Human Rights Research & Training Publications Law Enforcement Guide 001

I wrote the Training Guide 001 guide as a basic protocol actually to help myself to better understand how to identify victims of human trafficking in various areas of the community, and also to share local experience and contact information for cases in Massachusetts.

However, in addition to my research and education on human rights, it was my relationship with the Florida Coalition Against Human Trafficking that taught me how to “think” about this identification process.  Director, Anna Rodriguez was my teacher, and is one of the leading Abolitionists in this fight to end human slavery as it exists in the modern world.  I do not consider myself an expert in this endeavor, only a beginner, but the learning process evolves and the folks who we interact with and who are essentially our teachers should be acknowledged and appreciated.

The goal to emancipate these members of society is so urgent that sometimes we muddle our intentions and get lost in the shuffle somehow, each going their own way.  Unfortunately, the only way to solve these social problems is to “come together and unite” and we will be more efficient.  That is what the criminals do, so must the advocates!  Please let me know if you have any suggestions as you view the following basic training guidebook.

Thank You.
Dr. Ann Marie Aiesi

Human Rights Training and Research Publications
Training Guide 001
Dr. Ann Marie Aiesi, J.S.D. Intercultural Human Rights
Law Enforcement Guide to Identify Victims of Human Trafficking
Copyright © UMI 3428557, 2011, by PRoquest LL C

Although human trafficking crime is difficult to detect, there are some common patterns identified over the last few years that may help law enforcement, advocates and others to identify victims of human trafficking. There is often numerous individuals involved in the trafficking process; recruiters, transporters, guards, safe house operators, tax accountants, managers, business owners, landlords and enforcers who have control over the victims. All of these individuals are considered culpable and as such must be investigated by authorities once a potential victim has been identified. As the key elements of human trafficking crime are force, fraud and coercion, so too, these elements may be used as key indicators of potential trafficking crimes.

Part of the problem is that the community does not believe human trafficking is occurring in their neighborhoods as trafficking is in many cases a “hidden” crime. According to the United Nations estimates, over 2 million victims are being trafficked in the United States and 27 million victims worldwide for forced labor, bonded labor, sex trafficking and other forms of slavery. Human trafficking does exist and is the second largest world crime after drug trafficking; with arms sales as the third largest crime. Law enforcement have been identified as one of the main groups which are successful at identifying potential victims as well as non-government actors and others, but we need to be more proactive and explore new ways to get out in the community and identify victims.

Trafficking Victim Protection Act (TVPA) 2000

Definitions

The TVPA (2000) defines “severe forms of Trafficking in Persons” as

Sex Trafficking: The recruitment , harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act, [1] in which a commercial sex act is induced by force, fraud, or coercion, or in which the person forced to perform such an act is under the age of 18; or

Labor Trafficking: The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage or slavery.

Elements of Trafficking Crime: force, fraud and coercion

Who are victims?

Victims are young men, women and children and are foreigners and U.S. citizens. Victims of trafficking tend to be vulnerable persons who have migrated or been drawn in some way (recruited) to work and live in a different setting. The reality of a new location and unfamiliar circumstances often add to the vulnerability. In many cases, victims also have language and cultural barriers that keep them from understanding what is happening to them. In some cases, domestic victims of human trafficking do know what is happening to them but are extremely afraid to tell anyone or to go to the police. In every case, fear is what keeps victims subjected to often brutal conditions of isolation, slavery, physical and psychological abuse. Some experts believe that the conditions of enslavement of a human trafficking victim are similar to that of a “torture” victim. [2] As a result, victims are extremely sensitive and vulnerable and have lost a sense of human dignity.

Approaching Victims

Officers need to approach potential victims of crime with caution, despite how the victim acts externally (may seem angry, or self-assured) because the victim may be masking painful psychological symptoms. When interviewing a victim, briefly inform the victim who you are and why you are there. Ask the victim how they are doing? It is best if interviews can be done without wearing official dress uniforms (guns, badges) because experts believe that this is less intimidating environment for victims that are probably fearful or arrest or in some cases detention and deportation.

[3] Proceed with interview questions, preferably accompanied by an NGO in their offices, or if the interview must be at the police station, choose a comfortable less threatening environment accompanied by the NGO and if necessary, a translator obtained by law enforcement and not by the potential victim. Translators may be traffickers in disguise or be working for the interests of the trafficker. Similarly, assist the victim to obtain legal representation; someone who is not related to the victim and who is preferably recommended by the NGO.

Debt-bondage

Victims are often subjected to debt-bondage, often incurred through smuggling or traveling expenses (if foreigner) and may owe exorbitant amounts of money.

Traffickers use this debt to threaten victims or their families back home. Victims may need to be told that their debts are often legally un-enforceable; it is illegal for traffickers or employment agencies to dictate terms of the debt. In most cases, the debt continues to amass rapidly as traffickers exploit the situation adding on living expenses. In some cases traffickers impose increased fines on the victim if the victim does not perform their job well or for bad behavior, increasing the debt. Many victims loose track of the amount of the debt, and may not even know if they are getting paid for their work, or how much money is supposedly going towards the debt.

Identification Documents

Traffickers have been known to confiscate the victim’s identification documents, driver’s license, passport, etc. This is another form of control and the way that traffickers are assured victims can not escape.

Victims Do Not Self-Identify

In many cases, victims unfamiliar with the laws or customs of a particular country may not know they are being violated. They may know that the situation does not make them happy or they may, in fact feel miserable, but they do not know what a “victim of human trafficking” is, nor do they identify as such. It is the job of the NGO, or law

enforcement officer, or other person who identifies the victim (lawyer) to help them understand the law and assure them that a fair investigation will follow, should they decide to move forward with a legal approach.

Victim Consent

Before proceeding with the investigation, you must obtain the consent of the victim, unless the victim is in immediate and obvious danger.

If you are not a law enforcement officer you should contact police at (Contact 911) or the DHHS Trafficking Information and 24 Hour Referral Hotline 1.888.3737.888 begin_of_the_skype_highlighting 1.888.3737.888 end_of_the_skype_highlighting

The Hotline will help you to identify whether or not you have encountered a victim of human trafficking and will identify local resources in the community such as social service providers or shelters in the area to help the victim to escape the trafficking situation.

After drug dealing, and tied with the illegal arms industry, Modern day slavery is the second largest and fastest growing crime in the world today!

Please take the time to look a little closer, it may make all the difference in the life of a victim of trafficking and, in most cases, you will find that it will cost you very little to respond cautiously, compassionately and intelligently.

Identifying potential trafficking schemes/ victims

Example: Elements of trafficking crime: force, fraud, coercion

Indicators of force: TVPA

Imprisonment, isolation, bars on windows, living and working in the same location, heavy security, guards at doors, locked residences and fences around property, restricted access to outdoors and transportation systems, freedom of movement restricted.

Physical abuse- bruises, cigarette burns, scratches or scars, branding on skin to signify ownership, untreated illnesses or denial of medical attention, std’s (sexually transmitted disease) and untreated sexually transmitted disease can cause sterility, poor health, extreme fatigue, forced pregnancy or abortion, forced drug use, denial of food.,

Psychological abuse- depression, anxiety, suicide attempts, brainwashing, Stockholm syndrome (identifying with abuser), defense of trafficker (Stockholm Syndrome), romantic relationship with the trafficker.

Disorientation with time or place- Victim may be disoriented with location of residence where living or with date and time. This may be the result of extreme isolation, traumatic stress or drugs induced by the trafficker to gain control over the victim.

Identify victims en route traveling- routine transporting of individual or rotation to other locations, victim always accompanied by another individual sometimes much older in age and may act as a translator for individual, may be a man or women.

Detention and Custody- Victim may be forced to use attorney that they did not choose, therefore attorney should be verified with local NGO who often is aware of many of the immigration attorney’s or non-profit attorney organizations and ethnic organizations which offer legal services.

Rehearsed Stories- Victims in custody, or during an investigation following a brothel or other federal raid often give false statements to police officers regarding their circumstances, such as; “I am working in this job voluntarily so that I can send money home to my children, or for my child who needs an operation, or for my dying parent who needs medicine, etc.

Indicators of fraud: TVPA

False travel documents- passports, immigration documents
False work permit
False employment contract
False promises to victim regarding the type of work promised versus the type of work available
False promises about the salary which is not being honored
False promises about the transportation process: smuggling
Deception about conditions or location of employment
False identity: individual assumes the identity of another
Stealing the identity documents such as a credit card number of another
Victim was coached by trafficker or others about how to answer questions
Individual loss of control of documents during any stage of the trafficking process or unexpected and excessive fees imposed during the trafficking process

Indicators of coercion:

Confiscation of identity and travel documents
Threats made to individual or family of individual
Controlling boss or work site
Victim is not allowed to speak for themselves or ask questions
Individual shows signs of fear, extreme nervousness
Individual not allowed a personal bank account
Individual is not allowed to plan activities
Individual is not allowed to make phone calls
Individual has not agreed to type of work forced to perform but has been coerced
Individual does not know their age or where they are presently living
Individual does not want to tell interviewer what country they are from
Individual does not want to tell interviewer if they have children
Individual does not want to answer questions in general
Individual appears to be despondent, responds with anger or has a negative attitude

How are victims located?

You may encounter victims through the course of investigation of other crimes or in the course of your job. You will need to watch for subtle clues as well as obvious signs of human trafficking. For example, advertisers such as “Craig’s List” and other forms of commercial sex advertisements, or advertisements for modeling, photographers, travel tourism, agricultural work, nannies, domestic servants, etc are often open to investigators.

You may find victims during a routine traffic stop. Traffickers often use large white vans with dark tinted windows, or you may be involved in a drug, or a brothel “raid” of an establishment.

Think about where victims might be allowed to go. Look at prior cases. Victims may go to a department store, (Wal-Mart), to Church, to the grocery store, the pharmacy, the gas station, rest stops, ethnic and fast food, libraries (making copies of false identification). Victims may be at the park watching the children of their employers and may not show outward signs that they are being abuse, but like domestic violence, may reach out to speak to someone there. Victims could also be hidden in the back of establishments or underground laboring in retail establishments such as diamond stores, leather shops, department stores or specialty shops, hair and nail salons and at flea markets.

Carry small information cards, or contact numbers, (small) in the local language of the neighborhood, or in several languages and be prepared to hand one to someone you think may be in danger or enslaved. Be careful not to get the attention of onlookers or employers who could retaliate against the victim after you are gone.

Also, look at the following categories to see some of the recent trends in identification of victims using uncommon methods, organizations and people:

Newspaper and Media Advertisements

Local newspaper advertisements are often conduits to human trafficking. Advertisements for nannies, maids, modeling, dancing, travel tourism, hotel or resort temporary work, trade shows, magazine sales, migrant work, agricultural farming, day labor, mail-order bride, Craig’s List and other internet sources for massage parlor, escort or adult services, etc.

Labor Inspections

Other areas for consideration include regulatory systems for labor such as systems that can act as checks and balances for employers who exploit migrant labor or the labor of citizens. Routine labor inspections may reveal indicators of violence related to human trafficking that could be further explored by law enforcement. Some of those indicators may prove to be the result of force, fraud or coercion, elements of human trafficking.

Law enforcement should investigate the following scenarios as indicated to improve in proactive investigations.

Code Enforcement Inspections/ Housing Inspectors

Code Enforcement have the opportunity to investigate potential human trafficking schemes more easily than local law enforcement because Code Enforcers and Housing Inspectors do not need a warrant to enter property due to the nature of their job. Therefore, NGO’s can work with these agencies to survey a potential case. Inspectors trained in human trafficking have been very helpful in assisting a Florida NGO with potential trafficking cases. [4]

Cable and DSL Internet Installers

Additional organizations that have access to property which may be havens for human trafficking are service employees such as cable television installers, computer service installers of DSL lines and computer repair employees. Training of these valuable workers can help employees to identify potential trafficking schemes. The local police should have regular contact with staff from these untapped and valuable organizations. [5]

Evidence

The elements of human trafficking crime according to the TVPA are force, fraud, coercion.

Forms of evidence:

Documentation
Labor employment contracts
Medical records
Photographs
Witness testimony
Victim testimony
Physical bruises or wounds
Cell phone storage messages
Phone Bills
Bank Statements, Tax information (IRS)
Credit Card Bills
Utility Bills

Signs of Potential Human Trafficking Hot spots

Example: Busy areas with people coming and going in a place that does not or should not warrant that amount of traffic such as a hair salon, barber shop, retail store, smoke shop, lingerie shop, massage parlor, bookstore or magazine, newspaper shop, back door or bar when there are not a lot of patrons cars in the front, a neighborhood visitor that never seems to leave, or that just doesn’t seem right, etc..

There are many types of human trafficking; therefore it can happen just about anywhere. The key thing to remember is that it is not so much in the location, as that would be like finding a needle in a haystack, but instead, in looking at a situation a bit differently, with another set of eyeglasses. Trafficking in persons may be a hidden crime or it may be blatantly out in the open if you know what to look for. Developing an instinct for closer observation will help you identify more cases and assist more potential or actual victims of this crime.

Additional United States Federal and State Laws – Prosecution

The following list represents some additional federal, state and municipal laws to supplement the TVPA or that may be used in place of the TVPA for the prosecution.

• PROTECT ACT: Foreign Sex tourism
• RICO ACT- Racketeering Influenced and Corrupt Organizations; Organized crime, Money laundering, asset forfeiture; Conspiracy to commit, etc.
• The Mann Act: Transportation of an adult or a minor for prostitution (interstate commerce)
• Fair Labor Standards Act (FLSA)
• Migrant and Seasonal Agricultural Workers Protection Act
• Immigration Law- Fraudulent Document Offenses
• Labor violations (DOL)
• Tax evasion Laws (IRS)
• Code Enforcement Laws (Local)
• Kidnapping
• Sexual abuse of a minor
• Prostitution
• Conspiracy
• Aiding and abetting
• human smuggling
• Visa fraud and other forms of fraud: Economic Crime

Other state and federal laws

· The U.S. Attorney’s Office (federal) or the State District Attorney (state laws) is responsible for the investigation and the prosecution of human trafficking crime. However, it is helpful if the police officer who identifies a victim of human trafficking gather as much evidence as possible in the early stages after the initial identification of the victim. Therefore, the initial and subsequent interview or interviews with the victim and the relationship with the NGO is important to establish the basis of the case and begin to obtain evidence to present to the Attorney. Many Attorneys will not take a case if there is not enough evidence at the outset to succeed in bringing a prosecution. Therefore, it is important that the police officer and NGO work together especially in the early stages, but throughout the process, to ensure that the victim has an opportunity for a legal remedy, if that is what is chosen.

· Law enforcement (trained) should have a general understanding about anti-trafficking federal, state and local laws.

Sample Interview Questions

· denotes- depending upon the situation and the point of contact with potential victim (questions are based upon the assumption that this is a potential victim)

• Some concerns have been brought to my attention and I thought maybe you may want to talk about something?
• Are you ok? Hurt?
• What is your name? Age ? (If appropriate)
• Is there anyone controlling you, your decisions?
• Can you come and go as you please?
• Do you have a job? How many hours a week do you work? Overtime, weekends?
• Do you have any breaks? What do you do on breaks?
• Do you have an employment contract? How did you hear about the job?
• Do you receive a salary for your work? Do you owe anyone any money?
• Is your pay ever withheld from you? Why?
• Do you have any identification? * Are you a U.S. citizen? *
• If not a national, ask what country they are from? *
• Do you have a passport? Is someone holding it for you? *Did you take an airplane here? When?
• Do you have an apartment? Home? Are there other people with you? Do you know all of the people at the house?
• Does anyone ever hit you? Beatings? Scars?
• Are you afraid of anyone? Who? Why?
• Has anyone ever threatened your life or your employment? Anyone ever threaten your family or threatened you to hurt your family? Who, Why?
• Do you have children?* Do they live with you? Go to school?*
• Do you send home money? How much and how often?
• Do you ever go out? Do you ever travel? Where? When? Out of the country? Etc.
• Are there bars on your windows? Do you have a house key? Etc.
• Do you have any friends?
• Have you been to the doctor for a check-up recently? Eye doctor? Clinic?
• Have you bought any new clothing? Who paid for it?
• Do you have a debt that you owe your employer?
• If not a U.S. citizen, follow the appropriate line of questioning to determine for human smuggling? Etc.*
• Is there anyone whom you wish to speak with? Do you have a cell phone? Do you have access to a telephone? How often can you use the telephone? Are you alone or does someone guard you? Who? What does he/ she look like? Are you afraid of them?
• Are there any fences surrounding your property? Are the fences or gates locked? Do you have a key? Etc.*
• Is there some other form of work that you want to do?
• Were you promised a job? Was it what you expected?
• Is there anything else that you are concerned about and would like to ask me?
• Do you want us to help you? What would you like us to do?
• Do you think that a crime has been committed against you?
• Do you know what your rights are?
• Would you like to leave this situation? Stay? Why?

Contact Information

National
Trafficking Information and Referral 24 hour Hotline (DOJ)
1.888.3737.888 begin_of_the_skype_highlighting 1.888.3737.888 end_of_the_skype_highlighting

National Center for Missing and Exploited Children
1-800-THE-LOST begin_of_the_skype_highlighting 1-800-THE-LOST end_of_the_skype_highlighting or 1-800-843-5678 begin_of_the_skype_highlighting 1-800-843-5678 end_of_the_skype_highlighting (24 hour)
http://www.missingkids.com/
Callers without access to U.S. toll free system may dial:
001-703-522-9320 begin_of_the_skype_highlighting 001-703-522-9320 end_of_the_skype_highlighting

National Child Pornography Tip-Line
1-800-843-5678 begin_of_the_skype_highlighting 1-800-843-5678 end_of_the_skype_highlighting or
To Report child sexual exploitation
http://www.cybertipline.com/
To Report a Case of Forced Labor, contact the Trafficking in Persons and Worker Exploitation Complaint Line, Free of charge
1-888-428-7581 begin_of_the_skype_highlighting 1-888-428-7581 end_of_the_skype_highlighting
United States Conference of Catholic Bishops (USCCB)
Migration & Refugee Services
202-541-3366 begin_of_the_skype_highlighting 202-541-3366 end_of_the_skype_highlighting
http://www.usccb.org/mrs/traffickingweb.html

Local
Boston District for the U.S. Department of Labor (Wage and Hour Division)
To report and file Complaints for labor violations
617-624-6700 begin_of_the_skype_highlighting 617-624-6700 end_of_the_skype_highlighting
http://www.dol.gov/esa/whd/ OR
Boston District Office, DOL
JFK Building / ESA (Wage and Hour Division)
Room 525,
Boston, Ma. 02203
1-866-487-9243 begin_of_the_skype_highlighting 1-866-487-9243 end_of_the_skype_highlighting

Taunton, Ma. (Wage and Hour Division)
1-866-487-9243 begin_of_the_skype_highlighting 1-866-487-9243 end_of_the_skype_highlighting

Boston Police Human Trafficking Unit
617-343-5783 begin_of_the_skype_highlighting 617-343-5783 end_of_the_skype_highlighting
Sgt. Detective. Donna Gavin
Boston Crimes against Children Unit
617-343-6183 begin_of_the_skype_highlighting 617-343-6183 end_of_the_skype_highlighting

Boston F.B.I: Special Agent Steven Vienneau, Innocence Lost Task Force
617-223-6228 begin_of_the_skype_highlighting 617-223-6228 end_of_the_skype_highlighting; email mhtml:file://C:\Users\Paul\AppData\Local\Microsoft\Windows\Temporary%20Internet%20Files\Content.MSO\WordWebPagePreview\CDD6F883.mht!x-usc:mailto:Steven.Vienneau@ic.fbi.gov

Massachusetts State Police Pi Heseltine
Pi.heseltine@pol.state.ma.us

I.C.E.: Supervisory Special Agent Henry Basile
617.565.4900 begin_of_the_skype_highlighting 617.565.4900 end_of_the_skype_highlighting

Immigration and Customs Enforcement (ICE) 24 Hour
1.866.347.2423 begin_of_the_skype_highlighting 1.866.347.2423 end_of_the_skype_highlighting

Social Service Providers and Immigration Assistance

International Institute of Boston (IIB)
617-695-9990 begin_of_the_skype_highlighting 617-695-9990 end_of_the_skype_highlighting email http://www.iiboston.org/

Project Reach (Dr. Elizabeth Hopper) (For Trauma and psychological assistance)
617-731-3200 begin_of_the_skype_highlighting 617-731-3200 end_of_the_skype_highlighting

Trafficking Victim Outreach Services (TVOS) Boston
617-448-0993 begin_of_the_skype_highlighting 617-448-0993 end_of_the_skype_highlighting

S.E.E.N. Coalition: Susan Goldfarb
617.779.2100 begin_of_the_skype_highlighting 617.779.2100 end_of_the_skype_highlighting

My Life My Choice: Lisa Goldblatt- Grace
617.699.4998 begin_of_the_skype_highlighting 617.699.4998 end_of_the_skype_highlighting

Kim’sProject:617.779.2133email mhtml:file://C:\Users\Paul\AppData\Local\Microsoft\Windows\Temporary%20Internet%20Files\Content.MSO\WordWebPagePreview\CDD6F883.mht!x-usc:mailto:kimsprojectfjc@yahoo.com

Copyright 2010
Human Rights Research and Training Publications
HRRTP is a non-profit organization
Website: https://hrrtp.wordpress.com/
Email: HumanRightsRTPublications@gmail.com