Victims of Trafficking and Violence Protection Act of 2000

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Victims of Trafficking and Violence Protection Act of 2000
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Other short titlesWilliam Wilberforce Trafficking Victims Protection Reauthorization Act
Long titleAn Act to combat trafficking in persons, especially into the sex trade, slavery, and involuntary servitude, to reauthorize certain Federal programs to prevent violence against women, and for other purposes.
NicknamesTrafficking Victims Protection Act
Enacted bythe 106th United States Congress
EffectiveOctober 28, 2000
Citations
Public law Pub. L. Tooltip Public Law (United States)  106–386 (text) (PDF)
Codification
Acts amended2003, 2006, 2008
Legislative history
  • Introduced in the House as H.R.3244 by Chris Smith (RNJ) on November 8, 1999
  • Passed the House on May 9, 2000 (Voice Vote)
  • Passed the Senate on July 27, 2000 (Unanimous consent)
  • Signed into law by President Bill Clinton on October 28, 2000
Major amendments
Human Trafficking Prevention Act of 2022

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. [1]

Contents

History

The Trafficking Victims Protection Act was subsequently renewed in 2003, 2006, 2008 (when it was renamed the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008). The law lapsed in 2011. In 2013, the entirety of the Trafficking Victims Protection was attached as an amendment to the Violence Against Women Act and passed. [2] There are two stipulations an applicant has to meet in order to receive the benefits of the T-Visa. First, a victim of trafficking must prove/admit to being a victim of a severe form of trafficking and second must be a part of the prosecution of his or her trafficker. This law does not apply to immigrants seeking admission to the United States for other immigration purposes.

Pub. L. Tooltip Public Law (United States)  115–93 (text) (PDF) reauthorized the TVPA in 2018, as part of the Trafficking Victims Protection Act of 2017. [3]

Since the law requires the applicant to become part of the prosecution of his or her trafficker, trafficked persons may be fearful of retaliation upon the self or the family and thus serves as a major deterrent to individuals even considering application. The law contains provisions for protection of those who are categorized as victims of human trafficking, primarily for sex, smuggling, and forced labor forms of exploitation.

The TVPA allowed for the establishment of the Department of State's Office to Monitor and Combat Trafficking in Persons, which coordinates with foreign governments to protect trafficking victims, prevent trafficking, and prosecute traffickers. [4]

Amendments

Proposed

Determinations

On September 27, 2016, President Barack Obama made a Presidential determination on Foreign Governments' Efforts Regarding Trafficking in Persons Consistent with section 110 of the Trafficking Victims Protection Act of 2000 (the "Act") (22 U.S.C. 7107). [9]

On September 30, 2017, President Donald Trump made a Presidential determination under 22 U.S.C.   § 7107 (Respect to the Efforts of Foreign Governments Regarding Trafficking in Persons). [10] [11]

See also

Related Research Articles

<span class="mw-page-title-main">Sex trafficking</span> Trade of sexual slaves

Sex trafficking is human trafficking for the purpose of sexual exploitation. It has been called a form of modern slavery because of the way victims are forced into sexual acts non-consensually, in a form of sexual slavery. Perpetrators of the crime are called sex traffickers or pimps—people who manipulate victims to engage in various forms of commercial sex with paying customers. Sex traffickers use force, fraud, and coercion as they recruit, transport, and provide their victims as prostitutes. Sometimes victims are brought into a situation of dependency on their trafficker(s), financially or emotionally. Every aspect of sex trafficking is considered a crime, from acquisition to transportation and exploitation of victims. This includes any sexual exploitation of adults or minors, including child sex tourism (CST) and domestic minor sex trafficking (DMST).

<span class="mw-page-title-main">Violence Against Women Act</span> United States crime legislation

The Violence Against Women Act of 1994 (VAWA) is a United States federal law signed by President Bill Clinton on September 13, 1994. The Act provided $1.6 billion toward investigation and the prosecution of violent crimes against women, imposed automatic and mandatory restitution on those convicted, and allowed civil redress when prosecutors chose to not prosecute cases. The Act also established the Office on Violence Against Women within the U.S. Department of Justice.

T nonimmigrant status, commonly referred to as a T visa, is a nonimmigrant status 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. Despite being colloquially referred to as a visa, T status is not technically a visa, because it is issued to individuals who are already inside the United States.

According to the U.S. Government's Trafficking in Person's (TIP) Report, Singapore is a destination country for foreign victims trafficked for the purpose of labor and commercial sexual exploitation. Over the years, victims of trafficking in Singapore have come from many countries throughout Asia such as India, Thailand, the People's Republic of China, Sri Lanka, Bangladesh, the Philippines, Cambodia, Vietnam, Burma and Malaysia. Many of these people travel to Singapore voluntarily for work in different industries such as construction, manufacturing, or commercial sex. The use of deception about working conditions, debt bondage, the unlawful confiscation of travel documents, confinement and/or physical or sexual abuse is utilized by traffickers to force victims into involuntary servitude. The U.S. TIP Report also notes a small quantity of Singaporeans engaging in and/or promoting child sex tourism abroad. The U.S. State Department's Office to Monitor and Combat Trafficking in Persons placed the country in Tier 1 in 2020.

<span class="mw-page-title-main">Human trafficking in South Africa</span>

Human trafficking in South Africa occurs as a practice of forced labour and commercial sexual exploitation among imported and exported trafficked men, women, and children. Generally, South African girls are trafficked for the purposes of commercial sexual exploitation and domestic servitude, while boys are used for street vending, food service, and agriculture. Anecdotal evidence suggests that South African children can also be forced to provide unpaid labor for landowners in return for land occupancy, living accommodation, or for maintaining labor tenancy rights. In any case, this form of unpaid labor has caused human trafficking to be described as a modern form of slavery. Human trafficking is the result of a combination of several factors, including gender inequality, economic instability, and political conflict. Since Africa experiences all of these, it is an active hub for human trafficking. Many urge for the need of a cultural shift to reduce instances of human trafficking by lessening the demand for sex and unpaid labor.

According to the United States Department of State, "Thailand is a source, destination, and transit country for men, women, and children subjected to forced labour and sex trafficking." Thailand's relative prosperity attracts migrants from neighboring countries who flee conditions of poverty and, in the case of Burma, military repression. Significant illegal migration to Thailand presents traffickers with opportunities to coerce or defraud undocumented migrants into involuntary servitude or sexual exploitation. Police who investigated reaching high-profile authorities also received death threats in 2015.

<span class="mw-page-title-main">Human trafficking in the United Kingdom</span>

The United Kingdom (UK) is a destination country for men, women, and children primarily from Africa, Asia, and Eastern Europe who are subjected to human trafficking for the purposes of sexual slavery and forced labour, including domestic servitude. It is ranked as a "Tier 1" country by the US Department of State, which issues an annual report on human trafficking. "Tier 1" countries are those whose governments fully comply with The Trafficking Victims Protection Act's minimum standards for the elimination of trafficking. The TVPA is a federal statute of the United States. It is believed that some victims, including minors from the UK, are also trafficked within the country. It is also believed that migrant workers are trafficked to the UK for forced labour in agriculture, construction, food processing, domestic servitude, and food service. Source countries for trafficking victims in the UK include the United Arab Emirates, Lithuania, Russia, Albania, Ukraine, Malaysia, Thailand, the People's Republic of China (P.R.C.), Nigeria, and Ghana. Precise details about the extent of human trafficking within the UK are not available, and many have questioned the validity of some of the more widely quoted figures. In 2020, the US State Department estimated that there were 13,000 trafficking victims in the UK.

Human trafficking in Israel includes the trafficking of men and women into the country for forced labor and sex slavery. The country has made serious efforts to reduce the problem in recent years and now ranks 90th out of 167 countries who provide data. Identification of victims, criminal justice work and efforts to co-ordinate with business and government agencies has been concerted in reducing this problem in the last decade.

<span class="mw-page-title-main">Office to Monitor and Combat Trafficking in Persons</span> USA government agency

The Office to Monitor and Combat Trafficking in Persons (J/TIP) is an agency within the United States Department of State charged with investigating and creating programs to prevent human trafficking both within the United States and internationally. The office also presents the Trafficking in Persons Report annually to Congress, concerning human trafficking in the U.S. and other nations. This report aims to raise awareness about human exploitation and trafficking, and to prevent it. The office's goals are to make the public aware, protect victims, take legal action against violators, establish necessary and just sentences for criminals, and train law enforcement individuals. The office is led by the United States Ambassador-at-Large to Monitor and Combat Trafficking in Persons.

<span class="mw-page-title-main">Human trafficking in the United States</span>

In the United States, human trafficking tends to occur around international travel hubs with large immigrant populations, notably in California, Texas, and Georgia. Those trafficked include young children, teenagers, men, and women; victims can be domestic citizens or foreign nationals.

Ireland is one of many destination countries for women, men, and children trafficked for the purposes of commercial sexual exploitation and forced labor. In its 2018 and 2019 Trafficking in Persons Report, the United States Department of State's Office to Monitor and Combat Trafficking in Persons noted that Ireland had been downgraded from a tier 1 to a tier 2 country, meaning it was no longer meeting "the minimum standards for the elimination of trafficking but [..] making significant efforts to do so". The 2018 report highlighted "only three prosecutions" and "deficiencies in victim identification and referral" as reasons for the downgrading.

Egypt is a source, transit, and destination country for women and children who are subjected to trafficking in persons, specifically forced labor and forced prostitution.

<span class="mw-page-title-main">Blue Heart Campaign</span> Anti-trafficking program by the UNODC

The Blue Heart Campaign is an international anti-trafficking program started by the United Nations Office on Drugs and Crime (UNODC). Established in 1997, the UNODC supported countries in implementing three UN drug protocols. In 2000, after the UN General Assembly adopted the Protocol to Prevent, Suppress and Punish Trafficking in Persons, the UNODC became the “guardian” of that protocol and assumed the functions of fighting against human trafficking. The Blue Heart Campaign was launched in March 2009 by the Executive Director of the UNODC, Antonio Maria Costa, during his address to the World's Women's Conference meeting in Vienna. The campaign's symbol is a blue heart. The Blue Heart Campaign uses its website, as well as Facebook, Twitter, YouTube, and Flickr to communicate goals, objectives, and news with the public.

<span class="mw-page-title-main">Child Soldiers Prevention Act</span>

The Child Soldiers Prevention Act (CSPA) is a United States federal statute signed into law by President George W. Bush on December 23, 2008, as part of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008. The law criminalizes leading a military force which recruits child soldiers. The law's definition of child soldiers includes "any person under 18 years of age who takes a direct part in hostilities as a member of governmental armed forces."

<span class="mw-page-title-main">Trafficking in Persons Report</span> Annual report by U.S. State Department

The Trafficking in Persons Report, or the TIP Report, is an annual report issued since 2001 by the U.S. State Department's Office to Monitor and Combat Trafficking in Persons. It ranks governments based on their perceived efforts to acknowledge and combat human trafficking.

<span class="mw-page-title-main">Justice for Victims of Trafficking Act of 2013</span> Proposed human trafficking legislation

The Justice for Victims of Trafficking Act of 2013 is a bill that would authorize the appropriation of $25 million annually over the 2015-2019 period for the United States Department of Justice (DOJ) to provide grants to states and other recipients aimed at improving the enforcement of laws against human trafficking and to assist victims of such crimes. According to newspaper The Hill, the bill would "impose an additional fine of $5,000 on any person convicted of crimes related to sex trafficking, sexual abuse, sexual exploitation of children or human smuggling."

<span class="mw-page-title-main">Justice for Victims of Trafficking Act of 2015</span> United States law

The Justice for Victims of Trafficking Act of 2015 is an Act of Congress introduced in the Senate on January 13, 2015, and signed into law by United States President Barack Obama on May 29, 2015. It is also known as the JVTA. Broadly speaking, it aimed to increase services for survivors of human trafficking as well as to strengthen and empower law enforcement and first responders.

<span class="mw-page-title-main">Sex trafficking in the United States</span>

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.

Trafficking of Korean women in the United States has been practiced for over a few decades and is known to be a transnational social problem. These women have either been kidnapped, groomed, recruited and usually transported to domestic and or foreign land by use of; threats, coercion, fraud or physical and verbal abuse. Korean women have been sexually exploited, forced to commit strenuous labor, and or transport illegal product, such as drugs, that are smuggled by use of their bodies in some cases. Trafficking of Korean women has been practiced since the late 1930s in Asia. Victims can range from pre-teen years of age to their thirties or later. Korean women are often stigmatized in the United States, as being women who are here in the states as sex workers. Over time, U.S. contributions toward combatting human trafficking amongst Korean women have been issued. Law enforcement agencies and several departments of U.S. government have provided these women a way out of the trafficking culture, whether they identify as voluntary or involuntary sex workers. As Korean women, their identity plays a unique role in how different forms of systematic oppression affects them.

Over time, there has been an increase in sex trafficking in Central America. Because of the lack of financials, work opportunities and studies, women and men see sex work as the solution to their problems. In addition, the living conditions, poverty, and gang violence are the reason as to why a lot of people have been coerced into sex trafficking. These countries are working with their government and other countries in order to create laws to fight against sex trafficking.

References

  1. Siskin, Alison; Wyler, Liana Sun (May 1, 2014). "Trafficking in Persons: US Policy and Issues for Congress". Congressional Research Service.
  2. "Breaking News: Violence Against Women Act & Trafficking Victims Protection Reauthorisation Act Passed". Not For Sale. Archived from the original on 28 December 2013. Retrieved 23 May 2013.
  3. "S.1312 - 115th Congress (2017-2018): Trafficking Victims Protection Act of 2017". 21 December 2018. Archived from the original on 2019-10-17. Retrieved 2019-10-29.
  4. "About Us." U.S. Department of State. Office to Monitor and Combat Trafficking in Persons, n.d. Web. 01 Apr. 2013.
  5. 1 2 "H.R. 3530 - Summary". United States Congress. Archived from the original on 20 May 2014. Retrieved 19 May 2014.
  6. Marcos, Cristina (16 May 2014). "Next week: Lawmakers to debate defense and drones". The Hill. Archived from the original on 19 May 2014. Retrieved 19 May 2014.
  7. Marcos, Cristina (24 July 2014). "House passes bills to prevent human trafficking". The Hill. Archived from the original on 28 July 2014. Retrieved 24 July 2014.
  8. "H.R. 4449 - Summary". United States Congress. 24 July 2014. Archived from the original on 28 July 2014. Retrieved 24 July 2014.
  9. "Presidential Determination -- Foreign Governments' Efforts Regarding Trafficking in Persons". 27 September 2016.
  10. "Presidential Determination With Respect to the Efforts of Foreign Governments Regarding Trafficking in Persons". JURIST . United States: JURIST Legal News & Research Services, Inc. University of Pittsburgh School of Law. October 27, 2017. Archived from the original on November 7, 2017. Retrieved November 1, 2017.
  11. "Presidential Determination for the Secretary of State with Respect to the Efforts of Foreign Governments Regarding Trafficking in Persons". Federal Register . Washington, D.C.: National Archives and Records Administration. September 30, 2017. Archived from the original on October 28, 2017. Retrieved November 1, 2017.

Further reading