An Introduction to Child Trafficking for Social Service Providers: Identifying and Serving Survivors

An Introduction to An Introduction to Child Trafficking for Child Trafficking for

Social Service Social Service Providers:Providers:

Identifying and Identifying and Serving SurvivorsServing Survivors

Coalition to Coalition to Abolish Slavery & Abolish Slavery &

TraffickingTrafficking

Founded in 1998 in Founded in 1998 in response to El Monte response to El Monte Sweatshop.Sweatshop.

Mission:Mission: To assist To assist

persons trafficked for persons trafficked for the purpose of forced the purpose of forced labor and slavery-like labor and slavery-like practices and to work practices and to work toward ending all toward ending all instances of such instances of such human rights human rights violations.violations.

El Monte Sweatshop Workers, 1995LA Times

CAST Services for Trafficking CAST Services for Trafficking SurvivorsSurvivors

Housing/Basic Necessities: Housing/Basic Necessities: EEmergency/transitional mergency/transitional housing, affordable housing, tenants’ rights education, housing, affordable housing, tenants’ rights education, utilities info, food, clothing.utilities info, food, clothing.

Medical: Medical: IImmediate screening for injury/illness, mmediate screening for injury/illness, documentation of injuries/scars, nutrition assessment, documentation of injuries/scars, nutrition assessment, follow-up health care, vaccinations/TB/STD/HIV tests, follow-up health care, vaccinations/TB/STD/HIV tests, chronic illness care, OB/GYN, dental, vision.chronic illness care, OB/GYN, dental, vision.

Education/Employment: Education/Employment: LLiteracy, ESL/GED/vocational iteracy, ESL/GED/vocational training, labor law education, career planning, job training, labor law education, career planning, job search.search.

Life Skills: Life Skills: CCross-cultural education, transportation, ross-cultural education, transportation, signage, training to prevent exploitation, banking, signage, training to prevent exploitation, banking, financial budgeting. financial budgeting.

Legal Services: Legal Services: Immigration relief, victims-witness Immigration relief, victims-witness advocacy, civil case referrals, Long-term, comprehensive advocacy, civil case referrals, Long-term, comprehensive support for continuing legal needs.support for continuing legal needs.

Training OverviewTraining Overview1.1. Dimensions of Child TraffickingDimensions of Child Trafficking2.2. Identifying Child Trafficking Identifying Child Trafficking

Survivors Survivors 3.3. Serving Child Trafficking Serving Child Trafficking

SurvivorsSurvivors1.1. Case ManagementCase Management2.2. Access to ShelterAccess to Shelter3.3. Access to BenefitsAccess to Benefits

4.4. Legal FrameworkLegal Framework

Dimensions of Dimensions of Child TraffickingChild Trafficking

Adapted from: CAST Presentation Adapted from: CAST Presentation

© Freedom Network 2003© Freedom Network 2003

Photos by J. Maillard, International Labour Organization Photos by J. Maillard, International Labour Organization

Human Trafficking is a Human Trafficking is a Modern Day Form of Modern Day Form of

SlaverySlavery Victims trafficked for:Victims trafficked for:

Forced labor:Forced labor: Examples: restaurant work, agricultural work, domestic work, Examples: restaurant work, agricultural work, domestic work, factory work, or illegal enterprises such as selling drugs and factory work, or illegal enterprises such as selling drugs and serving as decoys in smuggling cases.serving as decoys in smuggling cases.

Sexual exploitationSexual exploitation::Examples: prostitution, use in pornographyExamples: prostitution, use in pornography

Child Trafficking:Child Trafficking: ‘The recruitment, transportation, transfer, harboring or

receipt of a child for the purpose of exploitation constitutes ‘trafficking in persons’

--Protocol to Prevent, Suppress and Punish Trafficking in Persons, Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Especially Women and Children, Supplementing the United Nations Children, Supplementing the United Nations Convention Against Transnational Organized Convention Against Transnational Organized Crime, (“Protocol”), Crime, (“Protocol”), G.A. res. 55/25, annex II, 55 U.N. GAOR Supp. (No. 49) at G.A. res. 55/25, annex II, 55 U.N. GAOR Supp. (No. 49) at 60, U.N. Doc. 60, U.N. Doc. A/45/49 (Vol. I) (2001), Art. 3(c). A/45/49 (Vol. I) (2001), Art. 3(c).

Human Trafficking is an Human Trafficking is an Under Identified CrimeUnder Identified Crime

Many people think of human Many people think of human trafficking as only an international trafficking as only an international problemproblem

Victims tend not to self-identify as Victims tend not to self-identify as trafficking victimstrafficking victims

Often victims are deported before Often victims are deported before their full story is knowntheir full story is known

Some Estimates as to the Some Estimates as to the Scope of the Problem:Scope of the Problem:

In the U.S. 14,500-17,500 men, women and In the U.S. 14,500-17,500 men, women and children trafficked annuallychildren trafficked annually

The estimates on the number of immigrant The estimates on the number of immigrant children being trafficked into the country children being trafficked into the country annually range from 7,000 to 17,000.[1]annually range from 7,000 to 17,000.[1]

As many as 10,000 people in slavery like As many as 10,000 people in slavery like conditions in the Los Angeles area aloneconditions in the Los Angeles area alone

2 million people trafficked worldwide annually2 million people trafficked worldwide annually

27 million people in slavery around the world27 million people in slavery around the world

$9 billion dollar business$9 billion dollar business [1] Estes and Weiner, p. 114. [1] Estes and Weiner, p. 114. (United States Department of State, Trafficking in Persons Report, (TIP), June 2007)

Percentage of Child Percentage of Child Trafficking Victims Around the Trafficking Victims Around the

World: World:

[1] http://www.gao.gov/new.items/d06825.pdf at pg 12 [2]((http://www.usdoj.gov/ag/annualreports/tr2007/agreporthumantrafficing2007.pdf, 4), 4)

0102030405060708090100

U.S.Government

UNODC ILO

Pecentage of Minor Victims Within Global Statisticsof Trafficking Victims [1]

CAST’s caseload for 2007-2008 addressed ~4% child victims of human trafficking.

U.S. Government average is about 13% of cases identified

From 2001-2007, only 131 child victims have been certified by the Federal government. [2]

Survivor StoriesSurvivor Stories LilyLily, a young Egyptian girl was freed from a couple’s home in Irvine, California, , a young Egyptian girl was freed from a couple’s home in Irvine, California,

where she was forced to work as a domestic servant for two years. She was where she was forced to work as a domestic servant for two years. She was denied access to a formal education and was threatened with physical harm by denied access to a formal education and was threatened with physical harm by the couple. the couple. [1][1]

At age 15, At age 15, SofiaSofia was promised a job as a waitress in America. She was told was promised a job as a waitress in America. She was told that she would make enough money to pay off her smuggling debts in no time. that she would make enough money to pay off her smuggling debts in no time. Her prospects at home seemed dim, so along with her older sister, she agreed Her prospects at home seemed dim, so along with her older sister, she agreed to go to California. When they arrived, they were forced into a prostitution to go to California. When they arrived, they were forced into a prostitution ring run by human traffickersring run by human traffickers.[2] .[2]

JefferyJeffery, 16, was brought over to the U.S. by a family. He was told that he had , 16, was brought over to the U.S. by a family. He was told that he had to work for them at their store to pay off his travel debt. He worked eight hours to work for them at their store to pay off his travel debt. He worked eight hours a day, six days a week. He did not attend school. Eventually, the family told a day, six days a week. He did not attend school. Eventually, the family told him to leave.him to leave.[3][3]

BrandonBrandon, 17, from a Central American country was forced to sell drugs in the , 17, from a Central American country was forced to sell drugs in the United States. He was eventually charged with drug trafficking in juvenile United States. He was eventually charged with drug trafficking in juvenile court. The Juvenile Justice System eventually found Brandon guilty of selling court. The Juvenile Justice System eventually found Brandon guilty of selling drugs. drugs. [4][4]

[[1]1] U.S. Department of Justice, Press Release, February 2, 2005, “Irvine couple indicted on involuntary servitude charges for holding girl as virtual slave to serve U.S. Department of Justice, Press Release, February 2, 2005, “Irvine couple indicted on involuntary servitude charges for holding girl as virtual slave to serve their family,” their family,” http://losangeles.fbi.gov/dojpressrel/pressrel05/ibrahimabdel020205.htmhttp://losangeles.fbi.gov/dojpressrel/pressrel05/ibrahimabdel020205.htm (accessed on March 22,2006). (accessed on March 22,2006).

[2][2] This is a case study based on several interviews. The names, places, and dates have been changed to ensure the child’s confidentiality is strictly maintained. This is a case study based on several interviews. The names, places, and dates have been changed to ensure the child’s confidentiality is strictly maintained. [3][3] Case study derived from interview conducted on March 13, 1006 by telephone with anonymous social service provider. Identifying characteristics of the child, Case study derived from interview conducted on March 13, 1006 by telephone with anonymous social service provider. Identifying characteristics of the child,

including, name, gender, and ethnicity are subject to change. including, name, gender, and ethnicity are subject to change. [4][4] This is a case study based on several interviews. The names, places, and dates have been changed to ensure the child’s confidentiality is strictly maintained. This is a case study based on several interviews. The names, places, and dates have been changed to ensure the child’s confidentiality is strictly maintained.

[[

Identifying Survivors ofIdentifying Survivors ofChild TraffickingChild Trafficking

Adapted from: CAST Presentation Adapted from: CAST Presentation

© Freedom Network 2003© Freedom Network 2003


Human Trafficking Human Trafficking DefinedDefined

The term ''severe forms of trafficking in persons'' The term ''severe forms of trafficking in persons'' means: means:

(A) sex trafficking in which a commercial sex (A) sex trafficking in which a commercial sex act is induced by act is induced by force, fraud, or coercionforce, fraud, or coercion, , OR in which the person induced to perform OR in which the person induced to perform such act such act has not attained 18 years of agehas not attained 18 years of age; or ; or

(B) the recruitment, harboring, transportation, (B) the recruitment, harboring, transportation, provision, or obtaining of a person for labor or provision, or obtaining of a person for labor or services, through the use of force, fraud, or services, through the use of force, fraud, or coercion for the purpose of subjection to coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, involuntary servitude, peonage, debt bondage, or slavery. or slavery.

((Victims of Trafficking and Violence Prevention Act of 2000Victims of Trafficking and Violence Prevention Act of 2000 can be found at can be found at www.ojp.usdoj.gov/vawo/laws/vawo2000/) www.ojp.usdoj.gov/vawo/laws/vawo2000/)

Three Elements of Three Elements of TraffickingTrafficking

RecruitingOR

HarboringOR

Moving OR

Obtaining

a person,

1ACTS

by

ForceOR

Fraud OR

Coercion

2MEANS

For the purposes of

Involuntary ServitudeOR

Debt BondageOR

SlaveryOR

Sex Trade

3END

© Coalition to Abolish Slavery & Trafficking (CAST), 2006. All Rights Reserved.

What Constitutes Coercion?What Constitutes Coercion?

22 U.S.C. 22 U.S.C. § 7102 Coercion. § 7102 Coercion. The term The term "coercion" means--"coercion" means--

(A) threats of serious harm to or physical (A) threats of serious harm to or physical restraint against any person;restraint against any person;

(B) any scheme, plan, or pattern intended to (B) any scheme, plan, or pattern intended to cause a person to believe that failure to cause a person to believe that failure to perform an act would result in serious harm to perform an act would result in serious harm to or physical restraint against any person; oror physical restraint against any person; or

(C) the abuse or threatened abuse of the (C) the abuse or threatened abuse of the legal process.legal process.

Common MisconceptionsCommon Misconceptions Trafficking requires the crossing of Trafficking requires the crossing of

national or international bordersnational or international borders

Trafficking only involves foreign Trafficking only involves foreign nationals not US citizensnationals not US citizens

You can consent to being traffickedYou can consent to being trafficked

The U.S. Side of Human The U.S. Side of Human TraffickingTrafficking

An An unknownunknown number of number of American citizens and legal American citizens and legal residents are trafficked within residents are trafficked within the country. the country.

Forced to work in sexual Forced to work in sexual servitude and forced labor.servitude and forced labor.

FBI debriefings of sex FBI debriefings of sex traffickers or pimps indicate traffickers or pimps indicate that approx. 20-40% of the that approx. 20-40% of the victims forced or recruited into victims forced or recruited into prostitution were prostitution were juveniles. juveniles.

Source: Chris Swecker, FBISource: Chris Swecker, FBI

Local ResourcesLocal Resources To help access services/benefitsTo help access services/benefits::

Ann LaneAnn Lane at Office of Refugee Resettlement : at Office of Refugee Resettlement : 1-202-401-4732 1-202-401-4732 [email protected]@acf.hhs.gov

Service Providers who specialize in assisting US Service Providers who specialize in assisting US Citizen or LPR survivors:Citizen or LPR survivors:

Covenant House, Los Angeles 323 461-3131 Covenant House, Los Angeles 323 461-3131 Children of the Night, Los Angeles 818 908-4474 Children of the Night, Los Angeles 818 908-4474 The SAGE Project, Inc., San Francisco 415 905-5050The SAGE Project, Inc., San Francisco 415 905-5050 National Human Trafficking Resource Center (NHTRC) 1-888-3737-National Human Trafficking Resource Center (NHTRC) 1-888-3737-

888888

If the child would like to seek criminal chargesIf the child would like to seek criminal charges::Trafficking in Persons and Worker ExploitationTrafficking in Persons and Worker ExploitationTask Force Complaint LineTask Force Complaint Line 1-888-428-7581 1-888-428-7581

Trafficking versus Trafficking versus SmugglingSmuggling

TRAFFICKING:TRAFFICKING:

Contains the elements of Contains the elements of force, fraud, or coercion force, fraud, or coercion (cannot consent to (cannot consent to enslavement) enslavement)

Subsequent exploitation Subsequent exploitation and/or forced laborand/or forced labor

Those trafficked are Those trafficked are seen as victims by the seen as victims by the lawlaw

SMUGGLING:SMUGGLING:

No force, fraud, or No force, fraud, or coercioncoercion

Unauthorized crossing of Unauthorized crossing of bordersborders

Those smuggled are seen Those smuggled are seen as criminals by the lawas criminals by the law

Modern-Day Slavery: Modern-Day Slavery: A Prison Without WallsA Prison Without Walls

Along with:Along with: Physical / Psychological / Sexual abuse/ Physical / Psychological / Sexual abuse/

Physical threatsPhysical threats

Look for:Look for: Long hoursLong hours Little/No payLittle/No pay Withholding documentsWithholding documents Threats of deportationThreats of deportation Threats to family members in home country Threats to family members in home country Isolation Isolation Inhumane Living ConditionsInhumane Living Conditions Denial of access to healthcare servicesDenial of access to healthcare services Having to work when sickHaving to work when sick Not able to refuse customer requestsNot able to refuse customer requests


Things to Look for Things to Look for Especially in Juvenile CasesEspecially in Juvenile Cases Substance abuseSubstance abuse Denial of access to educationDenial of access to education Denial of recreational activitiesDenial of recreational activities No peers/contact with others from No peers/contact with others from

outside worldoutside world Already in the Juvenile Justice SystemAlready in the Juvenile Justice System False documents with incorrect ageFalse documents with incorrect age

Redefining How You Look Redefining How You Look at a Caseat a Case

For example: DCFS defines exploitation as For example: DCFS defines exploitation as “any unethical use of [children] for one’s own “any unethical use of [children] for one’s own advantage or profit.” See Los Angeles County advantage or profit.” See Los Angeles County Department of Children and Family Services Department of Children and Family Services (DCFS). “Assessment of Exploitation.”(DCFS). “Assessment of Exploitation.” According to the Los Angeles County Department of According to the Los Angeles County Department of

Children and Family Services (DCFS) 100 child Children and Family Services (DCFS) 100 child exploitation referrals were made in 2007exploitation referrals were made in 2007

Key Identification Questions Key Identification Questions Recruitment/ Migration: Recruitment/ Migration: Why did you come to the U.S.?Why did you come to the U.S.? Who arranged your travel?Who arranged your travel? How did you get here?How did you get here? Do you owe money for your trip?Do you owe money for your trip? What did you expect when you came?What did you expect when you came? What did you end up doing?What did you end up doing? Were you scared?Were you scared?

IdentificationIdentification:: Do you have any papers?Do you have any papers? Who has them?Who has them?

Working Conditions:Working Conditions: Are you in school?Are you in school? Are you working?Are you working? What kind of work do you do?What kind of work do you do? Are you paid?Are you paid? Do you owe money to your boss or someone Do you owe money to your boss or someone

else?else? Can you leave your job if you want?Can you leave your job if you want?

Living Environment:Living Environment: Where do you live?Where do you live? Who else lives there?Who else lives there? Where do you sleep?Where do you sleep? Are you scared to leave?Are you scared to leave?

CoercionCoercion:: Has anybody ever threatened you to Has anybody ever threatened you to

keep you from running away?keep you from running away? Has anybody ever hurt you to make Has anybody ever hurt you to make

you stay?you stay? Has you family been threatened?Has you family been threatened?

CAST Intake FormCAST Intake FormDate of referral: CAST Staff:

Referent Name/Telephone:

Referent Organization:

First Name: Last Name:

Spouse/Children Names:

Languages: Interpreter: Y N

Age: DOB: Nationality:

Current Address: Town/Region:

Telephone: Ethnicity:

Approx. Date of Escape: From Who/Where:

Type of Trafficking: Approx. Length of Servitude:

How Recruited:

Agreed Transportation to US/fee: Actual Transportation Fee:

Other Agreed Fees: Actual Fees:

Agreed Conditions: Actual Conditions:

Agreed Salary/Payment: Actual Salary/Payment:

Approx. Date of Entry: Entry Method (if known) i.e. Visa:

Restriction of Movement: Y N Documents Withheld: Y N

Abuse: (circle) Physical Emotional Psychological

Threats: Y N (To be determined)

Any Current Threats/Fears: Y N Possible Immediate Action Required: Y N

Current Emergency/Social Service Needs:

Trafficking/Forced Labor

Assigned CAST Staff:

LEA Referral: FBI/AUSA/ICE/DOL/Other

Contact:

Smuggling Labor Exploitation Servile Marriage Trafficking Insufficient Info

Referred out to (Agency/Telephone):

Initial Contact With Initial Contact With Potentially Trafficked PersonsPotentially Trafficked Persons

Victims might often lie about their present circumstances Victims might often lie about their present circumstances AND are unlikely to self-identify as trafficking victimsAND are unlikely to self-identify as trafficking victims..

Recognize the methods involved in hiding or disguising trafficked Recognize the methods involved in hiding or disguising trafficked minors from authoritiesminors from authorities

Establish that you:Establish that you: Have no power to order the person deportedHave no power to order the person deported Do not work for the government or policeDo not work for the government or police Will not take any action without the client’s consentWill not take any action without the client’s consent Represent their interests and no one elseRepresent their interests and no one else

Always use an interpreter even if some English is spokenAlways use an interpreter even if some English is spoken Ask if there is a gender preference Ask if there is a gender preference

Be careful not to impose values or ideasBe careful not to impose values or ideas Be knowledgeable and aware of your position of power in society Be knowledgeable and aware of your position of power in society Find out if other victims are being heldFind out if other victims are being held Be suspicious of private attorneys paid for by traffickerBe suspicious of private attorneys paid for by trafficker

CONTACT AN ATTORNEY IMMEDIATELY TO ASSIST THE CHILDCONTACT AN ATTORNEY IMMEDIATELY TO ASSIST THE CHILD

Safety Considerations When Safety Considerations When Working with Trafficking Working with Trafficking

VictimsVictims Do not try to liberate victims yourselfDo not try to liberate victims yourself

During “extractions,” staff should wait at secondary, During “extractions,” staff should wait at secondary, neutral siteneutral site

Find secure locations for interviewsFind secure locations for interviews

Assess risk level to client, client family, staffAssess risk level to client, client family, staff

Make safety plans based on assessmentsMake safety plans based on assessments

Be mindful of your movementsBe mindful of your movements

Consider relocating victims Consider relocating victims

Do not provide personal information Do not provide personal information


Serving Trafficked Serving Trafficked ChildrenChildren


Wide Range of NeedsWide Range of NeedsImmediate needs:Immediate needs:

Appropriate placementAppropriate placement ProtectionProtection Food Food Medical care Medical care

Mental health, suicide intervention and assessmentMental health, suicide intervention and assessment

Long-term needs:Long-term needs:

Education/Job placementEducation/Job placement Counseling Counseling Legal representationLegal representation Other social services to help rebuild their lives Other social services to help rebuild their lives

Case Management Case Management ServicesServices

Facilitate Access to ServicesFacilitate Access to Services Case Managers/Advocates provide some services directly, Case Managers/Advocates provide some services directly,

but more often, coordinate access to other providers OR but more often, coordinate access to other providers OR assist client do for themselves. assist client do for themselves.

Intensive & Comprehensive Case ManagementIntensive & Comprehensive Case Management Emergency Basic Needs (food, shelter, clothing)Emergency Basic Needs (food, shelter, clothing) Benefits CoordinationBenefits Coordination Supportive Counseling & Support through Legal CaseSupportive Counseling & Support through Legal Case Life Skills Education & Exploitation PreventionLife Skills Education & Exploitation Prevention Employment Prep & AssistanceEmployment Prep & Assistance Access to schoolsAccess to schools Individualized Service PlansIndividualized Service Plans

Crisis Intervention/Supportive CounselingCrisis Intervention/Supportive Counseling

Appropriate Housing PlacementAppropriate Housing Placement© Coalition to Abolish Slavery & Trafficking (CAST), 2008. All Rights Reserved.

Safety Screening FormSafety Screening Form

Use to help assess risk to:Use to help assess risk to: Client/victimClient/victim StaffStaff Family membersFamily members

Create a safety plan with clientCreate a safety plan with client

Refer to another agency if risk is too Refer to another agency if risk is too high for victim to remain in current high for victim to remain in current town, state. town, state.

Case ConfidentialityCase Confidentiality Can make or break a case—Critical impact on the life Can make or break a case—Critical impact on the life

of the individual survivorof the individual survivor

Keep responsible case notes Keep responsible case notes Record only what you need to document services and Record only what you need to document services and

ensure record of events that are relevant to caseensure record of events that are relevant to case

Screen all interpreters Screen all interpreters

Protect the right to privacy and safety by using Protect the right to privacy and safety by using Informed Consents and Authorization for Release of Informed Consents and Authorization for Release of InformationInformation Ensures relationship of trust and respectEnsures relationship of trust and respect Reduces safety risks to allReduces safety risks to all Maintains integrity of all legal proceedingsMaintains integrity of all legal proceedings

Especially important with a child who has an active Especially important with a child who has an active criminal or civil case-expect your notes to be criminal or civil case-expect your notes to be subpoenaed and act accordinglysubpoenaed and act accordingly


Mandatory ReportingMandatory ReportingLimits on confidentiality: Limits on confidentiality:

Section 11166 of the Penal Code:Section 11166 of the Penal Code: requires any child requires any child care custodian, health provider or employee of a child care custodian, health provider or employee of a child protective agency who has knowledge, or reasonably protective agency who has knowledge, or reasonably suspects child abuse, to report it to a child protective suspects child abuse, to report it to a child protective agency immediately.agency immediately.

““Child Care Custodian:”Child Care Custodian:” includes administrators and includes administrators and employees of public or private youth centers, youth employees of public or private youth centers, youth recreation programs or youth organizations; recreation programs or youth organizations; administrators and employees of public or private administrators and employees of public or private organizations whose duties require direct contact and organizations whose duties require direct contact and supervision of children. supervision of children.

Options for Assistance Options for Assistance

Family Reunification/RepatriationFamily Reunification/Repatriation Appropriate shelterAppropriate shelter BenefitsBenefits LegalLegal

ImmigrationImmigration Criminal ProsecutionCriminal Prosecution Civil Law RemediesCivil Law Remedies

Family Reunification?Family Reunification? Family reunification should be Family reunification should be

explored as a priority.explored as a priority.

Ensure:Ensure: Claimants are genuine family membersClaimants are genuine family members Were not a part of the traffickingWere not a part of the trafficking Capable of providing safety for the childCapable of providing safety for the child

Develop a plan for identifying, Develop a plan for identifying, assessing, and communicating with assessing, and communicating with family in long-term care plans.family in long-term care plans.

Repatriation AssistanceRepatriation Assistance For assistance arranging travel, purchasing For assistance arranging travel, purchasing

air tickets, and child accompaniment air tickets, and child accompaniment contact:contact:

IOM WashingtonIOM Washington Carson OsbergCarson Osberg 1752 N Street NW Suite 700, Washington, DC 200361752 N Street NW Suite 700, Washington, DC 20036 E-mail: E-mail: [email protected]@iom.int Phone: 202 862 1826 ext. 227 Fax: 202 862 1879Phone: 202 862 1826 ext. 227 Fax: 202 862 1879

Link with Non-Governmental Organizations Link with Non-Governmental Organizations in country of repatriation to assess family in country of repatriation to assess family situation, safety, available services, situation, safety, available services, accompany client through immigration, etc.accompany client through immigration, etc.

Follow-up with client as appropriateFollow-up with client as appropriate

Appropriate Housing Appropriate Housing PlacementPlacement

Federal ProgramsFederal Programs Unaccompanied Refugee Minors (URM)Unaccompanied Refugee Minors (URM) Division of Unaccompanied Children Division of Unaccompanied Children

Services (DUCS)Services (DUCS)

State Foster CareState Foster Care

Non-Governmental Organization Non-Governmental Organization SheltersShelters

Family PlacementFamily Placement

Unaccompanied Refugee Unaccompanied Refugee Minors (URM)Minors (URM)

The VTVPA provides trafficked children The VTVPA provides trafficked children access to the URM program- the federal access to the URM program- the federal foster care system for refugee childrenfoster care system for refugee children

Only after Office of Refugee Resettlement Only after Office of Refugee Resettlement (ORR) issues a letter of eligibility to a trafficked (ORR) issues a letter of eligibility to a trafficked child can they access the URM program.child can they access the URM program.

17 URM programs in the U.S.17 URM programs in the U.S. Caters to refugee children from all over Caters to refugee children from all over

the world. the world. Provides comprehensive servicesProvides comprehensive services

Family counseling, mental health treatment, Family counseling, mental health treatment, and other social services that the minor may and other social services that the minor may needneed. .

URM in CaliforniaURM in California In 2004, a URM program was established in San Jose, In 2004, a URM program was established in San Jose,

California by Catholic Charities.California by Catholic Charities.

Currently, it has about 10 family placements Currently, it has about 10 family placements

Between foster care and a supported housing program they Between foster care and a supported housing program they are currently able to serve about 25 children.are currently able to serve about 25 children.

The San Jose program has access to all other Catholic The San Jose program has access to all other Catholic Charities services in the region, which includes the services Charities services in the region, which includes the services within its informal network of partners.within its informal network of partners.

They have yet to serve a trafficking victimThey have yet to serve a trafficking victim

Their program providesTheir program provides: Financial support for housing, food, : Financial support for housing, food, clothing, and other necessities for the minor, medical care, clothing, and other necessities for the minor, medical care, intensive case management, independent living skills intensive case management, independent living skills training, training and support for foster parents. training, training and support for foster parents.

For more information, contact Coleen Gulbraa at 408.325.5159 For more information, contact Coleen Gulbraa at 408.325.5159 or or [email protected]@ccsj.org

Division of Unaccompanied Division of Unaccompanied Children Services (DUCS)Children Services (DUCS)

When federal law enforcement encounter When federal law enforcement encounter Unaccompanied Alien Minors (UAM) Unaccompanied Alien Minors (UAM) ineligibleineligible for the for the URM program, they are usually sent to facilities URM program, they are usually sent to facilities operated by the Division of Unaccompanied Children operated by the Division of Unaccompanied Children Services (DUCS), which is housed under the ORR.Services (DUCS), which is housed under the ORR.

DUCS is responsible for providing care to DUCS is responsible for providing care to Unaccompanied Alien Minors until they are either Unaccompanied Alien Minors until they are either released from custody or deported to their home released from custody or deported to their home countries. countries.

There have been reported cases in which There have been reported cases in which child trafficking victims have been identified child trafficking victims have been identified in the DUCS programin the DUCS program

Annie Sovcik, telephone interview with author, February 9, 2006.Annie Sovcik, telephone interview with author, February 9, 2006.

DUCS Services in CADUCS Services in CA

DUCS has a contract with Catholic Charities in Los DUCS has a contract with Catholic Charities in Los Angeles County to provide shelter for children Angeles County to provide shelter for children under its custody.under its custody.

Angel’s Flight, a runaway youth emergency shelter, Angel’s Flight, a runaway youth emergency shelter, is the agency that delivers care to DUCS children is the agency that delivers care to DUCS children under Catholic Charities.under Catholic Charities.

Angel's Flight Emergency ShelterAngel's Flight Emergency Shelter357 South Westlake Avenue, 357 South Westlake Avenue, Los Angeles, CA 90057Los Angeles, CA 90057213-413-2311; 800-833-2499213-413-2311; 800-833-2499

Local Resources in Los Local Resources in Los AngelesAngeles

Private youth shelters and foster care providersPrivate youth shelters and foster care providers

Community-Based Organizations (CBO) and Community-Based Organizations (CBO) and religious groupsreligious groups

Emilio Mendoza: Department of Children and Emilio Mendoza: Department of Children and Family Services – Multi-Agency Response TeamFamily Services – Multi-Agency Response Team

Catholic Legal Immigration Network, Inc.- Catholic Legal Immigration Network, Inc.- (CLINIC)(CLINIC)

Debbie Deem – FBI Victim SpecialistDebbie Deem – FBI Victim Specialist

Access to CA State Access to CA State BenefitsBenefits

SB 1569 provides temporary and immediate SB 1569 provides temporary and immediate access to social services for victims of access to social services for victims of human trafficking, domestic violence and human trafficking, domestic violence and other violent crimes prior to federal other violent crimes prior to federal certification. certification.

SB 1569 benefits end when a child is SB 1569 benefits end when a child is Certified by the federal governmentCertified by the federal government

Establishing SB 1569 Establishing SB 1569 EligibilityEligibility

A Victim of human trafficking who:

Is taking steps to file an application for T-Nonimmigration status visa (T-Visa) or meets the conditions for federal benefits eligibility.

OR Has filed an application for a T-visa.

Must Provide: Must Provide:

1. A sworn statement 1. A sworn statement

2. Documentation to show that a T-visa has been or 2. Documentation to show that a T-visa has been or will be filedwill be filed

A Letter from an attorney assisting the child A Letter from an attorney assisting the child is enoughis enough

Benefits Through Federal Benefits Through Federal CertificationCertification

Victims of a severe form of trafficking Victims of a severe form of trafficking who have been certified by Office of who have been certified by Office of Refugee Resettlement of the Refugee Resettlement of the Department of Health and Human Department of Health and Human Services (HHS) are eligible for benefits Services (HHS) are eligible for benefits to the same extent as to the same extent as refugeesrefugees..

Who Is Eligible For Who Is Eligible For Certification?Certification?

Individual must be determined to be a Individual must be determined to be a victim of a severe form of trafficking victim of a severe form of trafficking by a federal law enforcement agencyby a federal law enforcement agency

OROR Have filed and had a T-visa Have filed and had a T-visa

application approvedapplication approved

Minors Require Minors Require VerificationVerification

Identification is only half of the process. The Identification is only half of the process. The other half involves other half involves verification:verification:

The ORR must The ORR must verifyverify the trafficking status of an the trafficking status of an alien minor before a letter of eligibility can be alien minor before a letter of eligibility can be issuedissued

This is handled on a case-by-case basis.This is handled on a case-by-case basis.[1][1]

[[1]1] Annie Sovcik interview. Annie Sovcik interview.

Certification Benefits For Certification Benefits For MinorsMinors

Once the determination of eligibility has Once the determination of eligibility has been made, children are entitled to federal been made, children are entitled to federal benefits.benefits.

Refugee self-sufficiency Matching Grant Refugee self-sufficiency Matching Grant Program and other ORR discretionary grant Program and other ORR discretionary grant programs benefits programs for victims of programs benefits programs for victims of traffickingtrafficking

Benefit issuing agencies can call ORR’s Benefit issuing agencies can call ORR’s trafficking victim verification line at 866-trafficking victim verification line at 866-401-5510401-5510

Other Resources: Survivor Other Resources: Survivor Services and FundingServices and Funding

Government grantees across the United States can provide services to victims Government grantees across the United States can provide services to victims who cooperate as witnesseswho cooperate as witnesses

Office for Victims of Crime – emergency services for pre-certified victimsOffice for Victims of Crime – emergency services for pre-certified victims Office of Refugee Resettlement – provides certification for refugee benefits Office of Refugee Resettlement – provides certification for refugee benefits

eligibility for victims of severe form of trafficking in personseligibility for victims of severe form of trafficking in persons

Emergency Witness Assistance Program (EWAP) fundsEmergency Witness Assistance Program (EWAP) funds

Victims of Crime Act (VOCA) funds, crime victim compensation go to: Victims of Crime Act (VOCA) funds, crime victim compensation go to: http://www.boc.ca.gov/Victims.htm#Eligiblehttp://www.boc.ca.gov/Victims.htm#Eligible

Possible discretionary funds from government agencies Possible discretionary funds from government agencies

Free services/clinicsFree services/clinics

Be creative and advocate strongly if you think your client is eligible to apply Be creative and advocate strongly if you think your client is eligible to apply for or receive servicesfor or receive services

The Legal FrameworkThe Legal Framework

ImmigratioImmigrationn

Criminal Criminal CivilCivil

Attorney’s Immigration Attorney’s Immigration AssistanceAssistance

Immigration attorneys help trafficked Immigration attorneys help trafficked clients assess clients assess their immigration their immigration status, as well as:status, as well as:

Pursue a T or U visa, Asylum status, Special Pursue a T or U visa, Asylum status, Special Immigrant Juvenile visa (SIJS), etc.Immigrant Juvenile visa (SIJS), etc.

Coordinate with derivative applicants in their Coordinate with derivative applicants in their country of origin (family etc).country of origin (family etc).

Assist with repatriation (if safe and Assist with repatriation (if safe and appropriate).appropriate).

Used with permission of Kathleen KimUsed with permission of Kathleen Kim

Immigration StatusImmigration Status

Forms of relief specific for human Forms of relief specific for human trafficking victims provided by the TVPA:trafficking victims provided by the TVPA:

Temporary relief through Continued Temporary relief through Continued Presence (CP)Presence (CP)

Possibility to adjust status to legal Possibility to adjust status to legal permanent residency through T-Visa or permanent residency through T-Visa or U-Visa.U-Visa.

What Is Continued What Is Continued Presence?Presence?

Provides temporary immigration relief to Provides temporary immigration relief to potential witnesses who are victims of severe potential witnesses who are victims of severe forms of trafficking, including:forms of trafficking, including: Work authorizationWork authorization

Good for 1 year but can be extendedGood for 1 year but can be extended Federal benefits for up to 8 monthsFederal benefits for up to 8 months

Only Federal law enforcement agents can Only Federal law enforcement agents can request CP request CP However, since children do not have to However, since children do not have to

cooperate with law enforcement-weigh risks cooperate with law enforcement-weigh risks and benefits prior to seeking this form of and benefits prior to seeking this form of relief.relief.

What Is A T-Visa?What Is A T-Visa? Enables certain victims of human trafficking Enables certain victims of human trafficking

to live and work in the U.S. for four years.to live and work in the U.S. for four years.

Children can petition to bring parents and Children can petition to bring parents and unmarried siblings under the age of 21 to the unmarried siblings under the age of 21 to the U.S.U.S.

Can receive government benefits, including Can receive government benefits, including cash assistance, for up to 8 monthscash assistance, for up to 8 months

Can apply for Green Card after three yearsCan apply for Green Card after three years

Who Is Eligible For A T-Who Is Eligible For A T-Visa?Visa?

ELEMENTS:ELEMENTS: Is, or has been, a victim of severe form of trafficking in Is, or has been, a victim of severe form of trafficking in

personspersons

Is physically present in the U.S. on account of such Is physically present in the U.S. on account of such traffickingtrafficking

Has complied with reasonable request for assistance in Has complied with reasonable request for assistance in the investigation or prosecution of acts of trafficking the investigation or prosecution of acts of trafficking

Children under 18 do Children under 18 do notnot need to meet this need to meet this criterioncriterion

Would suffer extreme hardship involving unusual and Would suffer extreme hardship involving unusual and severe harm upon removal from the U.S. severe harm upon removal from the U.S.

Other Forms of Other Forms of Immigration ReliefImmigration Relief

U Visa:U Visa:For victims of certain criminal activity who suffered For victims of certain criminal activity who suffered substantial physical or mental abusesubstantial physical or mental abuse

Asylum:Asylum:For persons who have suffered or fear persecution For persons who have suffered or fear persecution based on race, religion, nationality, political opinion or based on race, religion, nationality, political opinion or membership in a particular social group in country of membership in a particular social group in country of originorigin

Special Immigrant Juvenile Status (SIJS): Special Immigrant Juvenile Status (SIJS): Children eligible for long-term foster care due to abuse, Children eligible for long-term foster care due to abuse, neglect or abandonment when return to home country neglect or abandonment when return to home country not a viable optionnot a viable option

Violence Against Women Act (VAWA): Violence Against Women Act (VAWA): Allows certain battered immigrants to file for Allows certain battered immigrants to file for immigration relief without abuser’s assistance or immigration relief without abuser’s assistance or knowledgeknowledge

Criminal ProsecutionCriminal Prosecution

Adapted from: CAST Presentation Adapted from: CAST Presentation © Freedom Network 2003© Freedom Network 2003


Federal CrimesFederal Crimes

18 U.S.C. § 1581 Peonage (Debt Bondage) 18 U.S.C. § 1581 Peonage (Debt Bondage) 18 U.S.C. § 1583 Enticement into slavery 18 U.S.C. § 1583 Enticement into slavery 18 U.S.C. § 1584 Sale into involuntary servitude18 U.S.C. § 1584 Sale into involuntary servitude 18 U.S.C. 18 U.S.C. § § 1589 Forced Labor1589 Forced Labor 18 U.S.C. 18 U.S.C. § § 1590 Trafficking Into Servitude1590 Trafficking Into Servitude 18 U.S.C. 18 U.S.C. § § 1591 Sex Trafficking 1591 Sex Trafficking 18 U.S.C. 18 U.S.C. § § 1592 Document Servitude (up to 5 1592 Document Servitude (up to 5

years)years) 18 U.S.C. 18 U.S.C. § § 1590 Trafficking Into Servitude1590 Trafficking Into Servitude 18 U.S.C. 18 U.S.C. § § 1591 Sex Trafficking 1591 Sex Trafficking 18 U.S.C. 18 U.S.C. § § 1592 Document Servitude (up to 5 1592 Document Servitude (up to 5

years)years) 18 U.S.C. 18 U.S.C. § § 2251a Selling or Buying of Children2251a Selling or Buying of Children 18 U.S.C. § 242318 U.S.C. § 2423 TransportationTransportation

California State LawCalifornia State LawAB 22AB 22

Created a new felony Penal Code Created a new felony Penal Code section 236.1 which prohibits section 236.1 which prohibits Human TraffickingHuman Trafficking

Prioritized victim protection along Prioritized victim protection along with prosecutionwith prosecution

Reporting a Case to Law Reporting a Case to Law EnforcementEnforcement

Child MUST have an attorney to consult with to make this Child MUST have an attorney to consult with to make this decision.decision.

Minors do NOT need to report cases to receive federal OR Minors do NOT need to report cases to receive federal OR State benefits and immigration status.State benefits and immigration status.

Some Minors may WANT to seek justiceSome Minors may WANT to seek justice

Ensure they understand consequences of this decisionEnsure they understand consequences of this decision

Once come forward can be compelled to testifyOnce come forward can be compelled to testify

Minors can be detained as material witnessesMinors can be detained as material witnesses

Could see increased threats to family in home countryCould see increased threats to family in home country

Length of time involved in case can be one to two yearsLength of time involved in case can be one to two years

May need to talk about acts that expose her to criminal May need to talk about acts that expose her to criminal liability i.e. prostitution, drugs, document fraud, etc. liability i.e. prostitution, drugs, document fraud, etc.

The Criminal Process: The Criminal Process: What To ExpectWhat To Expect

Government agencies may not be Government agencies may not be accustomed to cooperating with community accustomed to cooperating with community agencies and vice versaagencies and vice versa

Case may take one to two years to Case may take one to two years to completecomplete

Investigation and prosecution will be re-Investigation and prosecution will be re-traumatizing to the victimtraumatizing to the victim

NGOs may or may not be allowed to NGOs may or may not be allowed to participate in the processparticipate in the process Advocate for your agencyAdvocate for your agency

Criminal Case Advocacy Criminal Case Advocacy cont.cont.

Victim’s attorneys assist their clients to Victim’s attorneys assist their clients to cooperate with law enforcement agents bycooperate with law enforcement agents by::

Informing them of their rights and role as a Informing them of their rights and role as a witnesswitness

Preparing them to testifyPreparing them to testify

Explaining timelines and criminal processExplaining timelines and criminal process

Assisting with temporary restraining orders Assisting with temporary restraining orders against traffickersagainst traffickers

Following-up after trial with victim impact issues, Following-up after trial with victim impact issues, restitution, return of property, documents, etc.restitution, return of property, documents, etc.

Providing legal case managementProviding legal case management

Civil LitigationCivil Litigation


Civil RemediesCivil Remedies Civil attorneys help their clients recover Civil attorneys help their clients recover

compensation and other damages from the compensation and other damages from the traffickers by:traffickers by:

Pursuing the private right of action provided by Pursuing the private right of action provided by the TVPRA.the TVPRA.

Filing wage and hour complaints with the Filing wage and hour complaints with the Department of Labor.Department of Labor.

Filing discrimination complaints with the Equal Filing discrimination complaints with the Equal Employment Opportunity Commission.Employment Opportunity Commission.

Filing private suits for violations of the Fair Filing private suits for violations of the Fair Labor Standards Act, CA labor code, intentional Labor Standards Act, CA labor code, intentional torts and other civil rights laws.torts and other civil rights laws.

Used with permission of Kathleen KimUsed with permission of Kathleen Kim

Rewards of Working With Rewards of Working With Trafficked and Enslaved Trafficked and Enslaved

PersonsPersons New field of victim servicesNew field of victim services

Highly motivated clients/witnessesHighly motivated clients/witnesses

Assisting an “un-served” Assisting an “un-served” populationpopulation

Laws exist to assist and protect Laws exist to assist and protect survivors (federal and state)survivors (federal and state)

Justice for survivorsJustice for survivors

This is human rights work This is human rights work dedicated to protecting the most dedicated to protecting the most basic right to bodily integrity and basic right to bodily integrity and freedomfreedom

““I feel that I have been I feel that I have been

reincarnated… I have gained my reincarnated… I have gained my freedom.”freedom.” - - CAST ClientCAST Client

El Monte Sweatshop Workers, 1999

Photo Feruzzi/Los Angeles Times


If you identify a trafficking If you identify a trafficking survivor please contactsurvivor please contactStephanie Richard,Stephanie Richard, Managing AttorneyManaging Attorney

Coalition to Abolish Slavery Coalition to Abolish Slavery & Trafficking (CAST)& Trafficking (CAST)

(213) 365-1906 ext. 115(213) 365-1906 ext. 115 stephanie [email protected]@castla.org

www.castla.orgwww.castla.org

Copyright NoticeCopyright Notice

©© All rights reserved 2008. No part of this All rights reserved 2008. No part of this training curriculum may be reproduced, training curriculum may be reproduced, transmitted in any form or by any means, transmitted in any form or by any means, electronic, mechanical, photocopying, electronic, mechanical, photocopying, recording, or otherwise, without the prior recording, or otherwise, without the prior expressed written permission of Coalition to expressed written permission of Coalition to Abolish Slavery & Trafficking (CAST).Abolish Slavery & Trafficking (CAST).