Victims of Trafficking and Violence Protection Act of 2000

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Victims of Trafficking and Violence Protection Act of 2000
Great Seal of the United States (obverse).svg
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
Codification
Acts amended2003, 2006, 2008
Legislative history
  • Introduced in the Houseas H.R.3244 by Christopher H. Smith on November 8, 1999
  • Passed the House on May 9, 2000 (Voice Vote)
  • Passed the Senate on July 27, 2000 (Unamious consent)
  • Signed into law by President Bill Clinton on October 28, 2000

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.

The Violence Against Women Act of 1994 (VAWA) was a United States federal law signed as Pub.L. 103–322 by President Bill Clinton on September 13, 1994. The Act provided $1.6 billion toward investigation and prosecution of violent crimes against women, imposed automatic and mandatory restitution on those convicted, and allowed civil redress in cases prosecutors chose to leave un-prosecuted. The Act also established the Office on Violence Against Women within the Department of Justice.

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 committed against them. It also allows close family members of the victims to come to the United States legally.

Public Law No: 115-393 (12/21/2018) 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]

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.

Amendments

Proposed

United States Secretary of Health and Human Services government position

The United States Secretary of Health and Human Services is the head of the United States Department of Health and Human Services, concerned with health matters. The Secretary is a member of the President's Cabinet. The office was formerly Secretary of Health, Education, and Welfare.

In parliamentary procedure, a suspension of the rules allows a deliberative assembly to set aside its normal rules to do something that it could not do otherwise. However, there are rules that cannot be suspended.

Determinations

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). [9] [10]

Donald Trump 45th and current president of the United States

Donald John Trump is the 45th and current president of the United States. Before entering politics, he was a businessman and television personality.

Title 22 of the United States Code outlines the role of foreign relations and intercourse in the United States Code.

See also

Related Research Articles

Sex trafficking Trade of sexual slaves

Sex trafficking is human trafficking for the purpose of sexual exploitation, including sexual slavery. A victim is forced, in one of a variety of ways, into a situation of dependency on their trafficker(s) and then used by said trafficker(s) to give sexual services to customers. There are three types of activities defined as sex trafficking crimes: acquisition, transportation and exploitation; this includes child sex tourism (CST), domestic minor sex trafficking (DMST) or other kinds of commercial sexual exploitation of children, and prostitution. Sex trafficking is one of the biggest criminal businesses in the world.

Human trafficking in South Africa

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.

"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. U.S. State Department's Office to Monitor and Combat Trafficking in Persons placed the country in "Tier 2" in 2019.

Human trafficking in the United Kingdom

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 "Countries 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.

Human trafficking in Venezuela

Venezuela is a source, transit, and destination country for men, women, and children trafficked for the purposes of commercial sexual exploitation and forced labor. Venezuela's political, economic, and social concerns contribute to the factors and types of human trafficking in the country. In particular, the severe poverty in Venezuela has increased the rate of human trafficking. Venezuelan women and girls are trafficked within the country for sexual exploitation, lured from poor regions in the nation's interior to urban and tourist areas. Victims are recruited through false job offers and subsequently forced into prostitution or conditions of labor exploitation. Child prostitution in urban areas and child sex tourism in resort destinations such as Margarita Island appear to be growing. Venezuelan women and girls are trafficked for commercial sexual exploitation to Western Europe and Mexico, in addition to Caribbean destinations such as Trinidad and Tobago, Aruba, and the Dominican Republic. Men, women, and children from Colombia, Peru, Ecuador, Brazil, the Dominican Republic, and the People's Republic of China are trafficked to and through Venezuela and may be subjected to commercial sexual exploitation and forced labor. U.S. State Department's Office to Monitor and Combat Trafficking in Persons placed the country in "Tier 3" in 2017.

Jamaica is a source, transit, and destination country for adults and children trafficked for the purposes of sexual exploitation and forced labor.

Coalition to Abolish Slavery and Trafficking (CAST) is a Los Angeles-based anti-human trafficking organization. Through legal, social, and advocacy services, CAST helps rehabilitate survivors of human trafficking, raises awareness, and affects legislation and public policy surrounding human trafficking.

The Arizona League to End Regional Trafficking (ALERT) is a coalition representing partnerships with law enforcement, faith-based communities, non-profit organizations, social service agencies, attorneys and concerned citizens. ALERT helps victims of human trafficking by providing: food and shelter; medical care; mental health counseling; immigration assistance; legal assistance; language interpretation; case management; and other culturally appropriate services throughout the state of Arizona. Through education, outreach and a variety of programs and services, ALERT strives to end the suffering and dehumanization of victims of human trafficking.

Human trafficking in the United States Trade of people in the US

Human trafficking is a modern form of slavery, with illegal smuggling and trading of people, for forced labor or sexual exploitation.

Namibia is a country of origin, transit, and destination for foreign and Namibian women and children, and possibly for men subjected to trafficking in persons, specifically conditions of forced labor and forced prostitution. Traffickers exploit Namibian children, as well as children from Angola and Zambia, through forced labor in agriculture, cattle herding, involuntary domestic servitude, charcoal production, and commercial sexual exploitation. In some cases, Namibian parents unwittingly sell their children to traffickers. Reports indicate that vulnerable Namibian children are recruited for forced prostitution in Angola and South Africa, typically by truck drivers. There is also some evidence that traffickers move Namibian women to South Africa and South African women to Namibia to be exploited in forced prostitution. Namibian women and children, including orphans, from rural areas are the most vulnerable to trafficking. Victims are lured by traffickers to urban centers and commercial farms with promises of legitimate work for good wages they may never receive. Some adults subject children to whom they are distantly related to forced labor or commercial sexual exploitation. Small business owners and farmers may also participate in trafficking crimes against women or children. Victims are forced to work long hours to carry out hazardous tasks, and may be beaten or raped by traffickers or third parties.

Lesotho is a source and transit country for women and children subjected to trafficking in persons, specifically conditions of forced labor and forced prostitution, and for men in forced labor. Women and children are subjected within Lesotho to involuntary domestic servitude and children, to a lesser extent, to commercial sexual exploitation. Basotho victims of transnational trafficking are most often taken to South Africa. Long-distance truck drivers offer to transport women and girls looking for legitimate employment in South Africa. En route, some of these women and girls are raped by the truck drivers, then later prostituted by the driver or an associate. Many men who migrate voluntarily to South Africa to work illegally in agriculture and mining become victims of labor trafficking. Victims work for weeks or months for no pay; just before their promised "pay day" the employers turn them over to authorities to be deported for immigration violations. Women and children are exploited in South Africa in involuntary domestic servitude and commercial sex, and some girls may still be brought to South Africa for forced marriages in remote villages. Some Basotho women who voluntarily migrate to South Africa seeking work in domestic service become victims of traffickers, who detain them in prison-like conditions and force them to engage in prostitution. Most internal and transnational traffickers operate through informal, loose associations and acquire victims from their families and neighbors. Chinese and reportedly Nigerian organized crime units, however, acquire some Basotho victims while transporting foreign victims through Lesotho to Johannesburg, where they "distribute" victims locally or move them overseas. Bathoso children who have lost at least one parent to HIV/AIDS are more vulnerable to traffickers' manipulations; older children trying to feed their siblings are most likely to be lured by a trafficker's fraudulent job offer.

Malawi is primarily a source country for men, women, and children subjected to trafficking in persons, specifically conditions of forced labor and forced prostitution within the country and abroad. Most Malawian trafficking victims are exploited internally, though Malawian victims of sex and labor trafficking have also been identified in South Africa, Zambia, Mozambique, Tanzania, and parts of Europe. To a lesser extent, Malawi is a transit point for foreign victims and a destination country for men, women, and children from Zambia, Mozambique, Tanzania, and Zimbabwe subjected to conditions of forced labor or commercial sexual exploitation. Within the country, some children are forced into domestic servitude, cattle herding, agricultural labor, and menial work in various small businesses. Exploited girls and women become "bar girls" at local bars and rest houses where they are coerced to have sex with customers in exchange for room and board. Forced labor in agriculture is often found on tobacco plantations. Labor traffickers are often villagers who have moved to urban areas and subsequently recruit children from their original villages through offers of good jobs. Brothel owners or other prostitution facilitators lure girls with promises of nice clothing and lodging. Upon arrival, they charge the girl high rental fees for these items and instruct her how to engage in prostitution to pay off the debt. South African and Tanzanian long-distance truck drivers and mini-bus operators move victims across porous borders by avoiding immigration checkpoints. Some local businesswomen who also travel regularly to neighboring countries to buy clothing for import have been identified as traffickers. Reports of European tourists paying for sex with teenage boys and girls continue.

Human trafficking in the Dominican Republic

Human trafficking in the Dominican Republic is the third largest international crime enterprise in the Caribbean, generating 9.5 billion U.S, dollars annually. Local women and children are reportedly subjected to forced sex in the country and throughout the Caribbean, Europe, South America, and the United States. Women from other countries are also brought to the Dominican Republic for prostitution, and an unknown number may have subsequently become trafficking victims, even if they came voluntarily at first. The large population of undocumented or stateless persons of Haitian descent in the country is particularly vulnerable to trafficking.

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.

Trafficking in Persons Report

The Trafficking in Persons Report, or TIP Report, is an annual report issued 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.

Justice for Victims of Trafficking Act of 2013

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."

Human Trafficking Prevention Act

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.

Human trafficking in Florida is the illegal trade of human beings for sexual exploitation or forced labor as it occurs in the state of Florida. After California and New York, Florida has the most human trafficking cases in the United States. Florida has had cases of sex trafficking, domestic servitude, and forced labor.

Sex trafficking 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, and is commonly associated with organized crime.

References

  1. Siskin, Alison; Wyler, Liana Sun (Feb 2013). "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. "Archived copy". Archived from the original on 2019-10-17. Retrieved 2019-10-29.CS1 maint: archived copy as title (link)
  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. Archived from the original on 28 July 2014. Retrieved 24 July 2014.
  9. "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.
  10. "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.