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The Crime of Human Trafficking Law Enforcement

VIEWS: 17 PAGES: 24

									            “As first responders, we play a critical role in uncovering
              human trafficking which often presents as domestic
              violence, labor disputes, or prostitution. We have the
                opportunity to identify and arrest the traffickers
                        and provide justice for the victims.”

                           Chief Mary Ann Viverette
                   Gaithersburg Police Department, Maryland




 This project was supported by Grant No. 97-WT-VX-K003 awarded by
  the Office on Violence Against Women, U.S. Department of Justice.
The opinions, findings, conclusions, and recommendations expressed in
   this publication/program/exhibition are those of the author(s) and
    do not necessarily reflect the views of the Department of Justice,
                   Office on Violence Against Women.
Introduction
Human trafficking, commonly               Human trafficking can happen any-
referred to as “modern day slavery”       where. As a law enforcement officer,
is a global phenomenon that involves      you should be prepared for the
obtaining or maintaining the labor        potential of human trafficking
or services of another through the        in your community. Trafficking
use of force, fraud, or coercion in       networks are not limited to urban
violation of an individual’s human        localities, as traffickers also seek the
rights. Generating billions of dollars    seclusion of rural and remote areas to
in profit each year, human traffick-      operate undetected. As first respon-
ing is one of the world’s fastest         ders, you are key to identifying and
growing criminal activities, operat-      apprehending these criminals. This
ing on the same scale as the illegal      guidebook is intended to offer
trade of guns and drugsi. Fueled by       you the knowledge and tools to
global economic conditions and            investigate human trafficking
increased international mobility, the     safely and effectively.
market for and trade of human             This guidebook includes:
beings continues to expand rapidly.
                                          • Definitions of human trafficking
Unlike the trade in drugs and               and the various forms of exploitation
weapons, those who traffic in
                                          • Distinctions between trafficking
humans can sell and resell their
                                            and smuggling
“commodity” forcing each victim to
suffer repeatedly. Although actual        • Dynamics of human trafficking
figures are difficult to determine due      and the traumatic effects upon
to the underground nature of the            victims
trade, the U.S. State Department’s        • Strategies for victim identification
2006 Trafficking in Persons Report          and assistance
estimates that up to 900,000 people       • Methods for effective response and
are trafficked per year international-      investigation
ly, with 17,000 of these victims traf-    • Avenues for legal assistance and
ficked into the United Statesii. These      visa provisions under federal law
figures do not include those U.S. citi-
                                          • A pocket card for quick reference
zens who are trafficked within our
borders. It is estimated that 80% of
those who are trafficked are women
and childreniii.




                                                                                1
Defining Human Trafficking
In 2000, the Trafficking Victims Protection Act [18 U.S.C. Sections 1589-1594]
was passed to address the problem of trafficking in persons through protection
and assistance for victims, prosecution of offenders, and prevention efforts
internationally. The Trafficking Victims Protection Act (TVPA) strengthened
federal criminal laws that prohibit human trafficking, created immigration relief
for victims, and authorized benefits for those who qualify.
The TVPA defines human trafficking or “severe forms of trafficking
in persons” as:

• The recruitment, harboring, trans-      • Sex trafficking, meaning the
  portation, provision, or obtaining        recruitment, harboring, trans-
  of a person for labor or services         portation, provision, or obtaining
  through the use of force, fraud,          of a person for the purpose of a
  or coercion for the purpose of            commercial sex act in which a
  involuntary servitude, peonage,           commercial sex act is induced by
  debt bondage, or slavery. This            force, fraud, or coercion, or in
  occurs in situations of forced labor      which the person induced to
  such as domestic servitude, factory       perform such act is under 18
  or agricultural work; or                  years of age.
2
Trafficking vs. Smuggling




                                                                                      Definitions
There are key differences between the       where their freedom is taken away,
crimes of trafficking and smuggling.        they are then a victim of human
Smuggling occurs when someone is            trafficking. Central to the distinction
paid to assist another in the illegal       is the denial of the victim’s liberty.
crossing of borders. This relationship      An individual’s willingness to be
typically ends after the border has been    smuggled into another country
crossed and the individual has paid the     does not minimize the victimiza-
smuggler a fee for assistance. If the       tion he or she may experience at
smuggler sells or “brokers” the smug-       the hands of a trafficker. In some
gled individual into a condition of         cases, traffickers may forcibly kidnap
servitude, or if the smuggled individ-      their victims; however, in most
ual cannot pay the smuggler and is          instances, the global conditions of
then forced to work that debt off, the      extreme poverty and political tur-
crime has now turned from smug-             moil leave people who are seeking to
gling into human trafficking. The key       improve their lives vulnerable to the
distinction between trafficking and         false promises and manipulation of
smuggling lies in the individual’s          traffickers. Slavery and involuntary
freedom of choice. A person may             servitude are illegal practices in the
choose and arrange to be smuggled           Unites States regardless of original
into a country, but when a person is        consent.
forced into a situation of exploitation




                    Three Elements of Trafficking
            PROCESS                  MEANS                     END

            Recruiting               By Force           For Involuntary
               OR                       OR                 Servitude
            Harboring                 Fraud                   OR
               OR                       OR              Debt Bondage
             Moving                  Coercion                 OR
               OR                                           Slavery
            Obtaining                                         OR
               OR                                          Sex Trade
           Maintaining
            A Person
                               Source: Adapted from the Freedom Network
                               Institute on Human Trafficking




                                                                                  3
Definitions



                   Myths and Misconceptions of Human Trafficking
                   • The victim knew what they were getting into
                   • The victim committed unlawful acts
                   • The victim was paid for services
                   • The victim had freedom of movement
                   • There were opportunities to
                     escape but the victim didn’t
                   • Trafficking involves the
                     crossing of borders
                   • U.S. citizens can’t be
                     trafficked
                   • The trafficker’s actions are
                     culturally appropriate
                   • It can’t be trafficking when
                     the trafficker and victim are
                     related or married




              Under U.S. law, once a person has been held in servitude, a person’s status as a
              trafficking victim supersedes all other smuggling or immigration questions
              and affords them legal protections and social services.

              Trafficking                               Smuggling
              • Is not voluntary; one cannot            • Is voluntary; an individual typically
                consent to being trafficked               contracts to be taken across a border
                or enslaved                             • Ends after the border crossing
              • Entails forced exploitation of a
                                                        • Fees are usually paid in advance or
                person for labor or services
                                                          upon arrival
              • Need not entail the physical
                movement of a person                    • Is always international in nature
              • Can occur domestically, where           • Is a crime against the nation’s
                citizens are held captive in their        sovereignty
                own country
              • Is a crime against the right of
                each person to be free from
                involuntary servitude



              4
Strategies for Identifying Human Trafficking
Due to the covert nature of the crime,       Look for possible indicators of
human trafficking will likely come           human trafficking where you
to your attention indirectly. Some           may not expect it:
examples of state and federal                Businesses within your community
violations that may lead you to                • Could any serve as fronts for
uncover elements of human trafficking             trafficking?
include: domestic violence crimes,           Building security
labor disputes, prostitution and
                                               • Is it used to keep people out or
pimping offenses, shoplifting, and
                                                 to keep people in?
cases of assault.
                                             Working conditions




                                                                                        Identification
It is critical to note that any individual
                                               • Do the workers have freedom
can be trafficked; victims of trafficking
                                                 of movement?
are not always undocumented immi-
grants. They may be immigrants here            • Do they live and work in the
legally, on work or student visas for            same place?
instance, or they may be U.S. citizens.        • Do the workers owe a debt to
U.S. citizens who are recruited                  their employers?
and enslaved within the United                 • Do the employers have control
States are considered trafficking                over their workers’ immigra-
victims. They can also be taken                  tion documents?
from the United States and traf-             Appearance and mannerism of
ficked to other countries, which             the workers
may be a factor to be considered when          • Are there signs of trauma,
investigating missing persons cases.             fatigue, injuries, or other
In situations of possible human traf-            evidence of poor care?
ficking, victim identification can be one      • Are the individuals withdrawn,
of the most challenging tasks for law            afraid to talk, or is their com-
enforcement. As a law enforcement                munication censored?
professional, you may have to rely on
your instincts to pick up on “red flags”
indicating that someone might be a
victim or perpetrator of trafficking.




                                                                                    5
                     Forms of Human
                     Trafficking
                     Traffickers exploit humans
                     for labor or services in a wide
                     variety of forms and locations
                     including:
                     Sexual Exploitation
                       Brothels
                       Massage Parlors
                       Pornography Production
                       Street Prostitution
                     Labor Exploitation
Identification




                       Agricultural/Farm Work
                       Cleaning Services
                       Construction
                       Domestic Servitude
                       Exotic Dancing
                       Factory/Manufacturing
                       Restaurant Work

                                                         While any one of these signs might
                     Servile Marriage                    not constitute a situation of traffick-
                     (also known as “mail
                     order brides”)                      ing, they can serve as indicators to
                                                         alert you to the possibility of this
                     While the practice of arranging     crime. When you encounter cir-
                     to marry someone from another       cumstances that raise suspicion,
                     country is not necessarily
                     trafficking, some traffickers       remain vigilant for the possibility
                     hide their operations by            of human trafficking. Ask detailed
                     posing as international             questions for greater assessment of
                     marriage brokerage services.
                     The determining factors for         the situation.
                     trafficking are the circumstances   Due to the fear that traffickers instill
                     the “bride” faces once in the
                     United States; is she being         in their victims, it may be necessary
                     held in a condition of servi-       to ask questions creatively, looking
                     tude through the use of force,      for signs that indicate a lack of free-
                     fraud, or coercion for the
                     purposes of forced labor or         dom. Instead of immediately trying
                     commercial sexual exploitation?     to determine whether someone is in
                     Situations of servile marriage      this country legally, ask how they
                     create inherent vulnerabilities,
                     so you should ask additional
                                                         arrived in the U.S., whether they
                     questions regarding every-          have control over their documents,
                     one’s welfare and freedom.          and if their movement is restricted.




                 6
Dynamics of Human Trafficking
Methods of Control                       • Threaten victims with arrest
                                           or deportation
Trafficking operations are organ-
ized on a variety of levels and          • Threaten to harm or kill family
scales. They can operate on a              in the victim’s homeland
small, local scale with one traf-        • Use debt and other fines in order
ficker and one victim where there          to create an insurmountable
is little or no connection with            “peonage” situation in which the
other traffickers to a large-scale         victim must work off a debt or
international business with many           face punishment. Debts commonly
different players involved in the          include the initial smuggling fee;




                                                                                    Identification
trafficking. Larger operations may         charges for food, housing, cloth-
be a part of a loosely associated          ing, medical expenses; or fines for
trafficking network, or they may           failing to meet daily quotas
be part of organized crime. The          • Move victims from location to
commonality among these traf-              location or trading them from
ficking operations is that they            one establishment to another
exploit and enslave human beings           resulting in a situation where
for profit through the use of              victims may not know which
physical and psychological meth-           town or state they are in and
ods of power and control.                  are less able to locate assistance
Through the use of physical violence     • Create a dependency using tactics
and psychological tactics, traffickers     of psychological and emotional
create an overwhelming sense of fear       abuse in much the same way a
in their victims, not unlike the meth-     batterer behaves toward their
ods used by perpetrators of domestic       intimate partner in a dynamic
violence. Remember that an                 of domestic violence
individual need not be beaten            • Dictate or restrict movement
or restrained physically to be a         • Isolate victims who do not speak
victim; the use of force, fraud, or        English, as they rely on the traf-
coercion fulfills the elements of a        ficker as a translator and their
human trafficking crime.                   only source of information
In order to coerce and control
victims, traffickers will often:         The Victim’s Experience
• Confiscate papers and legal            There are a variety of reasons why
  documents                              victims of trafficking may not seek
                                         help and may even resist interven-
• Misrepresent U.S. laws and
                                         tion from law enforcement. The
  consequences for entering the
                                         methods of control used by the
  country illegally
                                         traffickers and daily realities for the

                                                                                7
                 victims may make it especially          • May not perceive themselves as
                 challenging for you to establish          victims because they do not
                 trust and get honest answers. It          know their rights
                 may be hard to comprehend the           • Feel shame about the type of
                 actions, reactions, and decisions of      work they were made to do
                 those subjected to trafficking. In
                 addition to the fear and dependency     • Feel ashamed to admit
                 instilled by the traffickers, victims     victimization
                 may be reluctant to try to              • Believe that any debts are their
                 escape because they:                      obligation to repay (some may
                 • Fear law enforcement because of         have even signed a contract)
                   their illegal status or because of    • View their situation as tempo-
Identification




                   the criminal acts they have been        rary, surviving on the hope that
                   forced into*                            once their debt is paid off or a
                 • Mistrust law enforcement                certain amount of time has
                   because officers in their home          passed they will be free
                   country may be corrupt and
                   even directly involved in the         * The TVPA [18 U.S.C. Sections
                   trafficking trade                     1589-1594] allows for victims of
                 • Choose to remain in the situation     trafficking who participated in illegal
                   rather than reporting the crime       activity such as prostitution or
                   to keep family safe from              immigration fraud to be protected
                   retribution                           rather than punished.




                              “I didn’t believe in police. I really believed what
                             my trafficker said. My trafficker said they will put
                           you in jail; they will send you back… She said in this
                          country, dogs have more rights. And I believe. I believe
                            everything she said because she’s been living here
                          for a long time, she knows, she speaks English, she has
                              money, everything, and I didn’t have anything.”

                            “Esperanza”, trafficking survivor, IACP 2006 video,
                        The Crime of Human Trafficking: A Law Enforcement Guide.




                 8
Action Agenda Checklist
✔ Conduct department-wide training on human trafficking,
   including dispatch
✔ Educate your community about the crime of human
   trafficking
✔ Develop foreign language resources for your department
✔ Identify non-profit agencies that provide victim assistance
✔ Develop collaborative relationships before a human
   trafficking case occurs
✔ Assess locations that may serve as fronts for illegal activity




                                                                         Identification
✔ Identify industrial/service-based businesses that
   employ low paid workers and learn how they are
   recruited and treated
✔ Assess the local sex industry in your community and the forms it
   takes (e.g. street prostitution, massage parlors, strip clubs)
✔ Identify escort agencies in your community that advertise
   foreign or “exotic” women
✔ Ensure officers responding to prostitution offenses address and
   document possible indicators of human trafficking
✔ Locate neighborhoods or communities where domestic servants
   are typically employed




                                                                     9
                 Trauma and Trafficking
                 Many victims of trafficking have           them to talk about their experience
                 endured multiple violations, includ-       in an organized, linear way, rather
                 ing sexual abuse, and are likely to be     their stories will likely be shared in
                 experiencing trauma. Trauma will be        pieces. Once out of the trafficking
                 expressed differently by each person       situation, victims may be extremely
                 ranging from intense expressions of        stressed or traumatized and will
                 feelings such as anger or fear to a        likely need counseling. While some
                 lack of emotion or flat effect.            individuals may find it helpful to
                 Victims of trafficking may adopt           talk about what happened to them,
                 self-protective reactions as part of       others may find it traumatic, as
Identification




                 their efforts to cope with the trauma      though they are reliving the
                 and create safety for themselves.          experience.
                 Coping or survival mechanisms may          Therefore, victim interviews alone
                 result in the victim feeling loyalty,      may not be determinative; successful
                 gratitude, or dependence upon an           trafficking investigations take the
                 individual related to the trafficking      entire situation into consideration.
                 operation or the establishment of an       Building trust by showing patience
                 intimate relationship with someone         and a non-judgmental attitude when
                 involved in the trafficking network.       interviewing potential victims will
                 At the same time, victims may feel a       aid the investigation and enable the
                 deep sense of shame and may be             victims to feel comfortable revealing
                 afraid their families and communi-         details about their experiences.
                 ties will reject or punish them if they    It is also important for you to
                 find out.                                  understand that physical removal
                 In initial contacts with law enforce-      from the situation—or even a suc-
                 ment, a victim of trafficking may          cessful prosecution of the traffickers
                 repeat cover stories that the traffick-    in custody—does not mean victims
                 er has coached them on. They may           or their families are free from
                 not tell the truth, especially at first,   reprisals from the traffickers. Their
                 because they are unfamiliar with our       fears and their safety should be of
                 legal system, they have been told the      ongoing concern (See Victim Safety,
                 police will not help them, or they         page 14). For these reasons, having
                 fear punishment for any illegal            positive working relationships with
                 activity they may have been forced         victim service agencies who can
                 to engage in by the traffickers.           address these issues and help stabilize
                 Due to the trauma victims may have         the victim is critical.
                 experienced, you should not expect




                 10
An Effective Response to Human Trafficking
Building a Case                           federal level. Coordination with
                                          federal authorities is critical for
A collaborative relationship with fed-
                                          determining the best strategy for
eral authorities is needed to make
                                          prosecution. If your department
investigation and prosecution deci-
                                          does not already have a relationship
sions and build strong cases against
                                          with a federal partner, speak with a
traffickers. Federal law enforcement
                                          supervisor about potential collabora-
partners can assist with conducting
                                          tion with your local U.S. Attorney
interviews of trafficking victims,
                                          Law Enforcement Community
identifying appropriate interpreters,
                                          Coordinator (See Technical Assistance
and determining best strategies for
                                          Resources, page 17).
prosecution, whether at the state or




                Protocol for Successful Interviews
    ❒ Be aware that traffickers might not be easy to distinguish from
        victims and understand that some victims may have had to “col-
        laborate” in order to survive
    ❒ Educate yourself on trauma, its impact and effects or collaborate
        with a trauma specialist to assist with interviews
    ❒ Adopt a compassionate and non-judgmental manner
    ❒ Conduct interviews with victims/witnesses while in plain clothes,
        if possible
                                                                                  Investigation
    ❒ Conduct interviews individually and in private, remembering that
        the victim may need a counselor or attorney present for support
    ❒ When an interpreter is needed, select a skilled interpreter who
        you are confident is in no way connected to the traffickers
    ❒ Do not begin your interview with documentation or legal status
        as this may frighten or confuse the victim and interfere with
        building trust
    ❒ Do not ask “Are you a slave?”; “Are you a trafficking victim?”
    ❒ Allow interviewees to describe what happened to their counter-
        parts before focusing on the victims’ own suffering; it is often
        easier for them to talk about what happened to other people
        initially
    ❒ Provide victims the opportunity to tell their story; it may help
        them to do so




                                                                            11
                Successful response to human traf-        working relationships with federal
                ficking crimes requires community         law enforcement agencies, victim
                collaboration. You will need to build     service providers, and prosecutors
                partnerships with a variety of victim     will enable you to put mutually
                service providers, local ethnic com-      agreed upon procedures and partner-
                munity leaders, medical and mental        ships in place in advance of a case.
                health providers, and legal advocates     For example, specific protocols and
                in order to address the host of needs     preparatory measures to address
                that the victims have. You may be         minors who are victims of traffick-
                able to build upon previously estab-      ing should be developed.
                lished relationships, such as with
                drug or gang task forces or with          Proactive and Reactive
                domestic violence and sexual assault      Approaches
                coordinating councils, to help investi-   Identifying and investigating human
                gate and provide services for victims     trafficking crimes may be done both
                of trafficking.                           proactively and reactively. To be
                While human trafficking crimes            proactive, you can look into situations
                may be rare in your community,            or businesses in your community
                establishing positive, coordinated        where you suspect human
Investigation




                     Task Forces: A Collaborative Approach
                     The Trafficking Victims Protection Act and subsequent
                     legislation provides grant assistance for the creation of victim
                     services and anti-trafficking task forces. These groups coordinate
                     anti-trafficking efforts by bringing together federal, state, and
                     local criminal justice professionals and victim service providers.
                     One such task force, Houston’s Human Trafficking Rescue
                     Alliance, has been heralded for its effective anti-trafficking
                     collaboration. For example, a deputy from the Harris County
                     Sheriff’s Office is assigned to the FBI as an investigator and law
                     enforcement liaison. As a result of efforts such as this, Houston
                     area law enforcement have effectively increased identification
                     of this crime, provided comprehensive assistance to victims,
                     and successfully prosecuted several human trafficking cases.




                12
      “Be careful not to let the traffickers know you are on to them.
        You may have to release them with no charges if you don’t
       have a strong case against them, and they will easily change
     their MO and place of operation. If they don’t suspect you know
      what they are doing, you can start your covert investigation in
           order to gather the evidence needed to build a case.”

                       Investigator Edwin Chapuseaux
                      Harris County Sheriff’s Office, Texas




trafficking may be taking place.            potential witnesses who are central to
Should you find indicators or               building a case against the trafficker.
evidence of a situation of human            To fully address the crime of traffick-
trafficking, you may begin to build         ing in your community, it is also
a case against the traffickers in a         important to remember that not only
covert manner to support the                the traffickers, but those who seek to
trafficking allegations. It is impor-       purchase the services of trafficking
tant to inform federal authorities          victims must be held accountable. For
(ideally those with whom you have           example, arresting “johns” who solicit
already made contact) about your            for prostitution sends a strong
evidence and investigation in order         message to your community that
to learn whether there is already a
                                                                                       Investigation
                                            these crimes will not be ignored and
federal investigation underway or if        that all parties will be held responsi-
your case is connected to a larger          ble. They also might be a source of
trafficking network.                        intelligence; cases have been success-
In a reactive response, you may             fully developed as a result of women
uncover trafficking while addressing        confiding in brothel customers or
other crimes or calls for assistance.       strip club patrons.
Depending upon exigent circum-              When the time comes to interview
stances, you will need to first handle      possible victims/witnesses, if an inter-
the immediate component crime and           preter is needed, be careful to select a
respond to victim needs. You may            skilled interpreter who is in no way
arrest, if possible, for crimes such as     connected to the traffickers. If your
fraud, kidnapping, physical or sexual       agency does not have an investigator
assault, and forced labor. However, it is   experienced in interviewing traffick-
important to remember that even             ing victims, consider contacting feder-
though individuals may have been            al authorities for assistance.
forced to engage in criminal activity,
they should be regarded as victims and

                                                                                 13
                Victim Safety
                Victims will need to feel safe before      Pimp Convicted on
                being able to assist in the investiga-     Human Trafficking
                tion and prosecution of offenders.         Charges
                Victims may be in danger as a result
                of a variety of factors, including the     On November 7, 2002,
                extent of the trafficking operation,       Officer Randy Shedd of
                the trafficker’s perception of how         the Washington, D.C.
                damaging a victim’s testimony may          Metropolitan Police identi-
                be, and the trafficker’s propensity to     fied a 17-year-old runaway
                use violence. You will need to work        child engaged in prostitu-
                with victims to address and plan for       tion. While speaking with
                their safety. In instances where the       the girl, Officer Shedd
                victim’s safety or health is at risk, it   noticed a man, whom he
                may be best to remove them from the        believed to be the girl’s
                situation immediately. If arrests are      pimp, drive by in a blue
                made, take care not to re-traumatize       Lincoln with New Jersey
                the victim. If no arrests are made,        tags. Placing a lookout on
                work to build a relationship so the        the vehicle, D.C. police
                victim will trust you or another           stopped the driver, Carlos
                officer in the future.                     Curtis, 27, within several
                                                           hours. Curtis was with a
                                                           26-year-old woman and a
                                                           12-year-old runaway child,
                                                           both of whom had been
Investigation




                                                           recruited for prostitution.
                                                           Curtis brought them from
                                                           New York to D.C., promis-
                                                           ing to provide shelter, food,
                                                           and clothing. Pornographic
                                                           photos of the woman and
                                                           girls were found in the
                                                           vehicle. Curtis was found
                                                           guilty of federal crimes of
                                                           sex trafficking of children,
                                                           transportation of a minor
                                                           for prostitution, transporta-
                                                           tion of a person for prosti-
                                                           tution, and possession of
                                                           child pornography. He was
                                                           sentenced to life in prison.


                14
Assistance for Victims
Social Services & Assistance:            Long-Term Immigration Issues:
Certification                            T & U Visas
To qualify for publicly funded and       The T visa is available for victims who
refugee-type services such as hous-      self-petition to stay in the U.S. for up
ing, food stamps, and health care, a     to four years if they can show they:
victim must be certified by Health       1. Have been a victim of a severe
and Human Services (HHS).                   form of trafficking (see page 2);
Certification occurs when a victim
                                         2. Have complied with reasonable
has either 1) been granted continued
                                            requests to assist in the investiga-
presence and is willing to assist law
                                            tion or prosecution of their case
enforcement or 2) filed for a T visa
                                            (or are not yet 18 years of age);
that has met qualifying specifications
(see below).                             3. Are physically present in the U.S.
                                            on account of trafficking; and
Social Services & Assistance:            4. Would suffer severe hardship if
Continued Presence                          repatriated
The most effective way to obtain         Those whose T visa applications have
immigration relief for trafficking       met the specific qualifications can
victims and stabilize them so they can   receive benefits through the HHS
help in your investigation is to work    certification process even before their
with your federal partners, who can      visa petition has been finalized. It
apply for “continued presence”, a        should be noted, however, that
form of temporary immigration relief     processing for the T visa takes time,
that enables a victim lacking legal      and there is no guarantee the victim
status to remain in the U.S. to assist   will be approved.
with prosecution. Continued presence     Under the law, local, state, and feder-
also enables the victim opportunities    al law enforcement officers can assist
for legal employment and refugee-        victims with their application for a T
type benefits. Continued presence is     visa by completing the I-914B form
usually granted for one year and may     as part of the victim’s application to
be renewed as long as there is an        the Department of Homeland
ongoing federal investigation or         Security. The form requests that you
prosecution. Victims may decide to       indicate the following:
apply for additional immigration
                                         1. Whether the individual is a victim
relief, either the T or U visa, during
                                            of a severe form of trafficking
                                                                                     Resources




the course of the investigation.
                                         2. Whether the victim complied with
                                            a reasonable request to assist in
                                            the investigation or prosecution


                                                                                15
            Form I-914B can be sent at any point         unlawful criminal restraint; false
            during the investigation. It does not        imprisonment; blackmail; murder;
            create a sponsorship relationship, nor       extortion; manslaughter; felonious
            are you responsible for future acts of       assault; witness tampering; perjury;
            the individual. The form is reviewed         or attempt, conspiracy, or
            by federal authorities, along with the       solicitation to commit any of
            victim’s application, in determining         the above crimes;
            whether to issue or deny the visa.         2. Have suffered severe physical or
            The form can be downloaded at                 mental abuse as a result, and
            http://www.uscis.gov/graphics/             3. Have been helpful, are being help-
            formsfee/forms/files/i914.pdf.                ful, or are likely to be helpful in
            The U visa is valid for up to four            the investigation or prosecution of
            years. It is not specific to trafficking      the criminal activity.
            cases, but is available to victims of a    While victims with a U visa can
            number of crimes, including traffick-      receive a work permit, they are not
            ing. It is available to immigrants who:    eligible for publicly-funded programs
            1. Are victims of a violation of feder-    for which T visa recipients are eligi-
               al, state, or local criminal laws       ble. You may submit a letter on
               against rape; torture; trafficking;     behalf of the victim that describes the
               incest; domestic violence; sexual       criteria above, along with a copy of
               assault; abusive sexual contact;        the police report, to assist the victim
               prostitution; sexual exploitation;      in filing for this specific visa.
               female genital mutilation; being        Both T and U visa recipients may
               held hostage; peonage; involuntary      eventually adjust to lawful perma-
               servitude; slave trade; kidnapping;     nent resident status and citizenship if
               obstruction of justice; abduction;      they qualify.
Resources




            16
Technical Assistance Resources
Below are a few of the many                        • U.S. Immigration and
organizations and resources that                     Customs Enforcement (ICE)
provide information and direction                    Victim-Witness Coordinator:
for law enforcement regarding                        There are over 300 ICE Victim-
human trafficking.                                   Witness Coordinators throughout
                                                     the U.S. who assist with victim
State and Federal Partners                           needs and services. They are
• Federal Bureau of                                  trained on the crime of human
  Investigation (FBI) Victim-                        trafficking. For a referral to your
  W i t n e s s C o o r d i n a t o r : Each FBI     local victim witness coordinator,
  field office has a victim-witness                  call the ICE toll free number
  coordinator who specializes in vic-                866-872-4973 during regular
  tim assistance at the investigative                business hours.
  stage. They can be reached
  through the headquarters victim-
  witness staff at 202-324-6360
  during regular business hours.
• U.S. Attorney Law
  Enforcement Community
  C o o r d i n a t o r ( L E C C ) : In each
  state, this individual can address
  the particular needs of your
  department and find the appropri-                National Hotlines
  ate agents, offices, and resources
                                                   • National Trafficking in
  within the federal government.
                                                     Persons and Worker
  The liaison is accessible through
                                                     Exploitation Task Force
  the local U.S. Attorney’s office.
                                                     C o m p l a i n t L i n e : This line can
• U.S. Attorney Victim-Witness                       provide immediate translation serv-
  C o o r d i n a t o r : The victim-witness         ices in over 150 languages. Law
  coordinator in your area is respon-                enforcement officers can also call
  sible for organizing victim and                    this number for assistance in deter-
  witness services with federal and                  mining if a case may be trafficking.
  local law enforcement officials.                   By providing information gathered
  They can obtain victim services in                 through victim interviews, the call
  multiple jurisdictions and can be                  taker will complete an assessment
                                                                                                 Resources




  helpful for providing services in                  or intake and connect you with
  rural and remote areas. The coor-                  federal law enforcement partners.
  dinator is accessible through the                  The hotline is open during normal
  local U.S. Attorney’s office.

                                                                                           17
               business hours. If all lines are busy,           • Coalition of Immokalee
               leave a message and your call will                 W o r k e r s : This Florida-based
               be returned within 24 hours. Call                  organization focuses on labor rights.
               888-428-7581 or visit www.usdoj.                   They have experience with victims
               gov/crt/crim/tpwetf.htm.                           of several large labor trafficking
            • Trafficking Information and                         cases. Call 239-657-8311 for
              R e f e r r a l H o t l i n e : Operated by         more information.
              the U.S. Department of Health and                 • F r e e t h e S l a v e s : Headquartered
              Human Services (HHS), this hotline                  in Washington, D.C., this agency
              can help you determine whether                      has offices and partnerships
              you may have a case of human                        around the world. Their mission is
              trafficking and can identify local                  to research the global phenomenon
              resources to assist victims. A dis-                 of trafficking and advocate against
              patcher will be there to answer                     slavery worldwide. To contact,
              your call 24/7. HHS has created                     call 202-638-1865 or visit
              a tool kit for police on human                      www.freetheslaves.net.
              trafficking. This tool kit includes               • T h e F r e e d o m N e t w o r k : This
              awareness posters, a brochure for                   member-based organization links
              victims, and tips for identifying                   groups providing services in every
              and interviewing potential victims.                 region of the U.S. to trafficking
              It can be ordered by phone or                       victims. To contact, email
              downloaded off their website. Call                  freedomnetworkupdates@
              888-373-7888 or visit                               yahoogroups.com or visit
              www.acf.hhs.gov/trafficking.                        www.freedomnetworkusa.org.

            Nonprofit Organizations                             • P o l a r i s P r o j e c t : Based in
                                                                  Washington, D.C., Polaris offers
            • Coalition to Abolish Slavery
                                                                  victim support services such as
              a n d T r a f f i c k i n g ( C A S T ) : Based
                                                                  shelter, legal advocacy, case man-
              in Los Angeles, CAST provides a
                                                                  agement, and interpretation. They
              variety of services for victims
                                                                  also provide training and technical
              including shelter, legal advocacy,
                                                                  assistance. Polaris compiles
              medical care, translation, and
                                                                  monthly action alerts on current
              counseling, as well as programs
                                                                  and pending state legislation
              and trainings for community
                                                                  which can be accessed by visiting
              members and law enforcement.
                                                                  www.polarisproject.org/polaris
              Call 213-365-1906 or visit
                                                                  project/programs_p3/State_p3.htm.
              www.castla.org for more
                                                                  Call 202-745-1001 for more
Resources




              information.
                                                                  information.




            18
• S a f e H o r i z o n : Based in New         • International Association of
  York, this agency supports victims             C h i e f s o f P o l i c e : This site pro-
  of all forms of violence by provid-            vides a link to the IACP Human
  ing a range of important services.             Trafficking roll-call training video
  Call 800-621-4673 for more                     and order forms for a hardcopy of
  information or visit                           this guidebook and video. The
  www.safehorizon.org/                           guidebook, in its entirety, is also
  page.php?page=trafficking                      available on the website in PDF
  &nav=se_trafficking.                           form for downloading. Guidelines
                                                 and model policies on several
Information                                      crimes of violence against women
• Bureau of Justice Assistance                   are also available for law enforce-
  T a s k F o r c e G r a n t s : This grant     ment. Call 1-800-The-IACP or visit
  program, designed especially to                www.theiacp.org/research/VAW
  support local law enforcement and              PoliceResponse.html.
  foster collaboration, made funds             • L a n g u a g e L i n e : This service pro-
  available to law enforcement agen-             vides 24/7 interpretation services
  cies to start human trafficking                in over 260 languages and dialects.
  task force in their communities. If            Please note this service is available
  a BJA task force has not already               per department at a cost; however,
  been established in your area, call            there are emergency service dis-
  800-616-6500 to determine when                 counts available. Call 800-528-5888
  additional opportunities for task              for more information or visit
  force funding will be announced.               www.languageline.com.
  Visit www.ojp.usdoj.gov/BJA.




      “When I started cooperating with law enforcement, everything
     they promised me was true. I felt comfortable; I believe in them;
      I trust them. So I decided to go, to cooperate, to speak out, to
        help others who are not able to speak out because of fear.”

             “Esperanza”, trafficking survivor, IACP 2006 video,
         The Crime of Human Trafficking: A Law Enforcement Guide.
                                                                                                Resources




                                                                                         19
            • Office for Victims of Crime                    • Office on Violence Against
              ( O V C ) : While this office provides           W o m e n ( O V W ) : This office
              information and direction to vic-                provides grants and technical
              tims of all forms of crime, they                 assistance for state and local law
              primarily fund state level agencies              enforcement to develop effective
              and programs designed to assist                  criminal justice responses to
              crime victims including those who                violent crimes committed against
              have been trafficked. For more                   women, including human traffick-
              information, visit www.ojp.                      ing. For more information, visit
              usdoj.gov/ovc/help/tip.htm.                      www.usdoj.gov/ovw/
                                                               index.html.


            i Newman, G. (2006). The Exploitation of Trafficked Women. Washington, D.C.: U.S.
              Department of Justice. p. 5.
            ii U.S. Department of State (2006). Trafficking in Persons Report. Washington, D.C.: U.S.
               Department of State. p. 6.
            iii Ibid.
Resources




            20
                        To order
   To order additional copies free of charge, please email
           the IACP at stopviolence@theiacp.org.

The guidebook, as well as the accompanying roll-call training
   video, may also be accessed through the IACP website
   (www.theiacp.org/research/VAWPoliceResponse.html).

       This IACP guidebook may be freely reproduced.
International Association
    of Chiefs of Police
515 North Washington Street
 Alexandria, VA 22314-2357




        "Neither slavery nor involuntary servitude, except as
       punishment for crime whereof the party shall have been
         duly convicted, shall exist within the United States,
              or any place subject to their jurisdiction."

     13th Amendment to the U.S. Constitution, December 6, 1865

								
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