scholarly journals Child Labor Trafficking in the United States: A Hidden Crime

2017 ◽  
Vol 5 (2) ◽  
pp. 59-68 ◽  
Author(s):  
Katherine Kaufka Walts

Emerging research brings more attention to labor trafficking in the United States. However, very few efforts have been made to better understand or respond to labor trafficking of minors. Cases of children forced to work as domestic servants, in factories, restaurants, peddling candy or other goods, or on farms may not automatically elicit suspicion from an outside observer as compared to a child providing sexual services for money. In contrast to sex trafficking, labor trafficking is often tied to formal economies and industries, which often makes it more difficult to distinguish from "legitimate" work, including among adolescents. This article seeks to provide examples of documented cases of child labor trafficking in the United States, and to provide an overview of systemic gaps in law, policy, data collection, research, and practice. These areas are currently overwhelmingly focused on sex trafficking, which undermines the policy intentions of the Trafficking Victims Protection Act (2000), the seminal statute criminalizing sex and labor trafficking in the United States, its subsequent reauthorizations, and international laws and protocols addressing human trafficking.

2012 ◽  
Vol 34 (4) ◽  
pp. 24-28
Author(s):  
Karen Dyer ◽  
Nathaniel Dickey ◽  
Sarah Smith ◽  
Hannah Helmy

Human trafficking is a pervasive issue in the United States (Florida State 2003:16). While an estimated 18,000-20,000 persons are trafficked across the nation's borders each year, this may be a dramatic underestimation of actual occurrence due to the hidden nature of human trafficking crimes and the fact that this number does not include domestic trafficking incidents (Florida State 2003:16). Federal anti-trafficking legislation defines "trafficking in persons" to mean those compelled into commercial sex acts (sex trafficking) or labor and services (labor trafficking) through force, fraud or coercion (United States Congress 2000). Although exact data regarding the incidence of human trafficking in Florida are currently unavailable, it is considered a lucrative trafficking hub—often being cited as one of the top three states in which the crime occurs. This is principally because of its agriculture- and tourism-based economy, two industries in which trafficking can thrive with relatively little resistance (Florida State 2003:27). Indeed, Miami International Airport has ranked among the "top points of entry for trafficking" since as early as 1999 (Florida State 2003:28). The lack of comprehensive data also precludes a clear picture of the demographics and nationalities of all trafficked persons in Florida, but figures from the U.S. Conference of Catholic Bishops provide a snapshot of certified victims of trafficking who are receiving federal benefits. In a four-year period ending August 2010, 274 trafficked persons received federal benefits; of these individuals, 127 were female, 147 were male, and the top five nationalities were those from Haiti (81), the Phillipines (65), Mexico (42), Guatemala (13), and Honduras (12) (Florida State 2010:39-40).


2019 ◽  
Vol 180 ◽  
pp. 703-713

Diplomatic relations — Diplomatic agents — Immunity from jurisdiction — Vienna Convention on Diplomatic Relations, 1961 — Article 31(1)(c) — Action by domestic servants against former employers — Certification of diplomatic status of former employers — Exceptions to immunity — Whether employment of domestic servants a commercial activity — Weight to be given to Statement of Interest filed by United States — Whether plaintiffs’ constitutional slavery claim giving way to diplomatic immunity — Whether defendants’ conduct constituting human trafficking — Whether jus cogens exception to diplomatic immunity — Whether Vienna Convention being overridden by statute — Diplomatic agent leaving post — Residual immunity under Article 39 — Immunity limited to acts performed in exercise of official functions — Whether Court lacking jurisdiction — Whether defendants enjoying diplomatic immunityHuman rights — Prohibition of slavery in United States Constitution — Whether conduct constituting trafficking in human beings — Whether constitutional claim giving way to diplomatic immunity — Whether jus cogens exception to diplomatic immunity — Whether Trafficking Victims Protection Act 2000 overriding Vienna Convention on Diplomatic Relations, 1961 — Whether defendants enjoying diplomatic immunityRelationship of international law and municipal law — Treaties — Vienna Convention on Diplomatic Relations, 1961 — United States Constitution — Whether constitutional claim giving way to diplomatic immunity — Whether jus cogens exception to diplomatic immunity — Whether Trafficking Victims Protection Act 2000 overriding Vienna Convention — Whether Court having jurisdiction — The law of the United States


2019 ◽  
pp. 189-193 ◽  
Author(s):  
Meghan Peterson ◽  
Bella Robinson ◽  
Elena Shih

On 11 April 2018, the Fight Online Sex Trafficking Act (FOSTA) was signed into law in the United States. FOSTA introduced new provisions to amend the Communications Act of 1934 so that websites can be prosecuted if they engage ‘in the promotion or facilitation of prostitution’ or ‘facilitate traffickers in advertising the sale of unlawful sex acts with sex trafficking victims.’ While supporters of the law claim that its aim is to target human traffickers, its text makes no effort to differentiate between trafficking and consensual sex work and it functionally includes websites where workers advertise services or share information, including safety tips.[3] Following the law’s passage—and even before its full implementation—sex workers felt its impact as websites began to eliminate platforms previously used to advertise services. Backpage, an adult advertising website, was pre-emptively seized by the FBI. Other platforms began to censor or remove content related to sex work, including Google, Craigslist, and many online advertising networks. Sex workers in the United States have denounced the passage of FOSTA for reducing workers’ ability to screen clients and ensure safety practices. This paper provides an overview of the findings of a recent survey with sex workers in the United States, details the advent of similar initiatives in other countries, and explores how the legislation conflates trafficking with consensual sex work.


2014 ◽  
Vol 653 (1) ◽  
pp. 107-123 ◽  
Author(s):  
Denise Brennan

This article examines the varied consequences that the label “trafficked” holds for migrants and for the organizations that assist them. In the case of migrants from the Dominican Republic to Argentina, threat of U.S. economic sanctions prompted the two governments to document incidents of trafficking by labeling all forms of migrant labor exploitation as trafficking. Collapsing a range of coerced and noncoerced labor experiences under one label has muddied the definition of trafficking. In contrast, U.S. trafficking policy systematically ignores significant exploitation of labor migrants, in part because of the volatile politics of immigration in the United States, and because of the conflation of sex trafficking with trafficking. The article uses these two examples of the effects of labeling exploited workers as trafficking victims to draw attention to the politicization of the term “trafficking.”


2019 ◽  
Vol 134 (4) ◽  
pp. 432-440
Author(s):  
Erica Koegler ◽  
Amanda Mohl ◽  
Kathleen Preble ◽  
Michelle Teti

Objective: The objective of this study was to determine the number, risk factors, and demographic characteristics of potential human trafficking victims from tips reported to a social services agency in a major Midwest metropolitan area from 2008 through 2017. Methods: The agency, comprising 90 employees serving more than 10 000 persons annually, received federal funding to raise awareness about trafficking and to identify and support persons who are at risk for trafficking through training, coalition building, direct outreach and service, and case management. We, the authors, counted the numbers of tips and potential victims reported to the agency by year, type of trafficking, economic sector, sex, region of origin, and age and looked for new risk factors for trafficking. Results: Data were available for 213 tips received from September 1, 2008, through June 30, 2017, and for 82 potential victims identified from July 1, 2011, through June 30, 2017. Labor trafficking (126 tips, 57 potential victims) was more common than sex trafficking (59 tips, 17 potential victims). The number of tips varied during the study period. Tips and potential victims were diverse and included male and female children and adults. Most victims were from Mexico (n = 68), the United States (n = 47), Asia (n = 31), and Central and South America (n = 23). Potential victims were exploited in several industries including agriculture, construction, commercial sex, and landscaping. New risk factors for trafficking were exploitation within marriage and work in the sales industry. Conclusions: Domestic and foreign-born men, women, and children are all at risk for labor and sex trafficking. Direct outreach to foreign-born victims should be a priority. The new risk factors should be explored.


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