension • Identity documents taken • Deportation threats • Debt manipulated • Harsh conditions

  28. Human Trafficking---- Engaging the Threat PROACTIVE Vulnerable Visa Programs • H-2A Seasonal Worker – Agriculture • H-2B Seasonal Worker • G-5/A-3 Visa – Domestic Servant • J-1/F/M – Student and Exchange Visitors • B1 & B2 – Tourist Business/Pleasure • Visa Waiver Program

  29. Human TraffickingVictims/Groups Vulnerable to Coercion • Victims may be illegal immigrants, legal immigrants or citizens • Diaspora population with poor LEO relations • Minors – “hello” • Homeless • Substance abuse users • Mentally challenged • Minimal education level • Cultural background • Experiences with legal system

  30. My family went into debt to pay my recruitment fee- if I return home as a failure I will betray my family. Am I a victim? My family may be killed. I feel so ashamed. I will be deported. I fear law enforcement. Victim Challenges

  31. Human Trafficking - Engaging the ThreatREACTIVE MOST VICTIMS ARE FOUND BY: Complaint or Victim walk-in Local Law Enforcement Response to an Incident Information received from NGO’s, churches, and community service providers

  32. Human Trafficking - Indicators • No control over travel documents • Debt increases • Don’t speak English/Others speak for them • Live where they work • Locked into their residence • Bosses take their pay • Pay boss for food, clothes, rent • Not free to leave • Someone always watching/guarding • Not free to contact family members or friends • Threatened by bosses • Family threatened • Told what to say if questioned by police • Lied to about work they have to perform

  33. Human TraffickingEngaging the Threat PATIENCE – These are very lengthy cases Keep a Victim-Centered Approach • Requires, attorneys, linguists, counselors, shelters, financial services, relocations services…

  34. Human TraffickingThe Industries – U.S. Trends • LABOR EXPLOITATION • Labor Leasing Companies • Elder Care Facilities Homes • Begging/peddling rings • Criminal Acts- shoplifting • Magazine crews • Asian Restaurants • COMMERCIAL SEX • Drug Mules • Cantinas/Bars • Brothel Rings

  35. Emerging Trends – U.S. • Increase in Criminal Enterprises engaging in HT activities • Increase in Labor Leasing Companies controlling the work force for domestic companies • Increase in Public Corruption to protect traffickers • Increase in the use of social media to recruit victims • Boom Towns (Oil & Gas Industry)

  36. Human TraffickingEngaging the Threat COOPERATION AND COLLABORATION Federal, state and local partners – CROSS COORDINATION Task Forces and working groups (88) Non-governmental organizations (NGOs) which provide emergency shelter, food, medical assistance, counseling and legal assistance Immigration Rights organizations

  37. Questions? Civil Rights UnitFBIHQ, Washington, DC

  38. www.polarisproject.org

  39. Polaris Project • Named after the North Star that guided slaves towards freedom along the Underground Railroad • Victim Services and Housing • National Human Trafficking Resource Center • National Training & Technical Assistance • Federal & State Policy Advocacy • Public Outreach & Communication • Web: www.polarisproject.org

  40. National Human Trafficking Resource Center • Toll-free national hotline 24/7, 365 days, live person, 172 languages, confidential • Responds to crisis calls • Reports tips to law enforcement • Provides victim service referrals • Conducts training and technical assistance • Offers information and resources • Generates statistical reports Polaris Project

  41. Call TypesDecember 7, 2007 – February 29, 2012 Crisis Calls 5% Tips 15% Referrals 12% General Information 28% Training & Technical Assistance 5% Related and Miscellaneous 34% New Category Coming Soon: Orange– High Risk Victims

  42. Formal Tip Reporting Local, State, Federal Law Enforcement Tips Involving Minors

  43. NHTRC Statistics & Trends • 50,610 total calls as of 4/11/12 • 1,619 monthly average calls in 2011 • Approx. 25% calls reference potential situations • 2,225 calls reported to law enforcement • 813 calls received from law enforcement • 592 local and 221 federal • 5,904 potential victims referenced as of 4/11/12

  44. Calls from Local Law Enforcement: (Dec 7, 2007 – March 20, 2012)

  45. Type of Trafficking December 7, 2007 – March 31, 2012

  46. Top Four Categories

  47. Interesting TrendsDecember 7, 2007 – March 31, 2012

  48. Top LE Agencies Receiving Reports Note: a single case may be reported to multiple agencies. Reports to Human Trafficking Task Force may include FBI Civil Rights, FBI Innocence Lost, ICE, Assistant United States Attorneys, and local law enforcement.

  49. Call Outcomes • Current Outcomes based on Limited Responses • 1856Outcomes on 945cases • 449 Investigations Opened • 842Confirmed Victims • 7 Cases Potential Trafficker Prosecuted • NHTRC Regional Specialists send out quarterly reports to agents/agencies who have received tips asking for victim and case-based outcomes.

  50. State Laws • 2000: U.S enacts Trafficking Victims Protection Act • 2003: Washington first to enact state laws • 2012: 49 states and DC have state laws (except WY) • Most recent additions: MA and WV • No. states with sex trafficking: 47* • No. states with labor trafficking: 49 • Variation in laws: some are standalone offenses, others are imbedded within existing offenses (e.g. VA and OH)

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