Human Trafficking

Abstract
Human trafficking is still a major issue around the world. In an effort to tackle the threat
of human trafficking, the United States passed the Trafficking Victims Protection Act (TVPA) in

2000. President Clinton signed the TVPA into law. It was later reauthorized by President Bush,
      President Obama, and President Trump’s administrations. A number of successes have been
      accomplished as a result of the policy. The Trafficking Victims Assistance Program (TVPA)
      assists victims of severe types of human trafficking. In terms of criminal justice, the TVPA has
      resulted in an increase in the number of those convicted of human trafficking. A few tweaks are
      required to ensure that the program meets the needs of all innocent human trafficking victims.
      Keywords: TVPA, human trafficking, victims

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Introduction
Human trafficking remains a serious problem globally. It is estimated that more than
700,000 people are victims of trafficking annually. Women and children account for a large
percentage of the victims of human trafficking. In 2014, the International Labor Organization
(ILO) estimated that there were more than 20.9 million victims of forced labor globally. The
United States passed the Trafficking Victims Protection Act (TVPA) of 2000 in an effort to
combat the menace of human trafficking (Roby, Turley, & Cloward, 2008). The laws have been
reauthorized by successive administrations. TVPA provides the government with an array of
tools to stop human trafficking and prosecute offenders. It also helps ensure that various
governmental agencies can work together in a well-coordinated manner to assist in stopping
human trafficking.
It is important to evaluate the TVPA to come up with strong conclusions on areas where
the laws have succeeded and areas that need improvement. The benefits of the law are hard to
measure. However, each law is created with a specific goal. To this end, it is important to
evaluate TVPA to better understand whether or not the intended outcomes have been achieved
(Roby, Turley, & Cloward, 2008). Evaluation can help boost better decision-making in the
future. Valuable recommendations on human trafficking can only be made through an in-depth
evaluation of the existing laws. The paper seeks to evaluate the effectiveness of TVPA by
analyzing data on human trafficking as well as various milestones that have been achieved. A
historical overview of the policy and the overall program effectiveness will be discussed in
detail.
Historical Overview

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In the late 20 th century, the problem of human trafficking became a serious issue of
concern (Farrell, 2012). After the conclusion of the Second World War, there was a population
explosion. The explosion was mainly in the developing nations. Various economic factors led to
economic development in some parts of the world while others were impoverished. The result
was a rise in human trafficking as many people were shipped from developing nations to
developed nations. The borders of developed nations such as the United States were highly
permeable, and this helped criminal enterprises to traffick innocent people.
There was increased pressure globally for nations and players in international politics to
stop human trafficking. In November 2000, the United Nations drafted a protocol for punishing,
preventing, and suppressing human trafficking (Beale, 2018). The protocol was designed to
eliminate organized crime and protect victims of trafficking. In the wake of the increased need to
stop human trafficking, the United States passed the TVPA. TVPA defined various forms of
trafficking, including sex trafficking as well as trafficking meant to coerce a person to work for
free. The law also helped in the clarification of trafficking and smuggling. Before its passage,
human trafficking was not recognized as a federal crime in the United States.
TVPA was signed into law by President Clinton. It was later reauthorized by the
administrations of President Bush, President Obama, and President Trump. Congress enacted the
law in a bid to ensure that all issues surrounding human trafficking are addressed (Beale, 2018).
The main problems that the law attempted to remedy include the protection of the victims of
human trafficking, prosecution of individuals involved in trafficking, as well as problems hailing
from the source of human traffickers. Trafficking in Persons and Worker Exploitation Task
Force (TPWETF) has been created in accordance with the provisions of TVPA. The task force
brings together members from the Federal Bureau of Investigations (FBI), the Department of

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Justice, and The Department of Homeland Security (Beale, 2018). The task force also has
individuals drawn from the Executive Office of the U.S. Attorneys as well as the Office of
Victims of Crime and Violence Against Women. TPWETF works closely with all state agencies
to assist the victims of human trafficking as well as training law enforcers on how to combat
human trafficking.
TVPA has been amended nine times, with Congress’s most recent amendment being
passed in 2019. The programs of TVPA have been expanded, and the focus on new renewed
authorities has been emphasized. Penalties for human trafficking have been stiffened. Currently,
enticement to slavery is punishable by a prison term of between 20 and 30 years. Trafficking of
children attracts a sentence of 20 to 25 years (Chisolm-Straker, 2018). Repeat offenders get
double the amount of time, and this is done to ensure that repeat offenders get higher levels of
punishment compared to first-time offenders. Amendments also require the Secretary of State to
submit a list of countries that need to be closely watched to Congress (Chisolm-Straker, 2018).
The report also details the activities undertaken by the government in combatting human
trafficking. In 2020, 46 countries met the criteria of being included in the special watch list. The
countries included some drawn from Africa and Asia (Chisolm-Straker, 2018). The program has
been implemented in all states with no variation in the implementation of the law.
Existing evaluations of the law
To date, TVPA has been reauthorized four times. Each time, the reauthorizations have
been made due to a need to expand and enhance local and federal response to human trafficking
in the U.S. thus, every authorization has been made in response to an evaluation. For example,
after evaluating the TVPA 2000, policymakers realized that the law did not protect survivors of
trafficking and their families (Lopez et al., 2019). they also realized that there was a need to

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amend the Racketeer Influenced and Corrupt Organizations (RICO) to ensure that it included
human trafficking as a crime that warranted prosecution. The law was amended to ensure that
families of survivors of trafficking were protected against deportation (Cecchet, 2019). The
previous law, as it was, did not have a channel through which progress reports would be made.
However, with the 2003 reauthorization, the Attorney General is mandated o submit annual
reports to Congress showing efforts made and successes achieved in the fight against human
trafficking.
The implementation of TVPA has led to several achievements in combating human
trafficking. First, through the criminalization of human trafficking, state provisions for the crime
have been expanded. Many states have legislated human trafficking through criminalization as
opposed to civil remedies (Lopez et al., 2019). Although penalties for the offense of human
trafficking differ widely across the different states, the criminalization of the offense has helped
ensure accountability as action is taken against offenders. Evaluation of the implementation of
the Act has also revealed that there exists a dramatic unevenness in the way state human
trafficking charges are utilized. For instance, data shows that 39% of all identified suspects as of
2016 were from the state of California (Cecchet, 2019).
The law is not consistently applied across the country as suspects are not consistently
charged across different states. TVPA is widely applied when dealing with sex trafficking. This
shows that more work is needed to ensure that the law is applied widely to cover other offenses
such as labor trafficking. Cases related to human trafficking are lengthy, and they involve a long
number of motions and hearing (Judge & Boursaw, 2018). Cases concerning adults take longer
compared to those relating to minors and are also more likely to proceed to trial. When cases
reach the trial stage, defendants have a higher likelihood of facing more severe penalties that is

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the case if they end at the adjudication stage through a plea. The best prosecution approaches and
legal environment are still unclear more than a decade since the implementation of the TVPA.
This is mainly because very few cases relating to human trafficking go up to trial.
Progress varies in the implementation of the law in the different states. For instance, not
all states have legislatively created task forces, director positions, or even steering committees to
improve the collaboration responses to human trafficking. In the 24 states where this has been
done, stakeholders are obligated to study human trafficking and make policy recommendations
on further action to be taken when deemed necessary (Williams, 2017). They are also charged
with helping, administering, and coordinating efforts to combat human trafficking as well as
raise awareness among embers of the public on the same.
Recommendations for future evaluations
TVPA can further be improved to expand its protection. For instance, it lacks safe harbor
mandates. Young and minor victims of human trafficking do not enjoy blanket protection against
arrest or adjudication as delinquents. Some children and adolescents below the age of 18 who
find themselves as victims and survivors of trafficking find themselves being processed formally
in the juvenile justice system (Williams, 2017). However, this is a very punitive approach
considering the fact that these children and minors are victims, not offenders. Trafficked youth
are survivors who face trauma related to their ordeal. They should thus be treated as such and
provided with rehabilitative services aimed at supporting their recovery journey.
The goal of a safe harbor law is to repeal the punitive approach that the TVPA uses when
dealing with minors who find themselves as victims or survivors of human trafficking. The safe
harbor law should be implemented and included in the TPVA reauthorizations in the future to

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ensure that children are directed away from juvenile centers and towards other state agencies
where they will be accorded the protection that they deserve without first being depicted as
criminals (Williams, 2017). Further, the safe harbor laws should also include additional
supplemental elements aimed to protect minors who are victims of trafficking (Gormley, 2022).
The recommendation acknowledges that these laws have been implemented in some fifteen
states, including South Dakota and New Hampshire. However, they are yet to be implemented in
all other states, and this exposes minors in such states to further agony as they get processed as
juveniles, yet they are victims and not offenders.
Additionally, TVPA should be expanded to include ways in which specialized services
can be provided to victims of human trafficking who are also victims of sex trafficking. Women
and girls sometimes find themselves in double jeopardy. They are trafficked and then sexually
harassed. In a study conducted, retired law enforcement held that it was necessary to include
services that are tailored to meet the needs of the children who are victims of sex trafficking
(Green et al., 2019). The officer argued that a twelve-year-old who is a victim of rape from
maybe a close family member, Such as an uncle, and a twelve-year-old, meth-addicted girl who
has been trafficked for three months, do not require similar services. Although both cases are
serious and terrible, they are different in terms of care demands. The addict and victim of
trafficking might be needier compared to the other girl. Given such cases, it is, therefore,
necessary to have a framework for providing care to such victims as well as ensuring positive
outcomes.
TVPA should also include safe harbor laws aimed at helping in the easy identification of
victims of trafficking, specifically minors. The challenge of identification exacerbates the
difficulty of linking victims who are minors to agencies aimed at helping them (Whitchurch,

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2021). Identifications of victims, especially girls who have been trafficked and have also been
assaulted sexually, are difficult. This is because children are not usually identifiable through
prostitution charges. Identification processes entail asking detailed questions to girls with the aim
of ascertaining their legitimacy as victims (Whitchurch, 2021). However, the challenge is that
some of the questions asked are severely invasive and may make respondents give false
responses for fear of being exposed or even judged. This poses a risk of having unidentified
victims. It is, therefore, necessary to include safe harbor laws aimed at addressing the challenge
of identification that continuously hinders the appropriate identification of children and minors
who have been victims of trafficking.
Further, the public should e educated about a wide array of experiences that amount to
human trafficking. Research shows that a huge percentage of members of the public think that
sex trafficking is more prevalent than labor trafficking (Williams, 2017). They also believe that
women and girls face a higher risk compared to men and boys (Bouche et al., 2016). There is
also a misconception that human trafficking is not a person’s community problem as it happens
in the U.S. there is more work that needs to be done to ensure that the public understands the
essence of their engagement and commitment towards generating positive social change. While
TVPA has done quite a lot in combating human trafficking and ensuring offenders are charged,
much more can be achieved with the right contribution among members of the public.
Additionally, public awareness campaigns should be conducted and should especially be
directed to reticent groups. Reticent groups in the U.S comprise whites, males, and Republicans
(Bouche et al., 2016). While white males are highly likely to be least concerned about human
trafficking, they should be the first priority of these campaigns. This is because they make up the
vast majority of officials elected into public office as well as law enforcement officers. The

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public views these individuals as obligated to combat human trafficking. Thus, when they are
made aware of the various forms of trafficking and appropriate identification of victims, then it
will be possible for them to better address human trafficking.
Overall Policy Effectiveness
The policy has achieved a number of successes. TVPA helps victims of severe forms of
trafficking. These benefits include protection and assistance as well as continued residence in the
United States. However, such benefits are only awarded to persons who have been proven to be
victims of severe forms of human trafficking (Nemeth & Rizo, 2019). The victims must also
show that they are willing to assist criminal cases against the perpetrators of these heinous
crimes. This requirement is detrimental to access to justice. On the other hand, the United States
remains the only country that offers permanent residency to victims of human trafficking. The
subsequent reauthorizations of TVPA provide that victims of severe forms of human trafficking
can access T-visas. The provision of victims assisting in criminal investigations weakens the law
and makes it difficult for the victims of human trafficking to enjoy the full benefits provided by
the law.
When the law was being enacted in 2000, the government estimated that 50,000 people
were trafficked into the United States every year. By the year 2005, the number had reduced to
17,000 people every year. The estimation was based on the number of people who were applying
for T-visas (Bonilla & Mo, 2019). The law had thus achieved a significant milestone in reducing
the number of victims of human trafficking. However, many victims of human trafficking have
failed to come forward and apply for the T-visas. The failure of many victims to come forward
has been identified as fear of the unknown. The number of trained federal agents to handle the
issue of trafficking has been insufficient (Roby, Turley & Cloward, 2008). From a criminal

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justice perspective, TVPA has resulted in an increase in the number of criminals convicted for
the charge of human trafficking. Sex trafficking prosecutions have been on the rise, and this has
helped ensure that offenders are punished.
Conclusion
Overall, human trafficking has been a serious issue in the United States and in the world.
The United States passed the TVPA in 2000 with a view to eliminating the problem. The law has
been renewed on several occasions, and this has helped the federal government coordinate with
state governments to reduce human trafficking. TVPA has largely been successful and has
ensured that victims access the much-needed assistance. Criminal prosecutions have also been on
the rise, and this helps ensure that crimes are reduced in society.
A lot has been achieved after the implementation of TVPA as well as after the five
authorizations that have been conducted since 2000. The law has been evaluated several times
and in different states. A lot has been achieved, with the most notable change being the
criminalization of human trafficking in all the states. State provision of human trafficking as a
crime has also been expanded. This has further facilitated the process of combating human
trafficking. However, more needs to be achieved. For instance, expansions should be made to
include safe harbor laws in all states. This will enhance the protection of minors and the
provision of necessary services after they are rescued. Additionally, states should provide special
care services to minors who have survived trafficking as they usually encounter deep trauma in
the process. Also, identification processes should be revised to deal with the many cases of
unidentified survivors of trafficking. TVPA has achieved a lot, and more can be achieved
through continuous evaluation and expansion of the law

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