The Struggle to Assist Victims/Survivors in the U.S.

The U.S. Trafficking Victims Protection Act was originally passed to “combat trafficking in persons…to ensure just and effective punishment of traffickers, and to protect the victims." The TVPA established the T-Visa as a means to grant legal status/residence to individuals identified as victim of "severe forms of trafficking." While the original goals of the TVPA and T-Visa were to increase aid given to victims/survivors and more effectively combat trafficking in the U.S., the actual implementation of these tools has been poor and inconsistent. (Moreover, the limited and misleading definition of "severe forms of trafficking" listed as a T-Visa requirement significantly reduces the number of victims/survivors that the U.S. is able or willing to identify and assist). The following is an excerpt from a research paper prepared by Lauren Dawson at the University of Southern California:

While the U.S. does allow adjustments in legal status to be made, the TVPA limits the number of “aliens” who may be given legal residence through the T-Visa to no more than 5,000 per fiscal year. But the U.S. government estimates 17,500 people are trafficked into the U.S. every year, according to the most recent data—which means that at most only 28 percent of trafficking victims will be given refuge in the U.S. each year. In reality, only 1,318 T-Visas were granted between 2000 and 2008.[1] What’s more, older reports estimate significantly higher numbers of victims trafficked into the US each year. The Trafficking in Persons Report in 2002 actually put the estimate at 50,000, and in 2003 the estimate was 20,000 victims. Using an average of 20,000 victims per year, the U.S. granted T-Visas to less than one percent of trafficking victims between 2000 and 2008.

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[1] Polaris Project. "Human Trafficking Statistics." Dream Center. Polaris Project, 2007. Web. 4 Apr 2010. .

One of the biggest problems with the T-Visa is that in order for victims to receive services (including specialized medical care, psychological services, and legal aid) they must first comply with any "reasonable request" to assist in the investigation or prosecution by local, state, or federal law enforcement. Dawson expands on this issue in her research:

This stipulation clearly turns “helping victims of trafficking” into a prosecution-focused endeavor, rather than the rehabilitation-focused process it was originally intended to be. The only exception to this requirement is if the victim is determined to be unable to cooperate with an investigation due to severe physical or psychological trauma resulting from trafficking. But this clause was not actually added until the TVP Reauthorization Act of 2008. Prior to this clause, there was no consideration given for victims suffering from severe psychological and physical trauma and who could not reasonably participate in an investigation. Until this modification was put into place, traumatized victims who were not able to meet “complex eligibility requirements and cooperate with law enforcement officials,” were deemed “ineligible for most protections” and services and therefore could be (and frequently were) deported.[1] But most victims of trafficking undergo severe physical, sexual, and psychological trauma. A number of separate studies on the impacts of human trafficking have agreed that “severe psychological and physical abuse, as well as struggling to survive under extreme and at times life-threatening conditions, marks the typical context of trafficking.”[2]^,[3],[4]

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[1] Sadruddin, Hussein, et al. "Human Trafficking In The United States: Expanding Victim Protection Beyond Prosecution Witnesses." Stanford Law and Policy Review 16. (2005): 379-416. Web. 1 May 2010.

[2] Yakushko, Oksana. "Human Trafficking: A Review for Mental Health Professionals." International Journal for the Advancement of Counseling 32. (2009): 158-167. Web.

[3] IOM. Report of the counter-trafficking unit: Return and reintegration project. Brussels, Belgium: International Organization for Migration, 2002. Print.

[4] United Nations. Feature on human trafficking. New York: United Nations Office on Drugs and Crime, 2007.

Victims of trafficking need comprehensive counseling and medical treatment in order to address the psychological and physical scars inflicted upon them traffickers, pimps/brothel owners, and clients. They experience extreme levels of abuse and human rights violations--and because these crimes are being committed against them in the United States, the U.S. has a responsibility to provide rehabilitation and protection to victims of trafficking. And these services must be provided regardless of a victims willingness or ability to cooperate with law enforcement. Other issues with T-Visa requirements include the very vaguely defined likelihood of "extreme hardship involving unusual or severe harm" to the victim if deported; the arbitrary "severe form of trafficking" requirement (because "only" being a victim of "sex trafficking" just isn't enough to deserve protection); and the access to services being dependent on victim cooperation.
   
But there are a number of other problems with the implementation of the TVPA as well. For instance, federal funding is only provided to service providers in order to assist witnesses. Once a victim becomes unable or unwilling to participate further in the investigation/prosecution, she immediately loses access to the rehabilitative services  provided by federal funding. That means that organizations and shelters trying to help trafficking survivors must find alternative funding sources if they want to help the vast majority of victims that the TVPA does not help. But very few NGOs are able to assist victims outside of the requirements of federal funding. It is difficult to find enough independent funding to provide costly services like shelter, legal assistance, medical care, language assistance, job training, and therapy.
   
How many people are falling through these gaping cracks every year? The T-Visa requirements need to be changed, and the implementation of the TVPA must be revised if we are going to adequately serve the tens, if not hundreds of thousands of victims being cycled through the United States. The U.S. has undoubtedly made significant strides in fighting human trafficking over the last decade. But there is still a significant amount of work to be done. The promise of change through a "victim-focused" approach has failed to happen. There is not enough being done to identify and protect victims.
   
For more information on the Trafficking Victims Protection Act, check out these resources:

1. LAFLA Guide to Federal Statutes
2. Polaris Project Statistics Sheet
3. Rescue & Restore Campaign