Tips for Law Enforcement to Identify and Interact with Victims of Human Trafficking

Victims of human trafficking are vulnerable human beings who have been subjected to severe physical and emotional coercion. Most have been “taught” to distrust law enforcement, so victims of human trafficking need to be reassured that once they come in contact with law enforcement officers, they will be protected and safe.

Following are some things law enforcement officers should consider when dealing with victims of trafficking. Being aware of these items will help promote a cooperative relationship, helping law enforcement to gain the assistance of victims in the investigation and prosecution of traffickers.

• Human trafficking is a devastating human rights violation that takes place not only internationally, but also here in the United States. As a law enforcement officer, you play an important role in identifying and helping trafficking victims. While trafficking is largely a hidden social problem, trafficking victims are in plain sight if you know what to look for.

 

• Trafficking is not just forced prostitution. Victims of human trafficking may also be in forced labor situations as domestic servants (nannies or maids); sweatshop workers; janitors; restaurant workers; migrant farm workers; fishery workers; hotel or tourist industry workers; and as beggars.

• A person who is trafficked may look like many of the people you see daily, but asking the right questions and looking for small clues will help you identify those people who have been forced or coerced into a life of sexual exploitation or forced labor. Look for the following clues:
• Evidence of being controlled
• Evidence of an inability to move or leave job
• Bruises or other signs of battering
• Fear or depression
• Non-English speaking
• Recently brought to this country from Eastern Europe, Asia, Latin America, Canada, Africa or India
• Lack of passport, immigration or identification documentation

• There are four areas of general victim needs:
• Immediate assistance (housing, food, medical, safety and security)
• Mental health assistance (counseling)
• Income assistance (cash)
• Legal status (certification, immigration)

• Take into consideration a victim’s cultural and social background as these traits will impact the way victims should be managed as witnesses, as well as the way the investigation of their cases are carried out. If possible, you should work with a culturally and linguistically competent interpreter when a victim demonstrates any of the above-mentioned characteristics. Ideally, this person could serve as a language interpreter and be able to interpret the cultural values and unique behaviors that are characteristic of the victim’s national and ethnic background.

 

• Effective communication is essential in gaining trust of victims as well as defining their immediate needs. Effective witness management extends into the courtroom when the time comes to present testimony and evidence to a jury.

• Screen interpreters to ensure they do not know the victim or the traffickers and do not otherwise have a conflict of interest.

• A successful investigation and prosecution of a human trafficking case is victim-centered. This requires lending support to traumatized and confused victims before you can gain their confidence.

• Once victims of human trafficking are rescued from the traffickers, they generally will be incapable of finding outside support due to the isolation they have suffered while in captivity. This especially impacts you as law enforcement officers because it can place you in the initial position of having to arrange for such support.

Victims of human trafficking in the U.S. who are non-citizens may be eligible to receive special visas and to receive benefits and services through the Trafficking Victims Protection Act (TVPA) to the same extent as refugees. Victims who are U.S. citizens are already eligible to receive many of these benefits.

Tips for Health Care Practitioners to Identify Victims of Human Trafficking

Identifying and Interacting With Victims of Human Trafficking

As a health care practitioner, you may have treated victims of human trafficking without realizing their circumstances, and therefore, have lost a chance to help them escape a horrific situation. The following provides a brief overview of the trafficking problem, as well as tips for identifying and assisting trafficking victims:

• Human trafficking is a form of modern-day slavery, widespread throughout the United States. While trafficking is largely a hidden social problem, many trafficking victims are in plain sight if you know what to look for. 
• Trafficking is not just forced prostitution. Victims of human trafficking may also be in forced labor situations as domestic servants (nannies or maids); sweatshop workers; janitors; restaurant workers; migrant farm workers; fishery workers; hotel or tourist industry workers; and as beggars. 
• As a frontline health provider, you can help victims of human trafficking since you may be the only outsider with the opportunity to speak with a victim. There are housing, health, immigration, food, income, employment and legal services available to victims, but first they must be found.

Victim Identification

• A victim of trafficking may look like many of the people you help every day. You can help trafficking victims get the assistance they need by looking beneath the surface for the following clues:
• Evidence of being controlled
• Evidence of an inability to move or leave job
• Bruises or other signs of battering
• Fear or depression
• Non-English speaking
• Recently brought to this country from Eastern Europe, Asia, Latin America, Canada, Africa or India
• Lack of passport, immigration or identification documentation
• Traffickers use various techniques to keep victims enslaved. Some Traffickers keep their victims under lock and key. However, the more frequent practice is to use less obvious techniques including:
• Debt bondage – financial obligations, honor-bound to satisfy debt
• Isolation from the public – limiting contact with outsiders and making sure that any contact is monitored or superficial in nature
• Isolation from family members and members of their ethnic and religious community
• Confiscation of passports, visas and/or identification documents
• Use or threat of violence toward victims and/or families of victims
• The threat of shaming victims by exposing circumstances to family
• Telling victims they will be imprisoned or deported for immigration violations if they contact authorities
• Control of the victims’ money, e.g., holding their money for “safe-keeping”

The result of such techniques is to instill fear in victims. The victims’ isolation is further exacerbated because many do not speak English and are from countries where law enforcement is corrupt and feared.

Victim Interaction

• Asking the right questions may help you determine if someone is a victim of human trafficking. It is important to talk to a potential victim in a safe and confidential environment. If the victim is accompanied by someone who seems controlling, you should try to separate the victim from that person. The accompanying person could be the trafficker or someone working for the trafficker. 
• Ideally, you should also enlist the help of a staff member who speaks the patient’s language and understands the patient’s culture. As an alternative, you can enlist interpreter services such as those provided by the ATT Language Line. If your patient is a child, it is important to enlist the help of a social services specialist who is skilled in interviewing minor trafficking or abuse victims. 
• Screen interpreters to ensure they do not know the victim or the traffickers and do not otherwise have a conflict of interest.

Victim Assistance

·         If you think you have come in contact with a victim of human trafficking, call the National Human Trafficking Resource Center at 1-800-373-7888. This hotline will help you determine if you have encountered victims of human trafficking, will identify local resources available in your community to help victims, and will help you coordinate with local social service organizations to help protect and serve victims so they can begin the process of restoring their lives.

• If you think you have encountered a victim of human trafficking, it is important for you to collaborate among key service providers, including the Department of Health and Human Services, law enforcement and others at the local, state and Federal levels, to help the victim get the protection and services they need. Calling the Trafficking Information and Referral Hotline will provide important guidance to you on enlisting these support services.
• Under the Trafficking Victims Protection Act of 2000 (TVPA), victims of human trafficking in the U.S. who are non-citizens may be eligible for a special visa and comprehensive benefits and services. Victims who are U.S. citizens are already eligible to receive many of these benefits.

"T" Nonimmigrant Status for Victims of Human Trafficking

Background

In October 2000, Congress created the “T” nonimmigrant status by passing the Victims of Trafficking and Violence Protection Act (VTVPA). The legislation strengthens the ability of law enforcement agencies to investigate and prosecute human trafficking, and also offer protection to victims.

Human trafficking, also known as trafficking in persons, is a form of modern-day slavery in which traffickers lure individuals with false promises of employment and a better life. Traffickers often take advantage of poor, unemployed individuals who lack access to social services. The T Nonimmigrant Status (T visa) is a set aside for those who are or have been victims of human trafficking, protects victims of human trafficking and allows victims to remain in the United States to assist in an investigation or prosecution of human trafficking.

T Nonimmigrant Eligibility

You may be eligible for a T visa if you:

               Are or were a victim of trafficking, as defined by law

               Are in the United States, American Samoa, the Commonwealth of the Northern Mariana Islands, or at a port of entry due to trafficking·

               Comply with any reasonable request from a law enforcement agency for assistance in the investigation or prosecution of human trafficking (or you are under the age of 18, or you are unable to cooperate due to physical or psychological trauma)

               Demonstrate that you would suffer extreme hardship involving unusual and severe harm if you were removed from the United States

               Are admissible to the United States. If not admissible, you may apply for a waiver on a Form I-192, Application for Advance Permission to Enter as a Non-Immigrant.

Applying for T Nonimmigrant Status

To apply for a T visa, submit:

               Form I-914, Application for T Nonimmigrant Status

               Three passport size photographs

               A personal statement explaining how you were a victim of trafficking (on the Form I-914)

               Evidence to show you the meet eligibility requirements

Note: You are strongly encouraged to submit Form I-914, Supplement B, Declaration of Law Enforcement Officer for Victim of Trafficking in Persons, to show law enforcement agency support. Form I-914, Supplement B serves as primary evidence that you are a victim of trafficking and that you have complied with reasonable requests from law enforcement.

Filing for Qualifying Family Members

Certain qualifying family members are eligible for a derivative T visa.

If you are....	Then...
Under 21 years of age	You may apply on behalf of your spouse, children, parents and unmarried siblings under age 18.
21 years of age or older	You may apply on behalf of your spouse and children.

To apply for a qualified family member, you must file a Form I-914, Supplement A, Application for Immediate Family Member of T-1 Recipient, at the same time as your application or at a later time.

Resources

USCIS offers resources for victims of human trafficking and other crimes and the organizations that serve them. This information is designed to help answer any questions you or your family might have about obtaining T or U Nonimmigrant status.

Trafficking Victims Protection Act of 2000

TRAFFICKING VICTIMS PROTECTION ACT OF 2000

In October 2000, the Trafficking Victims Protection Act of 2000 (TVPA) (Public Law 106-386) was enacted. Prior to that, no comprehensive Federal law existed to protect victims of trafficking or to prosecute their traffickers.

Human trafficking is increasingly committed by organized, sophisticated criminal groups, and is the fastest growing source of profits for organized criminal enterprises worldwide. Profits from the trafficking industry contribute to the expansion of organized crime in the U.S. and worldwide.

TVPA Goals

• Prevent human trafficking overseas
• Protect victims and help them rebuild their lives in the U.S. with Federal and state support
• Prosecute traffickers of persons under stiff Federal penalties

Prevention, Protection and Prosecution
The law is comprehensive in addressing the various ways of combating trafficking, including prevention, protection and prosecution. The prevention measures include the authorization of educational and public awareness programs.

Protection and assistance for victims of trafficking under the law include making housing, educational, health care, job training and other Federally-funded social service programs available to assist victims in rebuilding their lives. The law also established the T visa, which allows victims of trafficking to become temporary residents of the U.S. The TVPA authorizes up to 5,000 victims of trafficking each year to receive permanent residence status after three years from issuance of their temporary residency visas. The T visa signifies a shift in the immigration law policy, which previously resulted in many victims being deported as illegal aliens. The law also makes victims of trafficking eligible for the Witness Protection Program.

The law makes victims of trafficking eligible for benefits and services under Federal or state programs once they become certified by the U.S. Department of Health and Human Services (HHS). Adult trafficking victims must be certified as a pre-condition for their eligibility for benefits and services. Once certified, they will be eligible to apply for benefits and services under any Federal or state funded programs, to the same extent as refugees including refugee cash, medical assistance and social services. Victims under the age of 18 do not need to be certified. HHS issues these victims letters of eligibility so that providers know these victims are eligible for services and benefits.

Victims of human trafficking who are non-U.S. citizens are eligible to receive benefits and services through the TVPA to the same extent as refugees. Victims who are U.S. citizens do not need to be certified by HHS to receive benefits; as U.S. citizens, they are eligible for many benefits.

The TVPA also created new law enforcement tools to strengthen the prosecution and punishment of traffickers, making human trafficking a Federal crime with severe penalties.

For example, if a trafficking crime results in death or if the crime includes kidnapping, an attempted kidnapping, aggravated sexual abuse, attempted aggravated sexual abuse, or an attempt to kill, the trafficker could be sentenced to life in prison. Traffickers who exploit children (under the age of 14) using force, fraud or coercion, for the purpose of sex trafficking (a commercial sex act) can be imprisoned for life. If the victim was a child between the age of 14 and 18 and the sex trafficking did not involve force, fraud or coercion, the trafficker could receive up to 20 years in prison.

Moreover, the law addresses the subtle means of coercion used by traffickers to bind their victims in to servitude, including: psychological coercion, trickery, and the seizure of documents, activities which were difficult to prosecute under preexisting involuntary servitude statutes and case law.

Trafficking Victims Protection Reauthorization Act of 2003
In 2003, the Bush Administration authorized more than $200 million to combat human trafficking through the Trafficking Victims Protection Reauthorization Act of 2003 (TVPRA). TVPRA renews the U.S. government's commitment to identify and assist victims exploited through labor and sex trafficking in the United States.

The TVPRA provides resources and initiatives to assist the 18,000 - 20,000 victims of human trafficking who are trafficked into the United States every year. It augments the legal tools which can be used against traffickers by empowering victims to bring Federal civil suits against traffickers for actual and punitive damages, and by including sex trafficking and forced labor as offenses under the Racketeering Influenced and Corrupt Organization statute. It also encourages the nation's 21,000 state and local law enforcement agencies to participate in the detection and investigation of human trafficking cases. The U.S. Department of Health and Human Services has a significant role in implementing the law's victim-centered, compassionate approach to finding and aiding the victims of this modern-day slave trade.

If you think you have come in contact with a victim of human trafficking, call the National Human Trafficking Resource Center at 1.888.3737.888. This hotline will help you determine if you have encountered victims of human trafficking, will identify local resources available in your community to help victims, and will help you coordinate with local social service organizations to help protect and serve victims so they can begin the process of restoring their lives.

Human Trafficking: The Facts

What does the human trafficking of children look like in the United States?

Across the globe, traffickers buy and sell children, exploiting them for sex and forced labor, and moving them across international borders. Child victims are trafficked into the United States from Africa, Asia, Central and South America, and Eastern Europe. In the United States, children are subjected to human trafficking in many different sectors. Examples include prostitution on the streets or in a private residence, club, hotel, spa, or massage parlor; online commercial sexual exploitation; exotic dancing/stripping; agricultural, factory, or meatpacking work; construction; domestic labor in a home; restaurant/bar work; illegal drug trade; door-to-door sales, street peddling, or begging; or hair, nail, and beauty salons. Family members, acquaintances, pimps, employers, smugglers, and strangers all traffic children. They often prey upon the children’s vulnerabilities – their hopes for an education, a job, or a better life in another country – and may use psychological intimidation or violence to control the children and gain financial benefits from their exploitation. Trafficked children may show signs of shame or disorientation; be hungry and malnourished; experience traumatic bonding (Stockholm syndrome) and fear government officials, such as police and immigration officers.

What is the definition of human trafficking under U.S. federal law?

The Trafficking Victims Protection Act of 2000 (TVPA) defines “severe forms of human trafficking” as:

The recruitment, harboring, transportation, provision, or obtaining of a person for

• sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age; or
• labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

Coercion includes threats of physical or psychological harm to children and/or their families. Any child (under the age of 18) engaged in commercial sex is a victim of trafficking.

How do I report human trafficking?

If a child is in urgent need of assistance, contact law enforcement or child protective services to report abuse, neglect, or exploitation of a child. The Childhelp® National Child Abuse Hotline professional crisis counselors can connect a caller with a local number to report abuse. Contact Childhelp at 1.800.4.A.CHILD. (1.800.422.4453).

The National Center for Missing & Exploited Children® (NCMEC) aims to prevent child abduction and sexual exploitation; help find missing children; and assist victims of child abduction and sexual exploitation, their families, and the professionals who serve them. Contact NCMEC at 1.800.THE.LOST (1.800.843.5678).

The HHS-funded National Human Trafficking Resource Center (NHTRC) operates a hotline 24 hours a day, every day. The NHTRC will help callers identify and coordinate with local organizations that protect and serve victims of trafficking. Contact the NHTRC at 1.888.3737.888.

What are my reporting responsibilities if I am a government official?

The TVPA, as amended, requires Federal, State, or local officials to notify HHS within 24 hours of discovering a child who may be a foreign victim of trafficking, to facilitate the provision of assistance.Federal, State, or local officials should notify a Child Protection Specialist in the HHS Office of Refugee Resettlement (ORR) at ChildTrafficking@acf.hhs.gov or call202.205.4582. An HHS/ORR Child Protection Specialist will respond to notifications to facilitate eligibility for assistance and provide technical assistance as appropriate.

How do I obtain assistance for a foreign child victim of human trafficking?

To become eligible for federally-funded benefits and services that would not be available to a child without a legal immigration status, a child victim must have an Eligibility Letter or an Interim Assistance Letter from HHS/ORR. An individual may request these letters from HHS/ORR on behalf of a child when credible information indicates the child may be a victim of trafficking. Submission of a Request for Assistance for Child Victims of Human Trafficking form can facilitate a determination of the child’s eligibility for assistance. Obtain a form at www.acf.hhs.gov/trafficking. Submit requests by e-mail to ChildTrafficking@acf.hhs.gov or by fax to 202.401.5487.An HHS/ORR Child Protection Specialist will respond to requests and may be reached by phone at 202.205.4582.

HHS/ORR issues an Eligibility Letter to assist a foreign child trafficking victim to become eligible for benefits and services without regard to the child’s immigration status. HHS/ORR issues an Interim Assistance Letter to a foreign child who may have been subjected to trafficking to make the child eligible to receive benefits and services for a 90-day period. After issuing an Interim Assistance Letter, HHS/ORR will consult with the U.S. Departments of Justice and Homeland Security, and nongovernmental organizations with expertise in trafficking before determining the child’s continued eligibility as a victim of trafficking. Children are not required to cooperate with law enforcement or to have been granted Continued Presence or a T nonimmigrant visa by the U.S. Department of Homeland Security to receive assistance.

Who provides care for unaccompanied or separated child victims of trafficking?

A child victim of trafficking with an Eligibility Letter who has no available parent or legal guardian in the United States is eligible for ORR’s Unaccompanied Refugee Minors (URM) program. Children are placed in licensed foster homes or other care settings according to individual needs. An appropriate court awards legal responsibility to the State, county, or private agency providing services, to act in place of the child’s unavailable parents. Children in the URM program receive the full range of services available to other foster children in the State, as well as special services to help them adapt to life in the United States and recover from their trafficking experience. Safe reunification with parents or other appropriate relatives is encouraged. To access the URM program for a child victim of trafficking, call an HHS/ORR Child Protection Specialist at 202.205.4582.

What assistance is available to child victims of human trafficking?

Victims of trafficking who meet State eligibility requirements may access medical screenings, Temporary Assistance for Needy Families (TANF), Medicaid, State Children’s Health Insurance Programs (SCHIP), Substance Abuse and Mental Health Services Administration (SAMHSA) Programs, Supplemental Nutrition Assistance Program (SNAP), Special Supplemental Nutrition Program for Women, Infants, and Children (WIC), and public housing programs.