Major Federal Anti-Trafficking Law Passed, December 10, 2008
The Trafficking Victims Protection Act (TVPA), which first became law in 2000, represents the first major comprehensive U.S. legislative effort to address modern-day slavery. Congress recently passed new legislation with important provisions and amendments that strengthen the U.S. government’s efforts to combat human trafficking in the United States and abroad.
It is called the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008. These are the main issues it addresses:
- New Conspiracy Statue
- Expanded Criminalization of Benefiting Financially from Trafficking
- Clarification of Forced Labor Statute
- Expanded Crime of Sex Trafficking by Force, Fraud or Coercion
- Expanded Crime of Sex Trafficking of Minors
- Definition of Key Aspects of Coercion
- Expanded Authority for Detention
- New Crimes of Obstructing Human Trafficking Enforcement
- Extra-Territorial Jurisdiction
- New Fraud in Labor Contracting Crime
- Federal Database
- Extension of Family Protections
- Outreach Materials
- Services for US Citizens Who Have Been Trafficked
- Unaccompanied Children
- Minor victims of Trafficking
Many human trafficking agencies played a role in ensuring these changes took place. Agencies worked closely with legislators and in coalition with anti-trafficking and advocacy organizations to create stronger tools to address both forced labor and sex trafficking in the U.S. and throughout the world. They raised public awareness about the need for strong federal anti-trafficking legislation and mobilized individuals across the country to urge their Senators and Representatives to pass a strong bill.
To read more about the Bill, go to The Library of Congress website and search for bill number HR 7311. The website is: http://thomas.loc.gov/
The first comprehensive law to make modern day slavery illegal and protect the victim was established in 2000. The following information will help you understand the Trafficking Victims Protection Act (TVPA) of 2000, and the 2 revisions that took place in 2003 and 2005. It is from a Polaris Project Publication: http://www.polarisproject.org/images/docs/newest%20tvpa%20fact%20sheet%20july%202008.pdf
The Trafficking Victims Protection Act (TVPA) of 2000 created the first comprehensive federal law to address trafficking, with a significant focus on the international dimension of the problem. The law provided a three-pronged approach: prevention through public awareness programs overseas and a State Department-led monitoring and sanctions program; protection through a new T Visa and services for foreign national victims; and prosecution through new federal crimes. The TVPA was reauthorized through the Trafficking Victims Protection Reauthorization Act (TVPRA) of 2003, and the TVPRA of 2005, which included greater protections for U.S. citizen victims. The bill for a third reauthorization of the TVPA is currently before Congress.
KEY PROVISIONS OF TVPA OF 2000
Prevention
. Creates an Office to Monitor and Combat Trafficking within the State Department, which is required to report on and rank countries’ efforts to combat trafficking. The President may impose sanctions on countries that are neither in compliance with minimum standards for the elimination of trafficking nor are making significant efforts to do so.
. Creates public awareness and information programs, and international economic development programs to assist potential victims.
. Creates a federal task force to assist in the implementation of the TVPA.
Protection
. Gives protection and assistance to certain foreign national victims of trafficking, by making them eligible for the Federal Witness Protection Program and other federal and state benefits to the same extent as refugees. Benefits include educational, health care, job training and other social service programs.
. Establishes the T Visa, which allows victims of trafficking to become temporary U.S. residents, through which they may become eligible for permanent residency after three years. Certain immediate family members are also eligible. The T Visa is extended to: 1) victims of “severe forms of trafficking;” 2) that are physically present in the U.S. on account of trafficking; 3) who have complied with any reasonable requests for assistance in the investigation and prosecution of trafficking crimes; and 4) who would otherwise suffer extreme hardship. Note: Minors do not have to meet the third criterion.
Prosecution
. Makes human trafficking a federal crime with severe penalties.
. Creates new crimes of forced labor; trafficking with respect to peonage, slavery, involuntary servitude, or forced labor; sex trafficking by force, fraud or coercion; or sex trafficking of children; and unlawful conduct with respect to documents in furtherance of trafficking. (18 U.S.C. §§ 1589-1592). Attempts to engage in these acts are also criminalized.
. Mandates that restitution be paid to victims (18 U.S.C. § 1593).
KEY PROVISIONS OF TVPRA OF 2003
. Authorizes more than $200 million over two years to combat human trafficking.
. Requires the U.S. government to terminate contracts with overseas contractors who engage in sex trafficking or commercial sex, or who use forced labor.
. Creates a federal civil cause of action for trafficking victims to sue their traffickers.
. Allows state and local law enforcement officials to assist in identifying trafficking victims for immigration purposes, who may then become eligible for federal social benefits. The TVPRA of 2003 extends benefits to additional family members of the trafficking victim.
KEY PROVISIONS OF TVPRA OF 2005
. Authorizes more than $300 million over two years to combat human trafficking.
. Authorizes new programs to serve U.S. citizen victims of domestic trafficking, including a pilot program for sheltering minors.
