Final Report of the Subcommittee on Domestic Trafficking

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Trafficking victims are minors and many without homes to be reestablished in.Therefore, housing for <strong>the</strong>se victims <strong>of</strong> Domestic Trafficking is also a substantial issue.If <strong>the</strong>y are placed in foster homes or residential programs, <strong>the</strong>re must be appropriatelysensitive and highly trained individuals who have specific knowledge and experiencewith commercial sexual exploitation issues, to serve as a special advocate, above andbeyond regularly assigned social workers/case managers. Counseling by licensedpr<strong>of</strong>essionals with specific training and prior experience in cases <strong>of</strong> youth withcommercial sexual exploitation issues, as well as medical attention is necessary for <strong>the</strong>seyoung victims <strong>of</strong> Trafficking, <strong>of</strong> which many are deeply psychologically wounded andhave sexual injuries and/or sexually transmitted diseases. Reintegration is <strong>of</strong> <strong>the</strong> utmostimportance for <strong>the</strong>se victims <strong>of</strong> Domestic Trafficking and <strong>the</strong> need to know that <strong>the</strong>yhave a peer support group, which understands <strong>the</strong> issues <strong>the</strong>y are facing because <strong>of</strong> <strong>the</strong>irown past experiences and knowledge; specifically as young women who were forced togrow up much too quickly. Victims <strong>of</strong> crime should, first and foremost, be "made whole"through compensation from <strong>the</strong>ir <strong>of</strong>fenders. Children should have a right to victimcompensation for injuries <strong>the</strong>y've suffered. Independent advocacy for <strong>the</strong> child can be <strong>the</strong>key to getting services that a victimized child requires, especially in our systems withlimited funding for those services. It is unconscionable that children may have to waituntil completion <strong>of</strong> legal proceedings to get aid. They should have, as Article 8.1(d) <strong>of</strong><strong>the</strong> Protocol indicates, all support <strong>the</strong>y need during <strong>the</strong> course <strong>of</strong> proceedings. A childvictim who suffers personal injury, under our Federal Law on child sexual exploitation,has a legal right to sue <strong>the</strong>ir <strong>of</strong>fender for recovery <strong>of</strong> actual damages, which are by lawpresumed to be no less than $50,000 in value plus <strong>the</strong> costs <strong>of</strong> bringing <strong>the</strong> action. It isunfortunate though that even with such laws few children ever receive a single dollarfrom <strong>the</strong>ir perpetrator's assets. The Special Advocate can assist <strong>the</strong> child in a variety <strong>of</strong>ways in protecting <strong>the</strong>ir legal rights in obtaining compensation for <strong>the</strong> physical andmental injuries <strong>the</strong>y have suffered.• Problems with Identifying International Trafficking Victims:It is important to ask if <strong>the</strong> determination <strong>of</strong> trafficking victim made. Was it made from<strong>the</strong> prosecutors prospective or from a client centered approach? A person can show that<strong>the</strong>y knew <strong>the</strong>y were coming to <strong>the</strong> US for <strong>the</strong> purposes <strong>of</strong> prostitution and still be avictim <strong>of</strong> trafficking. Coercion, force and fraud can happen before, during or after aperson arrive in this country. Four to five days is not an adequate time to determine <strong>the</strong>senuances to <strong>the</strong> law. Being defined as a trafficked victim and <strong>of</strong>fered continued presencedoes not and should not be confused with <strong>the</strong> prosecutor’s ability to press charges andobtain a guaranteed conviction.The United States law looks at trafficking as a humanitarian issue. Under <strong>the</strong> law, <strong>the</strong>victim <strong>of</strong> trafficking will be provided immigration status on a humanitarian basisregardless <strong>of</strong> whe<strong>the</strong>r <strong>the</strong>y will testify or not. So <strong>the</strong> immigration status is not and shouldnot be tied to <strong>the</strong> court proceedings. Again time, <strong>the</strong> large number <strong>of</strong> victims andpotential victims, and goals <strong>of</strong> <strong>the</strong> prosecutors need to be carefully assessed in order todetermine status and provisions afforded to <strong>the</strong> women involved in <strong>the</strong> raids.78
Following are examples <strong>of</strong> how this concept affects different solutions in <strong>the</strong> UnitedStates and in Europe.The immigration status <strong>of</strong> a victim <strong>of</strong> trafficking is very important. First, we have torecognize that <strong>the</strong> trafficked victim is entitled to basic rights. One <strong>of</strong> <strong>the</strong>se rights is <strong>the</strong>right to have an immigration status.In European countries <strong>the</strong>re is something called a reflection period. The reflection perioddoes not exist under <strong>the</strong> U.S. law. It exists under <strong>the</strong> "Council Directive <strong>of</strong> April 29,2004, on <strong>the</strong> Residence Permit Issued to Third-Country Nationals who are Victims <strong>of</strong>Trafficking in Human Beings or who Have Been <strong>the</strong> Subject <strong>of</strong> an Action to FacilitateIllegal Immigration, who Cooperate with <strong>the</strong> Competent Authorities." Thanks to <strong>the</strong>reflection period, <strong>the</strong> victim can choose whe<strong>the</strong>r to go back to her country <strong>of</strong> origin orcooperate with authorities and report o<strong>the</strong>r cases <strong>of</strong> trafficking.The period under <strong>the</strong> European Convention is at least 30 days. The Directive does notspecify a period. It says it is up to <strong>the</strong> country to decide on <strong>the</strong> reflection period.Belgium is generous and decided for a 45-days period, while in Germany <strong>the</strong> reflectionperiod lasts for 28 days. In <strong>the</strong> United States, we do not have a reflection period. And Iwould like to make <strong>the</strong> case that <strong>the</strong> European model with <strong>the</strong> reflection period is a goodmodel. Given <strong>the</strong> known nuances <strong>of</strong> determining a person to be a victim <strong>of</strong> severe form<strong>of</strong> trafficking, bonding with <strong>the</strong> perpetrator, <strong>the</strong> denial <strong>of</strong> violence, even when violence ishappening as a condition <strong>of</strong> coping and surviving, shame and stigma associated withsexual exploitation, rape and prostitution in <strong>the</strong> country <strong>of</strong> origin, etc., much more timefor reflection and stabilization is needed before status and deportation is determined.Traffickers take advantage and exploit <strong>the</strong> lack <strong>of</strong> social and legal protection. Thetrafficking victims are subjected to force or coercion at some point: ei<strong>the</strong>r when <strong>the</strong>y arerecruited, during transport or on entry into or during work. In this context particularscrutiny is called for.• The status and protection <strong>of</strong> <strong>the</strong> victim in <strong>the</strong> fight against human traffickingdeserve particular attention.• For <strong>the</strong> victims to be able to free <strong>the</strong>mselves from relationships <strong>of</strong> violence andlife contexts in which <strong>the</strong>y are permanently threatened by violence, <strong>the</strong>y needcomprehensive social and economic support but also legal assistance. Effectiveempowerment starts with <strong>the</strong> granting <strong>of</strong> a strong legal status.• The legalization <strong>of</strong> <strong>the</strong> status <strong>of</strong> a trafficked person is a crucial element in anyeffective victim and witness protection strategy, and may help to assist a muchgreater number <strong>of</strong> trafficked persons, who would normally not dare to seek refugefor fear <strong>of</strong> deportation.• A secure, a safe legal status <strong>of</strong> <strong>the</strong> victims is also a prerequisite for support programs to reach <strong>the</strong>m.• A central issue in this context is <strong>the</strong> right <strong>of</strong> (temporary and/or permanent)residence permit would signal to victims that <strong>the</strong> state on whose territory <strong>the</strong>y find<strong>the</strong>mselves sides with <strong>the</strong>m without reservations. And, in addition, it would break79
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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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APPENDIX I: SERVICES AVAILABLE TO V
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II. International VictimsA. Interna
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Legal alien minor children (under 1
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II. International VictimsA. Interna
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A. International victims who are mi
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Department of Heal
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and unmarried dependent children. B
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Final Report of the Subcommittee on Domestic Trafficking

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