POSC 401 Exam 2 notes - Mary McDonough PDF

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Mary McDonough...

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Ohio human trafficking1 sting- article ○ A firefighter, college professor and a Cleveland-area city councilman were among 161 people arrested in a sex sting operation last week, described as the state's largest focused on human trafficking. ○ Dubbed "Operation Ohio Knows," the weeklong sting was intended to create a deterrent for those who seek sex for pay or profit, Yost said. Vanessa Perkins ted talk ○ Loved out of the house at 12 and started drinking ○ “Sont, talk, don’t trust, don’t feel” - taught to her family ○ The man tells her all these false promises, he’s attractive, she just wants his attention and falls fo the trap- he prays on her vulnerabilities ○ Everyone in her life betrayed her to the point where she doesn’t trust anyone ○ She was in and out of jail Cassandra Diamond ted talk ○ Retraumatized by telling her story ○ Mental health problems and abuse growing up in her family ○ One summer she was rapped by a stranger, she was harassed by neighborhood boys - she became hypervigilant ■ She was later abused by multi-generational pedophile ■ He told her that her parents wouldn’t love them anymore of she told them and she believed him ○ At 17 she started stripping and go club to club, later she would work for a magazine and meeting dangerous people ○ Her old partner from a magazine called her asking to join their massage parlor ■ It was always full - 10 rooms booked from 40-60 minutes ■ Girls would get a 10% commission if they didn’t get fined, which you could get for anything ■ Had to do the most imaginable acts ■ Police raids happened in these places but no one ever offered her help ○ Had a license as a massage person- which gives them the ability to massage all parts of the body- wasn’t meant to be for sexual purposes but has become that way ■ A legalized brothel ○ Started Bridgenorth ■ offer services to women for peer mentorship, support, medical assistance, food assistance, provide public education, and advocate changes in the law ○ Some people in, or are gotten from foster homes or even given up by their families ○ Kathy and jimmy helped her and brought her out and helped her find herself Behind the story ○ Pimo interviewed so narcissistically he agreed to the interview - not to mention he had a tattoo that says “fuck all bitches” - Matthew Deiaco ■ Would get a girl to fall in love with him, find what makes them broken, and manipulate her to get his money out of her ● Promise this future to them ■ Phoneix says pimp would not let her sleep until she met $1000 a day

Chapter 6 ● Discussion points – about Chapter 6 ○ “Severe” forms of human trafficking (HT) – p. 123 of text. This language in the American TVPA (the 2000 HT federal law) strikes me as an oxymoron. In other words, how could any form of human trafficking not be “severe”? ○ P. 124 of text – What fact is wrong in the concluding paragraph at the top of the page? Think about how quickly things change with HT, given that this edition of the textbook was published in 2018. ○ P. 124 – 3rd paragraph – “The United Nations has recognized the distinction between sex trafficking and prostitution”. Juxtapose that comment with the lead sentence in the concluding paragraph on the same page. The two terms are used quite differently by different authors, but here, it’s happening by the same author – on the same page! Just a point for reflection. ● Sex Trafficking ○ The United Nations has recognized the distinction between sex trafficking and prostitution – in that, with trafficking - the payments/benefits go to the trafficker who is exploiting the sex worker, rather than to the sex workers themselves. The trafficker also decides whether/when/where the sex work occurs. The trafficker has control. ○ Sex Trafficking Victims’ Demographics & Profit made for the Trafficker: ■ Victims: 70% female, 50% are under 18 (So, half of sex trafficking victims are KIDS) ■ A single trafficked child can net $30,000 in profit for the trafficker ■ *As noted on previous slide, the lines can be very blurred between prostitution and trafficking – even as described by the same author. However, CSE involving kids is always trafficking. It is per se trafficking! ● Sex Trafficking ○ Sex trafficking can include NOT just what is commonly viewed as prostitution. It also includes: ■ Child Pornography, Bride trafficking, Sex Tourism ○ Trafficker often has total control, including psychological control, over the victim. Typically, this type of control is more powerful than physical control. ■ Victims are abused by traffickers as well as often by the clients (aka johns) too. ○ Substandard Living Conditions: physical/emotional abuse, health risks, sexual coercion, lack of access to adequate medical attention, inadequate food & poor housing conditions (often shuttling among cheap hotels/motels). ● Sex Traffickers ○ Why do the traffickers do it? Remember, high profit/low risk crime. ■ Lucrative opportunity – the victims make them a lot of money. ■ Considered low risk (not often prosecuted/detected) – hopefully, that will change in the future with increased law enforcement resources as well as focus on the traffickers (pimps) themselves and the customers (johns). ○ Who is responsible for trafficking ?

Not just the “pimp”(trafficker) – the “johns” (customers) are also offenders, but less criminally culpable (responsible) under the law and have not typically been the focus of enforcement in the past. ■ Family members as well as so-called “boyfriends” often are the ones who get the victims involved – the recruiters ■ Trafficker may own a business that can be considered a legitimate front (e.g., massage parlors, nail salons) Sex Trafficking Victims - Profile ○ AGE - average age is: ■ 20 years old in the United States ■ 12 years old outside the United States ○ Many do not speak the host country language ○ Often from large families ○ Typically very poor countries, but also from the US and other 1st world countries ○ The mortality rate for victims of sex trafficking is 40 times higher than the national average. Horrendous rate! Sex Trafficking Victims - Review ○ Sex trafficking occurs in a number of ways: ■ (1) through “force, fraud, or coercion” (remember, the US law’s definition); ■ (2) volunteer to participate in sex work but are later placed in situations where they are forced to perform “unanticipated, undesired and nonconsensual sex acts under inhumane conditions”; [changes from consensual]. ■ (3) any minor under the age of 18 – is per se sex trafficking. Consent is not possible by a child for sexual exploitation. (recall again, the American TVPA law’s definition). ○ Trafficking victims who lack visa documents and are working as prostituted persons in the US are unlikely to report abuse because they’re afraid of being deported. Both US citizens and foreign nationals also often decline to report to police when they are crime victims. ■ May also be perceived by the public as “unworthy of legal assistance” or other types of help due to the pervasive STIGMA. Sex Trafficking, Risk Factors - Review ○ Poverty ○ Dysfunctional families ○ Childhood neglect & abuse (often childhood sexual abuse) ○ LGBTQIA+ youth/young adults ○ Drug addiction ○ Foster care youth, especially those aging out of the system ○ Social media • Immigration issues ○ Military presence ○ Mail order brides Law Enforcement Obstacles ■

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Limited resources - to address the crime of human trafficking. It is a resource-intensive type of crime to investigate/prosecute – especially as to arrest/prosecution of the traffickers themselves, less difficult to catch the customers (johns). On the surface, difficult to distinguish between prostitution and sex trafficking. It can be hard to detect victims, who often do not self-identity as such. Unlike most other crime victims, HT victims usually do not report the crime – due to their own vulnerability, including 1) immigration status (international); or 2) criminal histories (domestic); 3) fear of retaliation by the victims from the traffickers; and 4) language as a barrier (for internationally trafficked). For the above reasons, victims are often uncooperative with law enforcement and prosecutors due to the victims’ fears and vulnerabilities along with their distrust of law enforcement

Chapter 8 ● Learning Objectives ○ Identify the three (3) prongs of the U.S. State Department’s efforts to combat trafficking in persons. This applies to both sex and labor HT. ○ Understand global and domestic challenges to eradicating trafficking in persons. ○ Understand the importance of the T visa classification for victims of trafficking – and its limitations. ○ Evaluate the efficacy of U.S. State Department initiatives to prevent trafficking and to protect victims. ○ Understand and apply the human rights framework to analyze U.S. efforts in the prevention of trafficking in persons ● Human Trafficking: US Law - TVPA ○ TVPA Reauthorization in 2003 added these safeguards: ■ Civil Litigation - Established a FEDERAL CIVIL RIGHT of action for HT victims to sue their traffickers, a federal civil rights lawsuit. ■ Criminal Prosecution - Added HT to the list of crimes that could be prosecuted as a RICO crime (Racketeering Influenced Corrupt Organizations).. ■ Did you spot outdated information in this chapter? Hint – check p. 176, for example ● T Visa -- HT ○ T visa – temporary visa classification in US immigration system for HT victims. ○ Benefits – HT victim may stay in US up to 4 years, which can be extended if law enforcement certifies that the HT victim is needed to assist with ongoing investigation/prosecution of HT. ○ T visa is a pathway to application for permanent resident status – if HT victim is continually present in US for 3 years. ○ Downside of T Visa – HT victim MUST cooperate with law enforcement in the investigation/prosecution of the victim’s trafficker. Most HT victims are too afraid to do so out of fear of retaliation by the trafficker.

In 2009, the US Gov’t issued only 4% of the 5,000 T-Visas permitted by Congress per year. (Text – p. 335). That’s a mere 200 or so people who benefitted from the T-visa in 2009. ○ Fast forward to 9 years later - 2018. ○ According to US Citizenship and Immigration Services (USCIS) 2018 data, the average wait time for a T visa is 10-13 months. ○ The USCIS data from 2018 suggests that even though T visa applications were submitted at a similar pace to those in 2017, the % of approvals of T visas was declining from 33% in 2017 to 16 % in 2018. ○ A change in the process also occurred re: T-visas during the Trump administration. In the past, the denial of a T-visa application did not result in transfer of the file to ICE to start deportation proceedings. That changed. Thus, attorneys for HT victims seeking a T visa needed to carefully review with their clients what the chances may be for a denial of the T-visa application because the T visa application process could increase their chances of deportation, if denied US State Dept. – Role under the TVPA ○ Office to Monitor & Combat Trafficking in Persons (OMCTP) ○ Lead American agency re: global fight against HT ○ “provide funding to support physical & psychological rehabilitation of victims” & “remain in the destination country, to provide authorization to engage in employment… .” (p. 179). ○ Then, read the last paragraph on p. 179 along with first full paragraph on p. 180. What’s your reaction in light of what you’ve learned about the T-Visa? ○ Let’s discuss the irony, especially of the 3rd country repatriation aspect. Trafficking in Persons (TIP) Report – under the TVPA [TIP 2021 Report, issued 7/1/21 – in this week’s module] ○ The primary diplomatic tool for the State Dept. – foreign aid (non-humanitarian & non-trade related) is tied to countries’ TIP tier ranking. ○ Countries in 3 rd & 4th tier ranking – not eligible for foreign aid. Only those in the first two tiers are eligible for US foreign aid. ○ Criteria for tier ranking: (p. 183 of text) ■ Pass & vigorously enforce anti-HT laws; ■ Minimum 4-year prison sentence for HT criminal conviction; ■ Victim services – healthcare, counseling, shelter ■ Fight labor trafficking practices – including excessive fees by labor recruiters and retention of ID documents. ■ Discuss these HT standards held out by the US for other countries to follow. Are any of the above criteria ironic? Global Challenges to Eradicating Human Trafficking ○ The “economic refugee” is a class that has no legal recognition in the immigration law of most countries. Yet, many migrants are leaving poor countries to find work in richer countries. ○

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Economic disparities between countries in the poorer global south and the richer global north have contributed to this economic refugee situation. (Push-Pull dynamic of Supply & Demand) ○ Gender aspect of modern migration: ■ 1960–mid-1980’s – 95% of women migrants were with a spouse or following to join a spouse. ■ Mid-1980’s–present – 95% of women migrants are migrating alone. (While some are for higher education or professional job, most are not). U.S. Foreign Policy Responses to the Crime of Human Trafficking ○ TVPA established 2 US agencies to coordinate anti-HT policy: ■ 1) Cabinet level – President’s Interagency Task Force to Monitor and Combat Trafficking (PITF) - 14 departments & agencies across the federal government; and ■ 2) Senior Policy Operating Group (SPOG) Long acronyms – but not clear what the lines of demarcation are. The descriptions sound bureaucratic, but depends on the commitment of the people who hold leadership positions in the agencies charged with fighting HT. Three examples of US inter-agency cooperation to fight HT ○ 1) Blacklist of foreign goods produced by trafficked persons ■ Homeland Security, Labor, and State – required to maintain lists of foreign products that have been produced by “forced labor, child labor, indentured labor, forced or indentured child labor, and convict labor”. Certain specified goods/products are banned from import into the United States IF produced, mined or manufactured with forced, indentured or convict labor. (Some argue that the US uses prison labor). Other specified goods/products are barred from use by US federal contractors because likely were made by forced or indentured child labor. ■ “These restrictions are designed to discourage producers and manufacturers from viewing the US as a destination market for consumer goods that were produced with forced or servile labor”. (p. 187 – text) But, what about chocolate, clothes – including “fast fashion”, etc? ○ 2). Restrictions on Foreign Aid – ■ Countries in the 3rd and 4th tier ranking in the TIP Report – are not eligible for non-humanitarian, non-trade related foreign aid. ■ Child Soldiers Prevention Act – 2008 No US military assistance to countries known to recruit or use children in the military or countries that provide a haven to nongovernmental armed forces that recruit/use child soldiers. ○ 3). Preferential trade status – Incentive to developing countries to comply with efforts to fight HT Challenges to Implementing Effective Anti-Trafficking Policy ○ US Diplomats serving in embassies/consulates abroad – are often not knowledgeable about HT or the requirements of the TVPA, according to State Dept. Inspector General report (2012) ○

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Questions about the credibility of the annual assessments of countries, as reflected in the TIP Report tier rankings. For ex, the Tier 2 “watch list” – a catch-all for countries that should actually have received a Tier 3 classification. According to the GAO, along with lack of clarity in the tier ranking process, also the narratives are incomplete, and thus, usefulness of the TIP Report is reduced. 2008 – Congress added a new requirement for the TIP country rankings. After two consecutive years on the Tier 2 Watch List, those countries would be downgraded to Tier 3 category. T Visa – more emphasis on assisting law enforcement than on protecting and helping the HT victims. ■ 184 NGO’s (non-governmental organizations) reported incidents of law enforcement officers telling HT victims that they risk losing their benefits if they do not cooperate with law enforcement. ■ Continued presence provision – federal agents may require a HT victim to remain in the US against their wishes if the victim’s departure is considered prejudicial to the interests of the US.

Week 7 Videos ● Human Trafficking: A law enforcement guide video ○ Imagine - 15 and forced to work in a brothel ○ Human trafficking in other words means holding another person in a condition of complelled service - in other words = modern-day slavery ○ People are promised better lives in america either saying they will make money for their family or will be attending school here - neither of that occurs ○ One girl bought for $200 ○ Psychological manipulation - make them think they have no other reasonable alternative why didn’t you escape? - don’t know the land, don’t know the language and pimps say i know where your family is and police won’t believe you. They believe these traffickers ○ Hundred thousands of being being trafficked internationally ○ Tens of thousands within the US every year ○ Person can be trafficked ○ Traffickers make millions and millions a year - it’s in the clothes we wear, the coffee businesses ○ Not allowed to leave until their debt is paid - their debt just rises ○ A case that involved several individuals who were mentally ill in a group home in rural kansas ranged in age from 30-80 - all caucasian has to give all their clothes to the trafficker and were told to year down old barns or repair barbed wire fences ■ Can't look at a certain profile - anyone in a vulnerable situation can be trafficked ○ A human rights issue - not an immigration issue at this point ○ definition of human trafficking: use of force fraud or coercion to obtain or maintain someone in service whether for labor or commercial sexual activity or the use of a minor for commercial sexual activiual regardless wheteher there’s any overt coercion ○ Trafficking vs smuggling

Trafficking ● Not voluntary ● Entails exploitation of a person for labor or services ● Need not entail movement of a person ● Can occur with US citizens domestically or abroad ■ Smuggling ● Voluntary ● Ends after the border crossing ● Involves fees usually paid in advance or upon arrival ● Is always international in nature Police knows where the brothels are, factories are ■ Police came to a house that a trafficker was staying at and she said she was ok ● Lady says they always look down, are scared of others and scared for them to know their situation, avoid questions Indicators of a human trafficking location ■ If you never see them outside but you know they are in there ■ Control communication to their home country ■ Controlled movement - they never seperate ■ Look at security ● Looking at barbed wire - if it pointing in that means it is meant to keep people inside ■ Massage parlor/ escort services advertising exotic women ■ Controlled movement or communication ■ Debt to employer ■ Documents helped by someone else ■ Women in prostetution not speaking english ■ Individuals hidden ■ Victims may avoid eye contact, fear of police, someone speaking for them Cannot treat these people through immigration laws - must treat them like victims All agencies must come together - the most successful stories were when all agencies worked together Who are the traffickers ■ Loosely-based family organizations ■ Single individuals operating independently ■ international / US organized crime How do traffickers operate? ■ Recruiters who lure with false promises ■ Brokers, as middlemen, who sell and transport victims ■ End traffickers who hold, move, trade, sell victims Jessica Donohue - program director, trafficked persons assistance YMCA ■ Meeting the victims concerns ■ Creating a stable environment ■ Help them to get to a place emotionally and mentally to be a good witness Interviewing trafficked victims tops ■

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