Legal Trends in Combating Human Trafficking
Judge Gayle Williams-Byers (Ret.)
Judicial Fellow
National Judicial College
June 1, 2023
P
UTTING
THE
B
RAKES
ON
H
UMAN
T
RAFFICKING
:
L
EGAL
T
RENDS
AND
U
PDATES
Learning Objectives
After this webcast, you will be better able to:
Identify and define
forms of human
trafficking;
Understand
and apply
human trafficking
laws and penalties relative to CDL holders,
and,
Recognize
human trafficking indicators.
W
h
e
r
e
a
r
e
y
o
u
f
r
o
m
?
Defining the Problem
Human Trafficking Affects Everyone
https://www.youtube.com/watch?v=35uM5VMrZas
Form of modern-day slavery that
involves the exploitation of persons for
commercial sex
or
forced labor
Often involves crossing an international
border but
does not require movement
Traffickers use
force
,
fraud
, or
coercion
to control their victims
H
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m
a
n
T
r
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f
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k
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W
o
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l
d
w
i
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e
Yields an estimated
$
150
billion
in
profits each year
worldwide
An estimated
$9 – $12 billion
earned
in the United States
(more money
than
Microsoft
or
Apple
earn
annually)
H
u
m
a
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T
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f
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:
A
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r
a
t
i
v
e
B
u
s
i
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e
s
s
Human Trafficking is second only
to this illegal organized crime for
being the most lucrative
A.
Cyber Crimes
B.
Drug Trafficking
C.
Illegal Gambling
G
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e
s
s
t
h
e
C
o
m
p
e
t
i
t
o
r
After drug trafficking
, human
trafficking is the most lucrative
business for organized crime
Unlike drugs, humans can and are
often
resold
again and again
H
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The Seven Myths of Human
Trafficking
This Photo
by Unknown Author is licensed under
CC BY-NC-ND
Myth #1: Human Trafficking Does Not
Happen In The United States
Fact:
Human
Trafficking exists
in every country,
including the U.S.
It is nationwide, in
cities, suburbs
and rural towns.
No place is
exempt.
Myth #2: Human Trafficking Victims are
either Foreign Born or Poor People
Fact: Human
Trafficking
victims can
range in age,
race, gender,
nationality or
socioeconomic
group.
This Photo
by Unknown Author is licensed under
CC BY-SA-NC
Myth #3: Human Trafficking is only
Sex Trafficking
Fact:
Human Trafficking
encompasses both sex
and labor trafficking
which involves the
exploitation of people.
Victims can be found in
industries such as
sweatshops, massage
parlors, hotels,
agriculture, restaurants,
hotels and domestic
service.
This Photo
by Unknown Author is licensed under
CC BY-SA
Myth #4: People must be forced or coerced into commercial
sex acts to be considered victims of Human Trafficking
Fact:
Under
federal law, any
minor under the
age of 18 who is
induced to perform
commercial sex is
a victim of human
trafficking
This Photo
by Unknown Author is licensed under
CC BY-SA-NC
Myth #5: Human Trafficking and
Human Smuggling are the Same
Fact:
These are not the
same. “Trafficking” is
based on exploitation
and does not require
movement across
borders. Smuggling
involves movement of a
person across a
country’s borders with
that person’s consent in
violation of immigration
laws.
This Photo
by Unknown Author is licensed under
CC BY-SA-NC
Myth #6: Human Trafficking Victims
Will Try to Get Help When in Public
Fact: Victims are
not likely to seek
help when in public
for fear of harm to
themselves or their
family. Also, they
may no longer be in
possession of their
identification
documents.
This Photo
by Unknown Author is licensed under
CC BY-SA-NC
Myth #7: Human Trafficking “Pimps”
are easily recognizable
Fact: Human
Trafficking ”pimps”
do not fit the
”traditional” profile.
They range from
housewives and
truck drivers to
pastors and
professionals.
This Photo
by Unknown Author is licensed under
CC BY-NC-ND
The Modern-day “Pimp” Looks Like
This……
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U.S. age of entry
into prostitution
is often
13-15
years old
Children are
being
groomed
into prostitution
An estimated
100,000+
victims
annually
Many resort to “
survival sex
”
Often have history of involvement in
state
delinquenc
y and
dependency
systems
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.
What are some of the most common
online
sites
and
domestic locations
used for
recruiting trafficking victims?
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Among The Winners Are……
Online Websites
Kik
Meetme
Domestic Locations
Schools
Group homes
Foster Care
Shopping Malls
Bus Stops
2
0
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2
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Chicago native Alex Campbell convicted on
January 30, 2012 on
sex trafficking
and
labor
trafficking
charges
Operated three massage parlors in
suburban
Chicago
Used the internet and scoured the streets to
identify
primarily foreign young women
with
illegal immigration status to traffic in labor and
sex
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(
C
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)
Investigation began
when one victim
contacted ICE after
attempting to “buy”
her way out of his control
Victim was told it would
cost
her more
than
$30,000
to leave “The Family”
More than 20
victims in total were
identi
fied – several were forced to “advertise”
on
Craigslist “personals”
for “appointments"
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Governed by
”The
Pimp’s Bible” –
given
life sentence
in 2013
Judge cited the brutality
of the exploitation and
lifelong scars
victims
will bear
C
a
m
p
b
e
l
l
C
a
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e
Not a new crime, but laws regulating it
are relatively new
2000 Congress passed the Traffic
Victims Protection Act (TVPA)
•
first piece of legislation that made
human trafficking a federal crime
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TVPA of 2000 Breaks Human
Trafficking into 3 Primary Elements
Actions/Means/Purpose
•
The combination of these are
necessary to prove the offense and
thus secure a conviction for the crime
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Y
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!
•
Anyone under the age of 18 is not
required to prove force, fraud or
coercion
•
There is no such thing as a ”child
prostitute” and child labor laws are
strictly enforced in the U.S. therefore
they are prima facie child victims.
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U
n
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S
t
a
t
e
s
Location of potential human trafficking cases reported to the National Human
Trafficking Center (updated July 30, 2020)
Referred to as “The Act”
•
Revised the list of offenses eligible for
permanent disqualification of a CDL for
certain offenses to include a conviction
for Human Trafficking in a CMV.
This is a
lifetime
disqualification/suspension with the
CDL holder ineligible for
reinstatement.
N
o
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O
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a
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s
A
c
t
Lifetime Disqualification for CDL Holders:
•
The amendment to include Human
Trafficking as a lifetime disqualifying
offense was a rule
expansion
.
CDL holders are aware of
additional lifetime disqualifying
events/offenses at the time of
licensure.
N
o
H
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O
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O
u
r
R
o
a
d
s
A
c
t
Rule intended to be a deterrent:
•
Human Trafficking (especially sex trafficking)
is considered to be particularly prevalent at
commercially and State operated truck
stops.
Locations are often remote where
trafficking can go undetected.
CMV drivers have the ability to both
identify and assist in thwarting trafficking
behavior by alerting law enforcement to
suspicious behavior at these locations.
N
o
H
u
m
a
n
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k
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g
O
n
O
u
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R
o
a
d
s
A
c
t
National Compliance
•
States are required to come into substantial
compliance with this new rule (requiring
Human Trafficking convictions to be a lifetime
disqualifying offense for CDL holders) “as
soon as practicable”
But no later than three (3) years from the
effective date of the final rule (i.e.
September 23, 2019
Because Human Trafficking is so
pervasive, most States are obliged to
comply.
N
o
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O
n
O
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a
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s
A
c
t
No
No
Maybe
Maybe
I don’t know
Has your State substantially complied
with adopting this new rule?
Yes
Yes
Why Compliance Works:
Sorenson and Hodza
Truckers Take on Human Trafficking
Jan. 2015, Kevin
Kimmell taking break at
VA truck stop
Noticed RV, rocking with
blackened curtains
ALERT:
face of young
woman, jerked away
Action:
called police
Meet Kevin Kimmell
….
https://www.youtube.co
m/watch?v=CjUnjBmvyI
0
Signs of malnutrition, psychological
and/or physical abuse
Appearance is unkempt, body odor and
wearing the same clothing
(unlaundered)
Has few or no personal belongings
(particularly identification.)
Rarely allowed to travel alone; is often
accompanied by someone or is dropped
off and picked up.
Human Trafficking: Indicators
Do you keep your own money?
Does your family know where you are or
how to contact you? When was the last
time you saw them?
Are you or have you been physically
abused?
Has anyone threatened you or your
family? What are the threats?
Human Trafficking: What to Ask
While traveling with your family on vacation, you stop at a
rest area. While in the restroom, you see a shaking young
woman at the sink. She has a black eye, bodily bruising
and is gaunt. On your way out, a man yells into the
bathroom, “hurry up so you can get back to work!” What do
you do?
D
i
s
c
u
s
s
i
o
n
T
a
b
l
e
Alert a store manager or clerk (many are
trained in how to respond)
Contact law enforcement directly and
report suspected trafficking
Collect the make, model, color and
license plate of the vehicle
DO NOT ATTEMPT
a personal rescue
or intervention. This can pose a risk of
danger to yourself or the victim.
Human Trafficking: What to Do
PTSD symptoms:
•
Nightmares & flashbacks
•
Unexplained mood swings
•
Anxiety & depression
•
Dissociation
•
Hypervigilance
•
Distorted sense of “normal”
I
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p
a
c
t
:
T
r
a
u
m
a
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f
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c
k
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n
g
Victim may not self identify as victim
May
“block out”
painful memories
Victim’s story may change over time
Victim may
try to protect his/her
trafficker
or refuse to testify against
them
T
r
a
f
f
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c
k
i
n
g
V
i
c
t
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m
s
i
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C
o
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N
a
t
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o
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a
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T
r
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f
i
c
k
i
n
g
H
o
t
l
i
n
e
1-888-373-7888
Or any of these government or government-affiliated
sites:
www.justice.gov
OJJDP.OJP.gov
DHS.gov
Polarisproject.org
R
e
s
o
u
r
c
e
s
T
h
a
n
k
Y
o
u
!
Explore legal updates & penalties in tackling human trafficking including identifying forms & indicators. Enhance understanding of this crucial issue.
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Presentation Transcript
PUTTING THE BRAKES ON HUMAN TRAFFICKING: LEGAL TRENDS AND UPDATES Judge Gayle Williams-Byers (Ret.) Judicial Fellow National Judicial College June 1, 2023
Learning Objectives After this webcast, you will be better able to: Identify and define forms of human trafficking; Understand and apply human trafficking laws and penalties relative to CDL holders, and, Recognize human trafficking indicators.
Defining the Problem Human Trafficking Affects Everyone https://www.youtube.com/watch?v=35uM5VMrZas
Human Trafficking In a Nutshell Form of modern-day slavery that involves the exploitation of persons for commercial sex or forced labor Often involves crossing an international border but does not require movement Traffickers use force, fraud, or coercion to control their victims
Women Make Up 70% of Trafficked Victims Worldwide
Human Trafficking: A Lucrative Business Yields an estimated $150 billion in profits each year worldwide An estimated $9 $12 billion earned in the United States (more money than Microsoft or Apple earn annually)
Guess the Competitor Human Trafficking is second only to this illegal organized crime for being the most lucrative A. Cyber Crimes B. Drug Trafficking C. Illegal Gambling
Human Trafficking as an Organized Crime After drug trafficking, human trafficking is the most lucrative business for organized crime Unlike drugs, humans can and are often resold again and again
The Seven Myths of Human Trafficking This Photo by Unknown Author is licensed under CC BY-NC-ND
Myth #1: Human Trafficking Does Not Happen In The United States Fact: Human Trafficking exists in every country, including the U.S. It is nationwide, in cities, suburbs and rural towns. No place is exempt.
Myth #2: Human Trafficking Victims are either Foreign Born or Poor People Fact: Human Trafficking victims can range in age, race, gender, nationality or socioeconomic group. This Photo by Unknown Author is licensed under CC BY-SA-NC
Myth #3: Human Trafficking is only Sex Trafficking Fact: Human Trafficking encompasses both sex and labor trafficking which involves the exploitation of people. Victims can be found in industries such as sweatshops, massage parlors, hotels, agriculture, restaurants, hotels and domestic service. This Photo by Unknown Author is licensed under CC BY-SA
Myth #4: People must be forced or coerced into commercial sex acts to be considered victims of Human Trafficking Fact: Under federal law, any minor under the age of 18 who is induced to perform commercial sex is a victim of human trafficking This Photo by Unknown Author is licensed under CC BY-SA-NC
Myth #5: Human Trafficking and Human Smuggling are the Same Fact: These are not the same. Trafficking is based on exploitation and does not require movement across borders. Smuggling involves movement of a person across a country s borders with that person s consent in violation of immigration laws. This Photo by Unknown Author is licensed under CC BY-SA-NC
Myth #6: Human Trafficking Victims Will Try to Get Help When in Public Fact: Victims are not likely to seek help when in public for fear of harm to themselves or their family. Also, they may no longer be in possession of their identification documents. This Photo by Unknown Author is licensed under CC BY-SA-NC
Myth #7: Human Trafficking Pimps are easily recognizable Fact: Human Trafficking pimps do not fit the traditional profile. They range from housewives and truck drivers to pastors and professionals. This Photo by Unknown Author is licensed under CC BY-NC-ND
Prostitution 30 Yrs Ago: Streetwalking
Domestic Minor Sex Trafficking U.S. age of entry into prostitution is often 13-15 years old Children are being groomed into prostitution
Largest Number of Sex Trafficking Victims in the U.S. An estimated 100,000+ victims annually Many resort to survival sex Often have history of involvement in state delinquency and dependency systems
Trafficking Recruitment What are some of the most common online sites and domestic locations used for recruiting trafficking victims? Online Websites Domestic Locations
Among The Winners Are Online Websites Kik Instagram Facebook Meetme Twitter Domestic Locations Schools Group homes Foster Care Shopping Malls Bus Stops
Campbell Case (Chicago) Chicago native Alex Campbell convicted on January 30, 2012 on sex trafficking and labor trafficking charges Operated three massage parlors in suburban Chicago Used the internet and scoured the streets to identify primarily foreign young women with illegal immigration status to traffic in labor and sex
Campbell Case Investigation began when one victim contacted ICE after attempting to buy her way out of his control Victim was told it would cost her more than $30,000 to leave The Family More than 20 victims in total were identified several were forced to advertise on Craigslist personals for appointments"
Campbell Case Governed by The Pimp s Bible given life sentence in 2013 Judge cited the brutality of the exploitation and lifelong scars victims will bear
The Foundational Framework of Human Trafficking Not a new crime, but laws regulating it are relatively new 2000 Congress passed the Traffic Victims Protection Act (TVPA) first piece of legislation that made human trafficking a federal crime
The Foundational Framework of Human Trafficking TVPA of 2000 Breaks Human Trafficking into 3 Primary Elements Actions/Means/Purpose The combination of these are necessary to prove the offense and thus secure a conviction for the crime
The Foundational Framework of Human Trafficking Action: Recruiting, Harboring, Transporting, Providing, Obtaining or even advertising
The Foundational Framework of Human Trafficking Action: Recruiting, Harboring, Transporting, Providing, Obtaining or even advertising Means: Force, Fraud or Coercion
The Foundational Framework of Human Trafficking Action: Recruiting, Harboring, Transporting, Providing, Obtaining or even advertising Means: Force, Fraud or Coercion Purpose: Labor exploitation or sexual exploitation
The Foundational Framework of Human Trafficking Are there any exceptions to these elements? YES! Anyone under the age of 18 is not required to prove force, fraud or coercion There is no such thing as a child prostitute and child labor laws are strictly enforced in the U.S. therefore they are prima facie child victims.
No Human Trafficking On Our Roads Act Effective September 2019
Its Here in the United States Location of potential human trafficking cases reported to the National Human Trafficking Center (updated July 30, 2020)
No Human Trafficking On Our Roads Act Referred to as The Act Revised the list of offenses eligible for permanent disqualification of a CDL for certain offenses to include a conviction for Human Trafficking in a CMV. This is a lifetime disqualification/suspension with the CDL holder ineligible for reinstatement.
No Human Trafficking On Our Roads Act Lifetime Disqualification for CDL Holders: The amendment to include Human Trafficking as a lifetime disqualifying offense was a rule expansion. CDL holders are aware of additional lifetime disqualifying events/offenses at the time of licensure.
No Human Trafficking On Our Roads Act Rule intended to be a deterrent: Human Trafficking (especially sex trafficking) is considered to be particularly prevalent at commercially and State operated truck stops. Locations are often remote where trafficking can go undetected. CMV drivers have the ability to both identify and assist in thwarting trafficking behavior by alerting law enforcement to suspicious behavior at these locations.
No Human Trafficking On Our Roads Act National Compliance States are required to come into substantial compliance with this new rule (requiring Human Trafficking convictions to be a lifetime disqualifying offense for CDL holders) as soon as practicable But no later than three (3) years from the effective date of the final rule (i.e. September 23, 2019 Because Human Trafficking is so pervasive, most States are obliged to comply.
No Yes Has your State substantially complied with adopting this new rule? Maybe I don t know
Why Compliance Works: Sorenson and Hodza
Truckers Take on Human Trafficking Jan. 2015, Kevin Kimmell taking break at VA truck stop Noticed RV, rocking with blackened curtains ALERT: face of young woman, jerked away Action: called police Meet Kevin Kimmell . https://www.youtube.co m/watch?v=CjUnjBmvyI 0
Human Trafficking: Indicators Signs of malnutrition, psychological and/or physical abuse Appearance is unkempt, body odor and wearing the same clothing (unlaundered) Has few or no personal belongings (particularly identification.) Rarely allowed to travel alone; is often accompanied by someone or is dropped off and picked up.
Human Trafficking: What to Ask Do you keep your own money? Does your family know where you are or how to contact you? When was the last time you saw them? Are you or have you been physically abused? Has anyone threatened you or your family? What are the threats?
Discussion Table While traveling with your family on vacation, you stop at a rest area. While in the restroom, you see a shaking young woman at the sink. She has a black eye, bodily bruising and is gaunt. On your way out, a man yells into the bathroom, hurry up so you can get back to work! What do you do?
Human Trafficking: What to Do Alert a store manager or clerk (many are trained in how to respond) Contact law enforcement directly and report suspected trafficking Collect the make, model, color and license plate of the vehicle DO NOT ATTEMPT a personal rescue or intervention. This can pose a risk of danger to yourself or the victim.
