Long title | An Act to protect persons of foreign birth against forcible constraint or involuntary servitude. |
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Enacted by | the 43rd United States Congress |
Effective | June 23, 1874 |
Citations | |
Public law | Pub. L. 43–464 |
Statutes at Large | 18 Stat. 251 |
Codification | |
Titles amended | 18 U.S.C.: Crimes and Criminal Procedure |
U.S.C. sections created | 18 U.S.C. ch. 77 §§ 1581–1588 |
Legislative history | |
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Padrone Act of 1874 (18 Stat. 251) was authorized by the 43rd United States Congress and enacted into law in the United States on June 23, 1874. The Act of Congress was a response to the exploitation of immigrant children dependent on forced begging which criminalized the practice of enslaving, buying, selling, or holding any person in involuntary servitude.
According to the US Department of State brochures and resources on human trafficking and slavery, the 1874 statute is recognized being a milestone legal force as regards to the vulnerabilities of human chattel condition and law of the United States. [3] In sum, the law was an anti-slavery law and the first human trafficking law criminalizing the slavery, buying and selling of Italians and Sicilians.
In the chronology of slavery, the University of Houston shows that in 1874 Congress enacted the Padrone statute "to prevent the practice of enslaving, buying, selling, or using Italian children" as street musicians and urchins. [4]
1948 Federal criminal law is amended to enact 18 U.S.C. §§ 1581–1588, which ban peonage and involuntary servitude. The amendments are a consolidation of the 1874 Padrone Statute (formerly 18 U.S.C. § 446 (1940 ed.)) and the 1808 Slave Trade statute, as amended in 1909 (18 U.S.C. § 423 (1940 ed.)). [5]
In the 1870s, according to the New York Times article "Slavery in New York", Aug. 21, 1873, the New York Times addresses Italian and Sicilian slavery that exists in 1873. This is referenced in the US Department of Labor resources [6]
United States legislation establishing criminal punishment and penal code as related to peonage and slave trade purposes for the contiguous United States.
Date of Enactment | Public Law Number | Statute Citation | Legislative Bill | Presidential Administration |
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March 4, 1909 | P.L. 60-350 | 35 Stat. 1088 | S. 2982 | Theodore Roosevelt |
The Thirteenth Amendment to the United States Constitution abolished slavery and involuntary servitude, except as punishment for a crime. The amendment was passed by the Senate on April 8, 1864, by the House of Representatives on January 31, 1865, and ratified by the required 27 of the then 36 states on December 6, 1865, and proclaimed on December 18. It was the first of the three Reconstruction Amendments adopted following the American Civil War.
The United States Code is the official codification of the general and permanent federal statutes of the United States. It contains 53 titles. The main edition is published every six years by the Office of the Law Revision Counsel of the House of Representatives, and cumulative supplements are published annually. The official version of these laws appears in the United States Statutes at Large, a chronological, uncodified compilation.
The Mann Act, previously called the White-Slave Traffic Act of 1910, is a United States federal law, passed June 25, 1910. It is named after Congressman James Robert Mann of Illinois.
Peon usually refers to a person subject to peonage: any form of wage labor, financial exploitation, coercive economic practice, or policy in which the victim or a laborer (peon) has little control over employment or economic conditions. Peon and peonage can refer to both the colonial period and post-colonial period of Latin America, as well as the period after the end of slavery in the United States, when "Black Codes" were passed to retain African-American freedmen as labor through other means.
Involuntary servitude or involuntary slavery is a legal and constitutional term for a person laboring against that person's will to benefit another, under some form of coercion, to which it may constitute slavery. While laboring to benefit another occurs also in the condition of slavery, involuntary servitude does not necessarily connote the complete lack of freedom experienced in chattel slavery; involuntary servitude may also refer to other forms of unfree labor. Involuntary servitude is not dependent upon compensation or its amount. Prison labor is often referred to as involuntary servitude. Prisoners are forced to work for free or for very little money while they carry out their time in the system.
The United States Statutes at Large, commonly referred to as the Statutes at Large and abbreviated Stat., are an official record of Acts of Congress and concurrent resolutions passed by the United States Congress. Each act and resolution of Congress is originally published as a slip law, which is classified as either public law or private law (Pvt.L.), and designated and numbered accordingly. At the end of a congressional session, the statutes enacted during that session are compiled into bound books, known as "session law" publications. The session law publication for U.S. Federal statutes is called the United States Statutes at Large. In that publication, the public laws and private laws are numbered and organized in chronological order. U.S. Federal statutes are published in a three-part process, consisting of slip laws, session laws, and codification.
A T visa is a type of visa allowing certain victims of human trafficking and immediate family members to remain and work temporarily in the United States, typically if they report the crime to law enforcement, and agree to help them in the investigation and/or prosecution of the crime(s) committed against them. It also allows close family members of the victims to come to the United States legally.
The Victims of Trafficking and Violence Protection Act of 2000 (TVPA) is a federal statute passed into law in 2000 by the U.S. Congress and signed by President Clinton. The law was later reauthorized by presidents Bush, Obama, and Trump. In addition to its applicability to US citizens, it has the ability to authorize protections for undocumented immigrants who are victims of severe forms of trafficking and violence.
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The Stop Exploitation Through Trafficking Act of 2013 (SETT) is a bill that would require each state, within three years, to have in effect legislation that: (1) treats a minor who has engaged or attempted to engage in a commercial sex act as a victim of a severe form of trafficking in persons, (2) discourages the charging or prosecution of such an individual for a prostitution or sex trafficking offense, and (3) encourages the diversion of such individual to child protection services.
The Stop Advertising Victims of Exploitation Act of 2014 is a bill that would prohibit knowingly benefitting financially from, receiving anything of value from, or distributing advertising that offers a commercial sex act in a manner that violates federal criminal code prohibitions against sex trafficking of children or of any person by force, fraud, or coercion. The bill would make it a felony to post prostitution ads online.
The Human Trafficking Prevention Act is a bill that would require regular training and briefings for some federal government personnel to raise awareness of human trafficking and help employees spot cases of it.
The Peonage Abolition Act of 1867 was an Act passed by the U.S. Congress on March 2, 1867, that abolished peonage in the New Mexico Territory and elsewhere in the United States.
Sex trafficking in the United States is a form of human trafficking which involves reproductive slavery or commercial sexual exploitation as it occurs in the United States. Sex trafficking includes the transportation of persons by means of coercion, deception and/or force into exploitative and slavery-like conditions. It is commonly associated with organized crime.
Labor trafficking in the United States is a form of human trafficking where victims are made to perform a task through force, fraud or coercion as it occurs in the United States. Labor trafficking is typically distinguished from sex trafficking, where the task is sexual in nature. People may be victims of both labor and sex trafficking.
The history of forced labor in the United States encompasses to all forms of unfree labor which have occurred within the present day borders of the United States through the modern era. "Unfree labor" is a generic or collective term for those work relations, in which people are employed against their will by the threat of destitution, detention, violence, lawful compulsion, or other extreme hardship to themselves or to members of their families.
From the late-18th to the mid-19th century, various states of the United States of America allowed the enslavement of human beings, most of whom had been transported from Africa during the Atlantic slave trade or were their descendants. The institution of slavery was established in North America in the 16th century under Spanish colonization, British colonization, French colonization, and Dutch colonization.