President Donald Trump recently issued a revised travel ban temporarily preventing people from six countries and all refugees from entering the United States. The original ban was immediately met with condemnation, protest, and legal action, leading the administration to change course. The revised version amounts to a significant scaling back relative to the original, but many of the longer term consequences remain the same. While this is the most recent and perhaps one of the most chaotic efforts to control who comes into the United States, it is far from the first. The history of U.S. immigration policy is littered with restrictions, quotas, and preferences for certain groups. Read on further to find out how President Trump’s executive action fits in the long lexicon of American immigration policy.

History of Immigration

The United States is and has been a land of immigrants long before it was even a country. European migration began in the 16th century, first with the French and Spanish then later with the English, who founded their first permanent colony in Jamestown in 1607. Many of the earliest European settlers traveled either to avoid religious persecution in their native land or to seek better opportunities. There was also a dark side to this original mass migration. Many white Europeans arrived as indentured servants and even more black slaves were forcibly removed from Africa and brought to the new world.

The second batch of migrants, which came to the United States in the 19th century, was also predominantly from Western Europe. Along with English settlers, came large numbers of Irish and German migrants. Approximately 4.5 million Irish made their way to the United States between 1820 and 1930, settling mostly along the coast. Meanwhile, roughly five million Germans arrived during the 19th century and often moved into the interior of the country. These groups were also joined by a large number of Chinese workers who came to the United States in search of gold. The Chinese immigrants tended to settle in the western portions of the United States.

At the end of the 19th century and into the early 20th century, the demographics of immigration shifted again. During this period there was a large rise in immigration from Southern and Eastern Europe. This was most clearly characterized by the nearly four million Italians who entered the United States. Following this wave, however, immigration slowed dramatically due to international events such as World War I and II, as well as the Great Depression. After World War II, refugees from Europe and the Soviet Union flocked to the U.S., along with those from Cuba following Castro’s rise. The video below from Business Insider provides a good illustration of where immigrants came from and when they arrived in the United States:

According to numbers from Pew Research Center, the highest percentage of foreign-born people living in the United States occurred back in 1890 when nearly 15 percent of the population was foreign-born. The lowest point occurred back in 1970 when just 5 percent of the population was born outside the United States. Recent data suggests we will likely reach a new high very soon. In 2015, about 14 percent of the population was foreign-born, a percentage that is projected to increase to nearly 18 percent by 2065.

The History of Immigration Restrictions

For almost as long as people have been migrating to the United States, policymakers have enacted a variety of different pieces of legislation to restrict immigration in general and for specific groups of people. First was the Naturalization Act of 1790, which made only free white people of good moral character who have lived in the U.S. for at least two years eligible for naturalization. This requirement was later changed to 14 years of residency and eventually back down to five years, due to political reasons. Another restriction was put in place in 1819 when Congress started requiring ship captains to provide a list of any foreign-born people onboard intending to immigrate.

Immigration restrictions did not really intensify until after 1850, which was the first time the U.S. Census asked what country people came from. This was followed by a dramatic increase in migration restrictions, particularly those targeting people from Asia. In 1862 the “Anti-Coolie” Act was passed with the aim of preventing Chinese immigration to California and forced California businesses that hired Chinese workers to pay an additional tax. There was also the Naturalization Act of 1870, which made free white people and “persons of African descent” and “nativity” eligible for naturalization but excluded Asians. Perhaps the most infamous example was the Chinese Exclusion Act passed in 1882, which barred all Chinese immigration for 10 years. This act was extended in 1892 by the Geary Act for 10 more years and then again indefinitely in 1902.

These restrictive measures extended into the 20th century as well, starting with the 1907 gentlemen’s agreement with Japan, where Japan agreed to discourage Japanese migration to the U.S. in exchange for more protections for Japanese people already in the U.S. There were additional restrictions at the state level as well, including in 1913 when California passed the Alien Land Law preventing Chinese and Japanese nationals from owning land. In 1917 Congress went a step further, banning immigration from many Asian countries with notable exceptions being Japan and the Philippines.

Another major immigration policy shift occurred in 1921 when the first of the Quota Acts was enacted. The law placed immigration quotas on countries to restrict the number of people from a certain country to three percent of the number that lived in the United States after the 1910 census. A similar act was passed in 1924 limiting the number of migrants from Eastern and Southern Europe to two percent of the 1890 levels. The adoption of the National Origins Formula delivered the final blow, completely banning immigration from Asia, while still allowing immigration from the Western Hemisphere.

It did not end with Asian immigrants either, as the Oriental Exclusion Act prohibited most immigration from Asia but also included foreign-born wives and the children of American citizens of Chinese ancestry. The Expatriation Act went even further, stating that an American woman who marries a foreign national loses her citizenship; this was partially repealed in 1922 but still held for women marrying Asian citizens. Even the Supreme Court entered the debate over race and citizenship in the case United States v. Bhagat Singh Thind. The court ruled that a caucasian man from India did not meet the definition of white person used in established immigration law, and therefore could not become a citizen.

In addition to people from Asia, other groups were also barred over the years for reasons that were not explicitly related to race or ethnicity. The Immigration Act of 1882, for example, put a $0.50 charge on people immigrating and forbid lunatics and those likely to become dependent on the state. The Alien Contract Labor Law was passed in 1885 to prohibit bringing foreign contract laborers to the country, except for certain industries. In 1891 Congress made polygamists, people with diseases, and those convicted of specific misdemeanors also ineligible for immigration. Political groups were also targeted–following the assassination of President William McKinley, Congress passed the Anarchist Exclusion Act in 1901 barring anarchists and political extremists.

Along with all these outright restrictions were a host of other measures to simply make the immigration process harder–like literacy tests on citizenship applications and additional agencies set up to oversee immigration–that, while not explicitly forbidding it, significantly hindered immigration for many groups. It was not until 1965 when Congress passed the Immigration and Nationality Act that many of the quotas and restrictions were finally eliminated.

The video below gives an overview of the immigration practices of the United States:

Immigrants in the U.S. Today

Despite the complicated history of immigration policy, the number of foreign-born people in the United States has increased dramatically since 1965. As of 2015, there were about 43.3 million foreign-born people living in the United States, which is approximately 13.5 percent of the total population. Of that amount, about 20 million are naturalized citizens, with the rest being permanent residents, people with temporary status, and people who entered the country illegally. The Pew Research Center estimates that in 2014 there was a total of 11.1 million foreign-born people in the United States who entered the country illegally.

The immigrant population rose from 9.6 million in 1970 to the 43.3 million here today. Over that time, the primary source of immigrants has shifted from Europe to Latin America and Asia. Specifically, in 2015 the top five countries of origin for new immigrants were: India, China, Mexico, the Philippines, and Canada. The 2015 numbers generally reflect the leading countries of origin for the total foreign-born population as well, which are led by Mexico, India, China, and the Philippines.

The immigrant population in the United States skews slightly female, at a little more than 50 percent. It is also older than the general U.S. population with a median age of 43.5 years. Demographically, nearly half of immigrants identify themselves as white, a little more than a quarter identify as Asian, and about 9 percent identify themselves as black. Ethnically, Hispanics and latinos are the largest group of immigrants, representing about 45 percent. In terms of education, the percentage of immigrants with at least a bachelor’s degree is almost the same as the national average, at about 30 percent. And geographically, states that border Mexico or have large population centers tend to have the most immigrants, with California leading the way followed by New York, Texas, Florida, and New Jersey.

Immigration and the Economy

From 2009 to 2011, the amount of money earned by immigrants was nearly 15 percent percent of all U.S. wages, although immigrants make up 13 percent of the overall population. Immigrants are more likely to be prime working age and work in higher proportions relative to their share of the population. Immigrants also own nearly one-fifth of all small businesses. Finally, nearly half of all immigrants work in white collar jobs and are often overrepresented in some middle-class occupations such as nursing.

While immigrants are working in disproportionately high numbers, they also generally do not harm the work opportunities for most native-born Americans either. While immigration’s effects on domestic workers is a hotly debated subject, many economists agree that it provides an overall economic benefit, although it could also have significant economic consequences for certain groups. In the long-run, immigrants can actually be beneficial to the American job market overall. Moreover, when immigrants drive wages down, it is often because they lack the protections that American citizens have and thus are susceptible to exploitation.

Immigrants, particularly undocumented workers, often pay into programs such as Social Security, which they cannot draw from, and are actually a net positive for the national budget. A review from the Social Security Administration found that undocumented workers paid as much as $13 billion into Social Security in 2010–which came in the form of payroll taxes from immigrants using fraudulent identification–but only received about $1 billion in benefits.

Aside from economic impacts, immigrants also affect American society in other positive ways. These include introducing new or different foods and cooking styles, presenting alternative forms of spirituality, and even incorporating non-traditional medical treatments.

Conclusion

The words inscribed at the foot of the Statue of Liberty in New York read, “Give me your tired, your poor, your huddled masses yearning to breathe free, the wretched refuse of your teeming shore.” These inspiring words, originally written by the poet Emma Lazarus, perfectly encapsulate the ideals that many speak of when they refer to the United States as a nation of immigrants. However, for much of the nation’s history, the people and practices of this country have failed to live up to that ideal.

Donald Trump’s ban, while definitely not the first, is the latest in a long line of efforts to restrict immigration from certain areas and for certain groups of people. Although these restrictions are often passed under the guise of being in the best interest of America or its citizens, they can have the opposite effect. This is because immigrants are often willing to do many of the jobs native born citizens will not, at lower wages. Despite the United States’ complicated history, immigrants have continuously added to and enriched American culture.

Michael Sliwinski

Michael Sliwinski (@MoneyMike4289) is a 2011 graduate of Ohio University in Athens with a Bachelor’s in History, as well as a 2014 graduate of the University of Georgia with a Master’s in International Policy. In his free time he enjoys writing, reading, and outdoor activites, particularly basketball. Contact Michael at staff@LawStreetMedia.com.

The post Before the Ban: The History of U.S. Immigration Policy appeared first on Law Street.

A history of inadequate immigration policies paired with the notion of the “American Dream” creates an interesting paradox for the role of immigrants in American society. Growing pressure from immigrants’ rights advocates and the overall changes in immigration policies initiated by the Obama Administration have prompted a debate on how to deal with growing numbers of undocumented immigrants. Are current deportation policies a part of the solution or are they the problem themselves? Read on to learn more about deportation practices in the United States.

What is deportation?

Deportation can be broadly defined as an order to leave a country. Deportation in the United States is carried out in two ways: removals and returns.

A removal is an official judicial or administrative order to leave the country, and is a formal legal process. If a person is removed from the country, he is barred from legally entering the country for a certain or indefinite period of time. Appearance in front of an immigration judge or an officer is often a part of the removal procedure. An order of removal becomes a part of the individual’s permanent record. U.S. Immigration and Customs Enforcement is the agency responsible for removal proceedings.

On the contrary, return is a more informal mechanism of deportation. It’s essentially a turn around at the border without any paperwork or formal procedure. In this way, being “returned” doesn’t result in any legal consequences and these individuals are not necessarily barred from re-entering the country in the future. U.S. Customs and Border Protection apprehends people at the border, and can carry out either removal or return proceedings.

While removals can be carried out anywhere in the country or at the border, returns are only applicable to individuals trying to cross the border or people who were caught in close proximity to it.

What laws govern deportation practices in the U.S.?

Even though the United States emerged as an immigrant country, regulating immigration has been a long-standing policy of the U.S. government. Race and ethnicity have long played a crucial role in policy decisions concerning immigration. Virtually all ethnic groups have suffered the consequences of racially motivated policies of exclusion. For example, Chinese immigrants were marginalized and constantly targeted for deportation throughout the early history of the United States.

More recent policies and practices pertaining to deportation focus on so-called “smart enforcement,” which emphasizes deportations of those with criminal convictions or ties to terrorist organizations. This strategy is rooted in close cooperation between immigration and border patrol forces, the FBI, and local law enforcement agencies.

In 1994, Congress passed the Violent Crime Control and Law Enforcement Act. Not only did it expand penalties for unauthorized re-entry after deportation, but for myriads of other immigration-related crimes.

In 1996, the Antiterrorism and Effective Death Penalty Act (AEDPA) was signed into law. It authorized mandatory deportations for undocumented immigrants who had criminal convictions, even non-violent ones. The definition of “aggravated felony” in immigration law was expanded to include tax evasion, failure to appear in court, and even receipt of stolen property. In addition, this law created special procedures for those accused of terrorist charges, including limiting their habeas corpus protections.

The Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996 further limited the rights of undocumented immigrants by expanding avenues for deportations without judicial review. According to both 1996 reforms, all undocumented immigrants with aggravated felony convictions were due for deportation, even if offense was committed years before the laws were enacted. In addition, the laws could be applied to all non-citizens, including legal permanent residents and undocumented immigrants alike.

Section 287 (g) of the Immigration and Nationality Act was also enacted back in 1996. It allowed law-enforcement agencies to perform the functions of federal immigration agents by deputizing local police officers. In recent years, the implementation of the 287 (g) initiative was widely criticized for its lack of federal oversight, racial profiling practices, and draining of valuable resources that could have been used instead to investigate crimes.

After 2001, criminal enforcement and national security practices were further tied to immigration policies. In 2002, the Department of Homeland Security was created to oversee both counterterrorism and immigration enforcement. All in all, the post-9/11 era can be somewhat characterized by the large number of initiatives and programs that pertain to immigration and deportation enforcement. Some major deportation-related programs include the following:

• The National Security Entry-Exit Registration System (NSEERS) was initiated in 2002 and required those who were from “suspect” nations, to register and interview with immigration authorities and to be fingerprinted. The program was criticized for its inherent religious and ethnic profiling as well as its broad overreach. More than 13,000 Muslims and Middle Eastern immigrants were deported, devastating families and communities. The program was suspended in 2011 due to extensive lobbying by Muslim Americans.
• The Consequence Delivery System took off in 2005, targeting those who were trying to enter the country unlawfully, especially through the U.S.-Mexico border. The focuses of the initiative were on formal removals and criminal charges. The Consequence Delivery System not only discourages voluntary returns, but encourages formal removals that are closely entangled with criminal proceedings.
• Operation Streamline was introduced during the same year in order to speed up immigration proceedings by providing courts with the freedom to initiate so-called “group trials,” which provide few legal rights to immigrants. From 2009 to 2012, 208,939 undocumented immigrants went through such court proceedings and were expelled from the country.
• The Criminal Alien Program (CAP) was created in 2006 and encompasses different components to identify and remove undocumented immigrants and sometimes permanent residents within local, state, and federal correction facilities. Identified individuals can be removed even if they were not convicted of a crime and still have pending charges. As of 2009, 57 percent of those deported through CAP were not convicted of any crime.
• Secure Communities Program (SCP) is an ongoing information-sharing program that was created in 2008. The main goal of the initiative is to identify undocumented immigrants with criminal convictions through the screening of biometrical data when people are booked into jails. As of now, Secure Communities has helped to remove 283,000 of such undocumented immigrants, 93 percent of whom were Latino. Critiques of this program include concerns about it is racial profiling in communities of color and that the program has collateral damages, as many undocumented immigrants identified and removed through the SCP are non-violent offenders or traffic violators.

During the past several administrations, deportation policies have shifted toward a focus on border security and apprehension of undocumented immigrants who have committed crimes. In this way, immigration policies have become more closely associated with criminal enforcement.

How many people are being deported?

Overall, the number of undocumented immigrants who are deported has grown over time. There were only 70,000 people deported in 1995-96, the next year this number rose to 114,000. By 2012 deportations reached 419,384 and climbed to 438,421 in 2013. However, in 2014 the numbers dropped to 315,943, with two-thirds of people who were deported being apprehended at the border or within 100 miles of it.

By some estimations, since President Obama took office more than two million people were deported, prompting discontent from immigrant advocate groups. However, even though deportation numbers went up during Obama’s presidency, most of the increase in official figures stems from shifting policies.

How do we count deportations?

During the second term of George W. Bush’s administration, more people were formally removed than simply turned around at the border through the previously discussed Consequence Delivery System. When Obama became  president, he continued to follow the already-in-place practices of treating many returns as removals, resulting in the overall increased numbers of deportees. Before, immigrants who were caught at the border were simply sent back to where they came from, without legal consequences. Now, they are more likely to be apprehended, prosecuted, and issued a deportation order. As a result, deportations that would previously be classified as returns are now officially counted as removals.

Return recordkeeping tended to be more informal. In most instances, people who were simply turned around at the border would not be counted in the official statistics. As a result, the total number of those deported seems higher now, but in the reality it’s hard to say how many people were returned and not counted in the official statistics before Bush started this trend. Between 2009 and 2012, the number of returns and removals were roughly the same, 1.6 million each; however, in 2013, 64 percent of removals were carried out at the border, signifying a 28 percent increase from 2008. Simultaneously, the number of people apprehended in the interior of the country dropped to 36 percent in 2013.

It’s clear that arrests at the border constitute a significant proportion of the overall deportations, while undocumented immigrants who have already been living in the United States are given less priority.

How are deportations are carried out?

Formal deportations are usually carried out only after a person appears before an immigration judge. However, during the last couple of years judicial proceedings were outpaced by expedited removals and other similar practices. In 2013, 83 percent of deportations were executed without judicial review. Moreover, 44 percent were fast-track removals and 40 percent were reinstatements of orders that were not previously carried out. During the same year, only 17 percent of deportations were carried out through judicial order, compared with 36 percent in 2011.

The video below looks at the life of one undocumented immigrant who was deported through reinstatement of previous order of removal after living in the United States for more than 20 years. He left behind a wife and five American children.

Who is being deported?

Criminals

The Obama Administration reiterated that it would target immigrants who committed crimes for deportation. Consequently, from 2009 to 2013 the numbers of deported immigrants with criminal convictions went up 54.6 percent. In 2013, 85 percent of deportees had been previously convicted of felonies or at least three misdemeanors.

However, in 2013, 60 percent of those who had a criminal record and were removed from the country, had only minor non-violent convictions, punishable by less than a year in prison. Since President Obama took office, only 20 percent of all deportees were convicted of serious crimes, including drug-related offenses. In 2012, less then one percent of those deported were charged and convicted with homicide.

Parents of U.S.-Born Children

Many of those who are deported have American-born children. It is estimated that in 2013, 72,000 parents with U.S.-born children were deported. In total, there are around 3.5 million undocumented immigrants who have a U.S. citizen child.

As a consequence, many U.S.-born children whose parents are being detained or deported enter the foster care system. Watch the video below to learn more about the growing share of such children in foster care.

Ethnic Composition

In 2013, Mexico, Guatemala, Honduras, and El Salvador were the top countries of origin for deportees. During the same year, 72 percent of all deportees were from Mexico, with many apprehended at the border.

Meanwhile, immigrants from the Middle East, Africa, and Asia are more often expelled from the country after being suspected of having ties with terrorist groups outside the United States. From 2003 to 2012, 60,000 from Muslim countries in the above regions were deported from the United States.

What are the issues with current deportation policies?

First and foremost, deportations of undocumented immigrants affect families and communities. There are many undocumented immigrants who have been living in the United States for years. One quarter of deported immigrants are separated from U.S.-born children, and even more are separated from other family members.

Undocumented immigrants also face a lack of legal assistance, and are not provided with the same rights as American citizens, including due process. Deportees are not provided with an attorney, and most of them don’t have a court hearing before they are expelled from the country.

The costs of immigration enforcement and deportation proceedings are enormous. In 2010, $600 million was allocated to add border patrol agents and new surveillance technology. In 1993 the annual budget of Customs and Border Protections (CBP) was only $363 million, while in 2013 it reached $11.9 billion. Immigration and Customs Enforcement (ICE) costs taxpayers $5.9 billion as of 2013, while Enforcement and Removal Operations (ERO) expenses amounted to $2.9 billion in 2012.

In addition, treating returns as removals is not only costly but results in serious legal consequences for undocumented immigrants. Those immigrants may never again have the chance to re-enter the country, even if it’s years later.

 What is being done about deportation?

The current administration passed Deferred Action for Childhood Arrivals (DACA) in 2012, which allowed undocumented immigrants who entered the country before they turned 16 years old and before June 2007 to apply for a renewable two-year work permit and avoid deportation. Since 2012, 580,946 undocumented immigrants have benefited from DACA.

In 2013, the  Obama Administration pushed for another law, the Border Security, Economic Opportunity, and Immigration Modernization Act (S. 744). Among other things, the bill would allow undocumented immigrants–if they meet eligibility requirements–to apply for registered provisional immigration programs (RPI). RPIs are six-year programs that allow all those eligible to avoid deportation and receive work permits. In ten years, immigrants with RPI status would be able to apply for permanent residency. Eventually they could become citizens of the United States. While this bill did not pass, it’s another example of the changes that some are hoping to see to America’s immigration policies.

But not everybody is happy with the “path to citizenship” approach to undocumented immigrants. Many GOP members believe that all undocumented immigrants should simply be deported. Watch the video below to learn more about pro-deportation point of view.

Conclusion

By the lowest estimations, there are around ten million undocumented immigrants in the United States. Deportations cannot be the only meaningful solution as the numbers are too high and the issue is too complex for such a simple approach as mass removals. The current administration has already taken the first steps to reduce deportations and provide permanent solutions for millions of undocumented immigrants. However, the criminal justice approach to immigration should be re-evaluated as it has been long proven that there is no relationship between immigration and crime. What will be done to fix the problem of the many undocumented immigrants in the U.S. is yet to be seen.

  Resources

Primary

U.S. Congress: The Antiterrorism and Effective Death Penalty Act of 1996

U.S. Congress: The Illegal Immigration Reform and Immigrant Responsibility Act of 1996

U.S. Immigration and Customs Enforcement: Secure Communities

U.S. Immigration and Customs Enforcement: FY 2014 ICE Immigration Removals

Department of Justice: Violent Crime Control and Law Enforcement Act of 1994

Additional

Immigration Policy Center: Immigration Enforcement in Prisons and Jails

Immigration Policy Center: The Border Security, Economic Opportunity, and Immigration Modernization Act

Immigration Policy Center: The Growth of the U.S.Deportation Machine

LA Times: High Deportation Figures Are Misleading

LA Times: Number of Immigrants Deported From U.S. Dropped Sharply in Last Year

New Republic: Who’s the Real Deporter-In-Chief: Bush or Obama?

Pew Research Center: U.S. Deportations of Immigrants Reach Record High in 2013

Tampa Bay Times: Lou Dobbs: Obama Administration ‘Manipulated Deportation Data’

Nation: Why Has President Obama Deported More Immigrants Than Any President in U.S. History?

The New York Times: Deportation Up in 2013; Border Sites Were Focus

The New York Times: More Deportations Follow Minor Crimes, Records Show

Washington Post: Your Complete Guide to Obama’s Immigration Executive Action

Washington Post: Is President Obama’s Claim To Have Increased Criminal Deportations Accurate?

Valeriya Metla

Valeriya Metla is a young professional, passionate about international relations, immigration issues, and social and criminal justice. She holds two Bachelor Degrees in regional studies and international criminal justice. Contact Valeriya at staff@LawStreetMedia.com.

The post America’s Deportation Policy: Successes and Failures appeared first on Law Street.

In 2008, the film “Taken” shocked America and launched a blockbuster trilogy success. The movie wasn’t just gratuitous action scenes, however–it offered a lens into the world of human trafficking. It included a common stereotype that human trafficking doesn’t occur in the United States, and that it’s the rest of the world’s problem. This is not true–trafficking does happen here in the U.S. and it’s a big issue. Here’s a breakdown of everything you should know about human trafficking in the U.S.

What is human trafficking?

According to the Office of Refugee Resettlement, “victims of human trafficking are subjected to force, fraud, or coercion for the purpose of commercial sex or forced labor.” It exists in rural, suburban, and urban locations. Human trafficking is sometimes known as modern day slavery. It usually occurs in the U.S. when people from other nations are brought in illegally to serve as free labor.

Read more about ending modern day slavery.

Human trafficking commonly brings to mind confinement, blindfolds, and drugs. Sometimes that can happen, but human traffickers also practice more subtle approaches. They influence their victims with various means, including:

• Debt Bondage: Captors will claim their victims owe a debt. The debt is paid in exchange for forced sex or labor.
• Public Isolation: Keeping victims from family, friends, work associates, and religious groups can cause victims to feel helpless and weaken their resolve to fight back.
• Confiscations of identification/traveling documents (Passports, visas, identification cards, etc.): Foreigners smuggled into the country need proper documentation to leave the country. The applications for documentation can be tedious and cause embarrassment, especially if they don’t have the identification required.
• Shaming: Human traffickers will threaten exposure to victims’ families, particularly if the victim has been forced to engage in sex work.
• Threat of Deportation/Imprisonment: Victims are threatened to be exposed to immigration authorities for violating immigration laws.
• Financial Control: Traffickers will withhold their victims’ money for “safekeeping,” making it impossible for the victims to set out on their own.

Each of these strategies is designed to make victims feel helpless and alone.  A demoralized victim is a weaker victim. Empowered victims are more likely to run away, alert authorities, and/or take a stand.

What happens to the victims of human trafficking?

There are long-term damages to victims of human trafficking. Tragically, a large percentage of these victims are children. Physically, victims of human trafficking can suffer from disease, stunted growth, and malnutrition. Psychologically, many victims will bypass key social, moral, and/or spiritual development. They can feel ostracized from the outside world. They are also at higher risk to fall victim to similar crimes again.

Statistics

It is important to note that due to the invisibility and nature of these crimes, statistics vary widely. While the following statistics are based on estimates, they’re still very disturbing.

Globally

There are quite a few estimations, but there are approximately 27 million slaves around the world, although only six percent are considered “identified.” There 800,000 people  trafficked across international borders every year, and one million children fall to the commercial sex trade. Of all the world’s trafficking victims, 80 percent are women and children. There are currently 161 countries affected by human trafficking, which is a $32 billion industry.

United States

In the United States, the average entry to prostitution is 12-14 years old. Previously sexualized victims and runaways are high-risk victims. Domestically, between 14,500 and 17,500 victims are trafficked into the United States annually. California has the highest volume of sex trafficking areas. The top 20 highest volume cities include Houston, El Paso, Los Angeles, Atlanta, Chicago, Charlotte, Miami, Las Vegas, New York, Long Island, New Orleans, Washington D.C., Philadelphia, Phoenix, Richmond, San Diego, San Francisco, St. Louis, Seattle, and Tampa.

Case Study: Inside the FBI Weekly Podcast

A 2009 podcast, “Inside the FBI,” details the account of a prominent U.S. human trafficking case. In it, Neal Schiff interviews FBI Special Agent Tricia Whitehill. She was involved in a case where multiple members of the Vasquez-Valenzuela family were indicted for “conspiracy, sex trafficking, and various immigration offenses.”

The investigation all started in 2006 when the family’s taxi driver called in a tip to CAST, the Coalition to Abolish Slavery and Trafficking. He remained a source throughout the investigation. The family had brought in girls in their teens and early twenties from Guatemala to the U.S. The family targeted poor and uneducated girls, some of whom did not even know their own birthdays. The Vasquez-Valenzuela family lured the girls back to the U.S. by promising them jobs in the jewelry and restaurant industries.

Once the girls were successfully smuggled, they were told they owed a debt that had to be paid in prostitution. If the girls didn’t initially comply, they were threatened with violence, witchcraft, and the death of their families. After the arrests of eight out of the nine offenders, one family member was left unaccounted for and went on the run. She was finally weeded out of hiding through the help of publicity and the general public. Public awareness can make all the difference. The leader of the family received the toughest sentence of 40 years in prison.

While this was a case in which the traffickers were successfully apprehended, in many more instances that’s not the case, even in the U.S.

What legislation does the U.S. use to fight trafficking?

Side by side with public awareness, strong legislation is key to the battle against human trafficking. Here are some of the most important laws addressing human trafficking here at home.

The Trafficking Victims Protection Act of 2000

Long overdue in 2000, this act officially made human trafficking a federal offense. A federal crime is prosecuted under federal criminal law. It also includes provisions for the victims, including federal and state assistance, asylum in the U.S., and shelter and counseling.

Intelligence Reform and Prevention Act of 2004

This law established a Human Smuggling and Trafficking Center to “serve as a focal point for interagency efforts to address terrorist travel.” It promotes cooperation between state, federal, and intelligence agencies in this effort. It also requires an annual assessment delivered to Congress “regarding vulnerabilities in the United States and foreign travel system that may be exploited by international terrorists, human smugglers and traffickers, and their facilitators.”

Civil Asset Forfeiture Reform Act Of 2000

A large percentage of human trafficking occurs in the labor industry, for example in restaurants. This legislation creates investigations into properties suspected of human trafficking and alerts property owners. This prevents the ability of owners to claim ignorance of criminal activity on their property.

Activism to Fight Trafficking

In order to end human trafficking, legislation won’t be enough. Here are some of the steps that others have taken to attempt to combat human trafficking.

Polaris, CAST, and CCO

In September 2014 in a valiant effort to raise awareness against human trafficking in the greater Los Angeles area, Polaris, a non-profit organization fighting against human slavery, CAST, and Clear Channel Outdoor (CCO) announced their collaboration. CCO donated 25 digital billboards, 20 conventional billboards, and 20 transit shelter posters. The campaign ran in Spanish and English.

The campaign focused on two aspects. First, it promoted the National Human Trafficking Resource Center, a 24-hour, multi-lingual hotline designed for victims and members of the community. The campaign also encouraged victims to come out of the shadows and seek the help they deserve. The campaign tried to induce a sense of community for victims feeling alone.

The promotion also brought on board regionally elected officials and spokesmen like former NFL player and actor Terry Crews. He championed the cause saying:

Modern slavery is the husband coerced through violence to harvest crops, it’s the mother forced to work excessive hours as a domestic servant with little pay, and it’s the daughter sold online for sex against her will. Modern slavery is the 20.9 million people worldwide estimated to be victims of sex and labor trafficking, and we must do what’s in our power to restore their freedom. The more we raise awareness about the help available for victims of human trafficking in America, the more we can empower them to become survivors.

The more people who receive this message, the stronger the fight. The campaign hopes to target more cities across the U.S. in the future.

Presidential Involvement

In a step to bring further awareness to the general public, President Obama designated January to be National Slavery and Human Trafficking Prevention Month. In a press release, he wrote:

Even today, the darkness and inhumanity of enslavement exists. Millions of people worldwide are held in compelled service, as well as thousands within the United States. During National Slavery and Human Trafficking Prevention Month, we acknowledge that forms of slavery still exist in the modern era, and we recommit ourselves to stopping the human traffickers who ply this horrific trade.

In September 2012, continuing his commitment, President Obama spoke to the Clinton Initiative in New York. Partnered with former Secretary of State Hillary Clinton, the President laid out a three-part plan to combat human trafficking. First, to “spot it and stop it.” That part of the plan calls for extensive reports to further government understanding, more effective training for all interagency task force members involved, collaboration with transportation services, and aid educators to spot potential trafficked victims among their students. Second, the plan hopes to use the internet as a weapon against human trafficking. The internet has been a great tool for the human-trafficking industry and the President wants to “turn the tables.” The plan aims to recruit tech companies and college students to the fight. Third, the plan aims for further dedicate resources for recovery. For example, to simplify the application for T-visas, designed to protect victims of human trafficking.

Other Groups Involved in the Fight Against Trafficking

There are many other groups involved in the fight against trafficking that attack different parts of the problem. They include:

• Not for Sale: A non-profit, international organization dedicated to raising awareness for sexual slavery.
• Bilateral Safety Corridor Coalition (California): Based in San Diego, the BSCC is comprised of more than 40 government and nongovernment agencies in the U.S. and Mexico to battle human trafficking.
• You Are Never Alone (Maryland): YANA provides a safe haven to women and children involved in prostitution who are seeking a better life.
• New York City Community Response to Trafficking (New York): The CRT is a team of community-based organizations and criminal justice agencies dedicated to responding to and raising awareness of human trafficking.
• Center for Multicultural Human Services (DC): CMHS received a joint federal grant with the Break the Chain Campaign from the Office for Refugee Resettlement to administer pre-certification and post-certification services to victims of trafficking in the Washington D.C. metro area.

Conclusion

With all of these laws in place, and so many activists working to fight it, why is trafficking still happening at such an alarming rate? It is hard to stop an industry so high in demand across the globe, regardless of its vile nature. In recent years, the internet is largely to blame. It allows for anonymity and easy communication internationally between buyer and seller. The deep web, not accessible through standard web searches, is a large black market tool. Another answer is that sex trafficking is almost impossible to obliterate when most of the victims are unidentified. Both rape and sexual slavery victims rarely come forward due to the highly personal sensitivity of the crime. However, we’re taking steps in the right direction with more laws and movements of activism. Hopefully, someday, the travesty that is human trafficking will become a thing of the past.

Resources

Primary

Office of Refugee Resettlement: What is Human Trafficking

Homeland Security: Human Trafficking Laws and Regulations

U.S. Department of State: U.S. Trafficking Report

White House: Presidential Proclamation

Additional 

Case Act: What is Human Trafficking

FBI Podcasts and Radio: International Human Trafficking

Polaris: Polaris, Cast, and Clear Channel Outdoor Law Anti-Human Trafficking Awareness Campaign

Judges’ Journal: President Obama’s Speech on Human Trafficking

Jessica McLaughlin

Jessica McLaughlin is a graduate of the University of Maryland with a degree in English Literature and Spanish. She works in the publishing industry and recently moved back to the DC area after living in NYC. Contact Jessica at staff@LawStreetMedia.com.

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