Final Report of the Subcommittee on Domestic Trafficking

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• Forced labor• Commercial sex trade• Domestic servitudeCase management services which help victims access care are in place in some fundedlocations; in o<strong>the</strong>rs it is our job to find providers willing to assist. Since <strong>the</strong> numbers <strong>of</strong>referrals are low, case management services are able to meet <strong>the</strong> need generally. Housingis difficult for all poor people in <strong>the</strong> country; cross-cultural counseling and mental healthservices are difficult to find for trafficking victims as well as for o<strong>the</strong>rs who need <strong>the</strong>m.It is our experience that some housing or shelter space available for trafficking victims isgoing unused. For example, a religious order in sou<strong>the</strong>rn California has agreed toprovide shelter for trafficking victims but <strong>the</strong>ir space has gone largely unused. However,while current services seem adequate to assist <strong>the</strong> small numbers <strong>of</strong> victims identified todate, if <strong>the</strong> State Department numbers were to be a guide as to how many victims areentering <strong>the</strong> United States and might actually need help, services would fall short.Two situations we have been active in are both in New York State but with differentoutcomes. In a large case <strong>of</strong> forced labor in Long Island, NY more than 80 victims,including children with <strong>the</strong>ir families were removed from a trafficking situation, housed,fed and given immigration assistance. Services, especially assistance in applying forimmigration relief, are on-going but generally <strong>the</strong> victims are working legally, getting <strong>the</strong>children in school and rebuilding <strong>the</strong>ir lives. Law enforcement efforts and prosecutionhave been ongoing and some prosecutions and plea bargains have resulted to <strong>the</strong> best <strong>of</strong>my knowledge.A possible forced labor situation was uncovered in Albany, NY, a little more than a yearago. At first it was thought to have about 95 victims and our agencies were requested tobe ready to assist. Law enforcement activity did take place and news articles reportedthat a trafficking case had been uncovered. Although agencies were ready and availableto provide initial housing, legal assistance and related services, <strong>the</strong> victims wereultimately not referred and may have been removed from <strong>the</strong> country. Obviously, wecannot know whe<strong>the</strong>r or not <strong>the</strong> victims would have been able to give information thatwould have been useful to <strong>the</strong> law enforcement agencies in <strong>the</strong> prosecution <strong>of</strong> atrafficking case. But it is <strong>the</strong> sense <strong>of</strong> our agencies and o<strong>the</strong>rs we cooperate with thatrapid removal to detention and from <strong>the</strong> country makes it less likely that <strong>the</strong> actual nature<strong>of</strong> <strong>the</strong> victimization can be uncovered. Victims cannot be cared for nor <strong>the</strong>refore bepersuaded to assist law enforcement. A safe period would be useful.For international child victims who are unaccompanied by adult relatives, <strong>the</strong> referralshave been so few that services have been adequate so far. The children who have beenidentified have been found in:• Commercial sex trade• Domestic servitude• Exploitative labor64
The Federally funded system <strong>of</strong> care for unaccompanied refugee children has generallybeen able to adapt to <strong>the</strong> needs <strong>of</strong> trafficked children. Research and on going training isneeded since this is a new population; much remains to be learned. However, outcomesare generally good. It is easier to provide stellar services to <strong>the</strong> 47 unaccompaniedtrafficked children who have been identified during <strong>the</strong> last four years than to serve <strong>the</strong>possible thousands who may be arriving every year if we are to accept State Departmentestimates.The problem for international child victims is <strong>the</strong> reluctance <strong>of</strong> law enforcement torequest services for possible victims and for HHS reluctance to <strong>of</strong>fer services absent sucha request. As children, <strong>the</strong>y are not always able to explain <strong>the</strong>ir situation or support <strong>the</strong>ircase in a way that is understandable or convincing to a federal law enforcement <strong>of</strong>ficial.Federal <strong>of</strong>ficials are sometimes unwilling to request benefits in situations in which <strong>the</strong>ydo not have enough evidence; thus, no case manager or service provider is funded towork with <strong>the</strong> child. Therefore, children rescued from possible trafficking situations suchas bro<strong>the</strong>ls or bars where prostitution is known to take place are not being determinedeligible for services as trafficking victims, even though <strong>the</strong> law specifically exemptschildren from cooperation with law enforcement. They are given a “notice to appear” infront <strong>of</strong> an immigration judge for probable removal from <strong>the</strong> country. In some o<strong>the</strong>rcases, children are denied benefits, live an unstable life in <strong>the</strong> care <strong>of</strong> “Good Samaritans”but eventually are given a t-visa. But without <strong>the</strong> funded case management serviceswhich come with determination <strong>of</strong> eligibility, it is chancy whe<strong>the</strong>r or not <strong>the</strong> “GoodSamaritans” who are assisting <strong>the</strong>m can provide <strong>the</strong> help <strong>the</strong>y need before T-visa isissued.In one case, a child was held by <strong>the</strong> federal government system for undocumentedchildren. There was some evidence <strong>of</strong> trafficking but <strong>the</strong> word <strong>of</strong> <strong>the</strong> child was difficultto corroborate; she was not picked up while actually engaged in a commercial sex act andfederal law enforcement <strong>of</strong>ficials felt unable to request trafficking benefits. Absent such arequest, HHS did not feel able to <strong>of</strong>fer a letter <strong>of</strong> eligibility for services despite herattorney’s request. The child was released to her mo<strong>the</strong>r who is seriously ill but <strong>the</strong>family was unable to access medical care, food stamps or o<strong>the</strong>r survival services. Thechild’s attorney believed that trafficking relief was possible and persisted with a T-visaapplication. Eventually, <strong>the</strong> child was granted a T-visa and can now receive serviceswhile in <strong>the</strong> care <strong>of</strong> a different relative. However, she did not receive services until 7months after her case was first known by <strong>the</strong> federal government.In ano<strong>the</strong>r fairly recent situation, four children were among possible trafficking victimspicked up in a raid on a bar where prostitution was known to be taking place. A childremoved from <strong>the</strong> same situation a few months ago had been given benefits and is now incare. The children said <strong>the</strong>y were “just having a snack” <strong>the</strong>re and refused to disclose t<strong>of</strong>ederal law enforcement <strong>of</strong>ficials whe<strong>the</strong>r <strong>the</strong>y were engaged in commercial sex. One girlhas said “<strong>the</strong>y know where my family lives.” While circumstances point to childrencoerced to engage in commercial sex, <strong>the</strong> federal <strong>of</strong>ficials active in <strong>the</strong> investigation feltunable to request benefits from HHS for those children. The children have been enteredinto removal proceedings and may be returned to <strong>the</strong>ir country <strong>of</strong> origin.65
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SENIOR POLICY OPERATINGGROUP ON TRA
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MISSION, GOAL AND DEFINITIONSMissio
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We recognized that the</str
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PARTICIPATING AGENCIESDepartment <s
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Summary of Service
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2. For certain Federal means-tested
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Section III - Recommendations for R
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Final Report of the Subcommittee on Domestic Trafficking

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