Human Trafficking & Forced Labor: Find Out What Your Colleagues Are Saying About This Topic

Posted on 06-19-2014 by
Tags: Labor Law , Trending News & Topics , Forced Labor , Human Trafficking , Immigration , Employment Law

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Comments


amanda-alge-bales
amanda-alge-bales
Posted on : 24 Jun 2014 8:06 PM

To join in the discussion, register to LexTalk and prepare your comments within the ‘Join The Conversation’ text box (located at the bottom of the post) and click on Share.

We are looking forward to tomorrow's discussion.

We are looking forward to the discussion.

We are looking forward to the discussion.

Gregg Lawson
Gregg Lawson
Posted on : 25 Jun 2014 7:23 PM

I am on the webinar now and these stats are shocking. I cannot believe 16 million people are forced into labor.

amanda-alge-bales
amanda-alge-bales
Posted on : 25 Jun 2014 8:38 PM

I will kick off the discussion with today's first Q.

Q1: What can you tell us about state anti-trafficking laws and their implementation?

carrb
carrb
Posted on : 25 Jun 2014 8:40 PM

Q1 States have a variety of approaches in their anti-trafficking laws.  While federal law has come a long way since 2000, many states still have massive gaps in their anti-trafficking laws.

Rich Ehisen
Rich Ehisen
Posted on : 25 Jun 2014 8:45 PM

Q1 Many states have adopted laws aimed at breaking young trafficking victims away from their captors, usually by treating them as victims rather than charging them as prostitutes. But funding for the services these kids need has been hard to consistently come by

carrb
carrb
Posted on : 25 Jun 2014 8:45 PM

Q1 With any human trafficking & forced labor case states may use a variety of laws, not just anti-trafficking laws to combat the issue.  This is especially crucial in states with anti-trafficking laws that have not yet been used by prosecutors.

Sudip Chaudhuri
Sudip Chaudhuri
Posted on : 25 Jun 2014 8:45 PM

Q2: What have we seen in the last 12 months? Is the outlook improving?

KellyHeinrich
KellyHeinrich
Posted on : 25 Jun 2014 8:47 PM

Q1: Every state now has some type of law that criminalizes human trafficking, which may at first blush appear impressive.   Beneath the surface, however, gaps in legislation and implementation reflect a different reality, one of underidentification and few prosecutions of human trafficking.  State laws vary dramatically and are not considered to be comprehensive.  For instance, few states have adopted laws providing eligibility for victim services.  Changes will come once more and more law enforcement officers are trained, state prosecutors grapple with the existing law, and judges preside over trafficking cases.  That means there is a lot of opportunity for attorneys to do groundbreaking work at the state level.  Here’s a quick read with more information: The State of State Human Trafficking Laws available at www.americanbar.org/.../the_state_of_state_humantrafficking_laws.html  

carrb
carrb
Posted on : 25 Jun 2014 8:48 PM

Q1:  Rich is referencing what are commonly called "safe harbor" statutes which are designed to treat victims as victims rather than criminals.  Unfortunately in some states these laws are structured in such a way that they only treat individuals as victims if they comply with court ordered services.  In other states "safe harbor" is simply an affirmative defense to a prostitution charge.  These laws are almost exclusively directed at children and so once a person turns 18 they don't have this option.

amanda-alge-bales
amanda-alge-bales
Posted on : 25 Jun 2014 8:49 PM

Q2: Can you provide a few resources that would help us learn more about trafficking generally?

whiteja9
whiteja9
Posted on : 25 Jun 2014 8:49 PM

Labor caess appear to be more difficult to identify. What strategies are missing in this?

KellyHeinrich
KellyHeinrich
Posted on : 25 Jun 2014 8:51 PM

Q2: At the Global Freedom Center, we compiled the most reliable statistics on trafficking and they’re available online as our Quick Facts – www.GlobalFreedomCenter.org/GFC/learn/quick-facts.  There are a lot of disavowed, inaccurate statistics still in circulation so it was important to us to break through the bad data.  For instance, given all the media attention that focuses on sex trafficking, few realize that 78% is labor trafficking and 22% is sex trafficking. Also helpful is our slideshow of true stories - globalfreedomcenter.org/.../humantraffickingstories - from around the world, which will give you a sense of the wide variety in industries, methods of coercion and fraud, types of trafficking, and victim experiences.  Here are some other go to resources that will kick start anyone’s learning:

2014 Trafficking in Persons Report, U.S. Department of State

List of Goods Produced with Forced or Child Labor, U.S. Department of Labor

2012 Global Estimate of Forced Labor, International Labour Organization

Rich Ehisen
Rich Ehisen
Posted on : 25 Jun 2014 8:53 PM

Q2 The Polaris Project is an excellent source of information on trafficking issues around the world.

carrb
carrb
Posted on : 25 Jun 2014 8:53 PM

Q3: The majority of labor trafficking cases we work on in the Human Trafficking Clinic involve foreign national victims.  Identification can be difficult if these victims are not viewed as victims and instead as foreigners trying to come to the US illegally.  Additionally there is often the attitude that "well they make more money here than back home" or "that is how they would have been treated in their own country" as a way to minimize what is happening to the victims.  If that attitude is present than victims won't be recognized as such.

amanda-alge-bales
amanda-alge-bales
Posted on : 25 Jun 2014 8:55 PM

Q4: What advice would you give to a law student who wants to work on anti-trafficking?

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