The U.S. Response to Human Trafficking: An Unbalanced Approach

The United States' anti-trafficking efforts formally began with the passage of the Trafficking Victims Protection Act (TVPA) of 2000. Since then, the U.S. Government has poured billions of dollars into prevention efforts overseas and prosecution and protection efforts at home. In many ways it provides a model to other countries that are trying to address human trafficking. This report is focused on the United States' efforts to protect trafficked persons found in the United States. Under the TVPA, protections, services and benefits are only offered to trafficked persons who are witnesses assisting law enforcement. This system presents its own challenges in accessing benefits and services, particularly due to law enforcement's anipulation of the system. This is not a case of unforeseen implementation struggles that can be fixed. Instead, at issue is the entire conceptual framework of trafficking as a law enforcement issue and only a law enforcement issue. The results of six years of this approach are becoming startlingly clear -- few trafficked persons coming forward to work with law enforcement. Those who are discovered by law enforcement but refuse or are unable to recount their experiences are not offered any protections and are instead deported. This is an acute problem in particular for trafficked children. The Women's Commission for Refugee Women and Children (Women's Commission) believes that this is an unbalanced approach and that the consequences are grave. While prosecuting traffickers is a just and necessary goal, it should not be accomplished at the expense of the trafficked person. Both objectives can be achieved successfully by adopting a rights-based approach, which entails providing protections to all trafficked persons. It is increasingly acknowledged and recognized even among law enforcement officials that a trafficked person who receives assistance is more likely, willing and able to work with law enforcement. Another issue throwing trafficking protections off balance is the United States' policy which focuses government trafficking efforts on eradicating prostitution, which it conflates with sex trafficking. Efforts at addressing contributing factors to trafficking are laudable but should not be pursued to the exclusion of other efforts. There is a need for immigration and labor reform that would yield dramatic results in protections for trafficked and exploited persons in the informal economy.