A post from ACT

Hello from a trying Spring in NYC blog readers!

Our club has had a thought provoking spring semester so far with the Fatal Promises screening and this got the discussion rolling on what the laws were against human trafficking. We were lucky enough to have the NYU against human trafficking law club come and speak with us and I wanted to write some important facts on here to share. Please excuse if the bullet points do not transition well. Thank you NYU law club for spreading the awareness!

-The two main laws against human trafficking are categorized into labor trafficking and sex trafficking.
-"Trafficking" is defined by any "force, fraud, coercion" to compel labor.
-The Palermo Protocol is the international law that is created by the United Nations.
-Check out the Coalition of Immokalee Workers that work to fight against modern-day labor slavery. Here is a really sad case on their website:  
U.S. vs. Flores -- In 1997, Miguel Flores and Sebastian Gomez were sentenced to 15 years each in federal prison on slavery, extortion, and firearms charges, amongst others. Flores and Gomez had a workforce of over 400 men and women in Florida and South Carolina, harvesting vegetables and citrus. The workers, mostly indigenous Mexicans and Guatemalans, were forced to work 10-12 hour days, 6 days per week, for as little as $20 per week, under the watch of armed guards. Those who attempted escape were assaulted, pistol-whipped, and even shot. The case was brought to federal authorities after five years of investigation by escaped workers and CIW members.
-Trials brought forth about human trafficking take much time and patience because it heavily relies on a victim's testimony and their ability to deliver it.
-A sex trafficked victim who is a minor is declared a victim no matter what, and cannot be prosecuted as a criminal (for prostitutes especially). This does not seem to be implemented in all cases, as some minors are prosecuted for prostitution. Federal and state laws seem to vary in this issue then.
-There is a sense of shame for these victims that they must face if they are trafficked from another country in their community. A sense of shame that they have failed to succeed in what they are coerced to do.
-A T-Visa is a non-immigrant visa for victims of a severe form of trafficking to stay in the US for safety. There are high standards and proof of "extreme hardship" that need to be met for this visa--this seems very controversial.
-A U-Visa is a non-immigrant visa for victims of designated crimes including trafficking.
-The Trafficking in Persons watch list is a report on the world's trafficking and the US created this initiative to exploit countries and reduce funding relations with countries that are doing poorly on the list.
-There is a lack of labor laws in the United States to prevent labor trafficking.

And lastly, Darren Geist, the law student who gave this talk pointed out that "trafficking is a crime of hope" where the trafficker and the trafficked often, though not always, believe that the crime will return a better life. This is an important perspective to have when dealing with legal issues and trying to understand the reasons behind the problem of modern-day slavery.

Again, thank you for the law club to share these ideas and facts with us!

-ACT NYU
tammy