BHS Trafficking Aff Extension File

SDI 09 1
SBH LAB TRAFFICKING AFF EXTENSION FILE
TOPICALITY........................................................................2
AT: NOT LIVING IN POVERTY........................................2
AT: REMOVING THE T-VISA CAP EXTRATOPICAL...5
AT: SOCIAL SERVICE WORKERS...................................6
AT: POLITICS......................................................................7
AT: SPENDING..................................................................12
AT: STATES C-PLAN........................................................14
INHERENCY......................................................................21
INCREASE INHERENCY.................................................27
AT: ASSYLUM INHERENCY..........................................31
DEPORTATION BAD........................................................32
TRAFFICKING HARMS...................................................33
DEHUMANIZATION........................................................34
HUMAN RIGHTS LEADERSHIP.....................................42
LINK EXTENSIONS..........................................................42
.............................................................................................50
TRANSNATIONAL CRIME IMPACTS...........................51
organized crime makes all of their wars inevitable – pre-requisite for stability*.....................................................51
leads to failed states..................................................................................................................................................52
failed states are a comparatively larger risk than great power wars.........................................................................52
Organized crime leads to balkan instability..............................................................................................................55
most likely scenario for war......................................................................................................................................55
organized crime leads to small arms spread..............................................................................................................56
outweighs nuclear war..............................................................................................................................................56
organized crime leads to illegal wildlife trade..........................................................................................................57
collapses endangered species....................................................................................................................................57
high magnitude and invisible threshold....................................................................................................................58
HIV/AIDS............................................................................60
SOLVENCY........................................................................65
SOCIAL SERVICES PROVIDED NOW...........................73
AT: NGO C-PLAN..............................................................75
DOMESTIC TRAFFICKING OF U.S. CITIZENS............76
AT:FRAUD.........................................................................80
AT: BORDER INTERDICTION C-PLAN.........................81
AT: COMMERCE CLAUSE/13TH AMENDMENT ACTIONS............................83
PROSECUTOR COOPERATION REQUIREMENT LIFTED................................84
ROTH 09...............................................................................................................................................................84
http://www.ijm.org/releases/2008/12_16_08_TVPRA_release_FINAL.pdf.......................................................84
BRANCHE 09.......................................................................................................................................................85
THE PROSECUTORIAL COOPERATION REQUIREMENT WAS NOT
EFFECTIVELY REMOVED..............................................86
SDI 09 2
TOPICALITY
AT: NOT LIVING IN POVERTY
WE MEET. THE MCDONNELL EV IN THE 1AC EXPLAINS THAT TRAFFICKING

PERSONS ARE HELD AS SLAVES IN POVERTY AND NOT PAID
TRAFFICKED PERSONS LIVE IN EVERY ASPECT OF POVERTY
SHIELD 06
Stewart, Department of Global Development Poverty and Trafficking in Human Beings:
www.legislationline.org/.../9f76d0d08273b3b64f1bb4315a94.pdf
Poverty is not just a matter of income; to live in poverty is also to lack political
influence, security, opportunities for social participation and access to health care,
education and other social services. To live in poverty means to live in permanent
uncertainty over what tomorrow may bring, to experience humiliation and
degradation on a daily basis, and often to suffer the contempt of others. That
poverty has numerous facets and is expressed in so many different ways is
reflected in the human trafficking that flourishes in its wake.
AT THE TIME THEY ESCAPE FROM THEIR TRAFFICKERS AND NEED SERVICES
THEY ARE CLEARLY IN POVERTY BECAUSE THEY HAVE NOTHING BUT THE
CLOTHES ON THEIR BACK
BALES 05
Kevin, PhD Croft Institute for International Studies, University of Mississippi
Trafficking in Persons in the United States
http://www.ncjrs.gov/pdffiles1/nij/grants/211980.pdf
Creating a context in which the survivor of trafficking and forced labor can be
reintegrated successfully into society is a significant challenge. It is not unusual for a forced
labor survivor to escape with nothing but the clothes on his or her back. Once acute needs,
such as medical care, safety, and housing, are met, the requirements of participating in
prosecution, as well as the need to re-construct a coherent, autonomous life, are extremely
demanding. These demands can be intensified because of the barriers of culture and language.
SDI 09 3
EVEN AFTER GETTING SOCIAL SERVICES THEY ARE STILL BELOW THE
POVERTY LINE
BALES 05
Kevin, PhD Croft Institute for International Studies, University of Mississippi
Trafficking in Persons in the United States
http://www.ncjrs.gov/pdffiles1/nij/grants/211980.pdf
Many survivors may not have the opportunity to apply for the T visa, and the funds to
support them must be found as well. If a trafficking survivor is certified for a T visa and its
benefits, the resulting benefits still fall below the federally recognized minimum poverty
line.
EVEN THREE YEARS AFTER ESCAPE TRAFFICKED VICTIME WOULD STILL BE

IN POVERTY
AMERICAN IMMIGRATION LAWYERS ASSOCIATION 09

http://www.aila.org/content/default.aspx?docid=28016
Three years is not enough time for a victim of trafficking to meet 125% of the poverty line for
public charge inadmissibility purposes
AILA is concerned that, given that T adjustment applicants are victims of trafficking and serious crimes,
their ability to meet the public charge provisions when applying for adjustment of status is difficult.
Three years for a destitute traumatized victim to be meeting 125% of the poverty line in income is not
realistic. Further, unlike many, these victims are given a very short window after the three years to
adjust their status. As USCIS indicated, Congress provided for a public charge exemption to trafficking
victims in VTVPA. AILA disagrees that the intent of Congress was to discontinue this exemption at the
adjustment stage. Considering the intent to protect and provide for such victims, Congress would not
intentionally cut it off at the next stage. AILA believes that trafficking victims should be considered part
of the self petitioner group that was specifically exempted from the public charge provisions under
VTVPA. Like other self petitioners, trafficking victims may have no one (particularly family) to assist
and support them. Thus, like VAWA victims, trafficking victims should not be subject to the public
charge provisions. AILA recognizes that a waiver “in the national interest” may be available but
Congress has already indicated the nation’s interest in exempting them.
SDI 09 4
THEY ARE IN POVERTY BECAUSE THEY ARE NOT ALLOWED TO HAVE ANY
INCOME
HYLAND 01
J.D. candidate, Washington College of Law, American University --The author is grateful to the President's
Interagency Council on Women for its guidance
Kelly, Protecting Human Victims of Trafficking: An American Framework
16 Berkeley Women's L.J. 29 lexis
Profits are also so high because traffickers keep their costs low. Women typically sleep in one room and receive little food and no medical
attention. n79 Furthermore, traffickers either do not pay their victims or pay them very little under the rubric of
debt repayment. n80 Under this system of debt bondage, women are told they must pay their "debt"
before they can be released, yet their "owners" never credit their wages against their debt. n81 Their
debt may include their transportation to the new country, falsified documents, the price their new
owner paid for them, rent, food, and medical treatment. n82 Although trafficking operations may be run by a small group
of people or a large organized criminal syndicate, the motivation remains the same--profit. To increase profits, [*39] they are
willing to subject women to inhumane treatment and exploitation, mercilessly victimizing them.
TRAFFICKED PERSONS DON’T GET PAID AND ARE KEPT IN POVERTY

TASK FORCE ON HUMAN TRAFFICKING
http://www.tfht.org/index.php?section=article&album_id=24&id=58.
Myth: These women make good money. I wouldn't mind having that kind of income!
Fact: Trafficking is modern slavery. The only money makers are the traffickers and pimps.
During their first months of "work", most trafficking victims earn nothing. All profits are passed
along to the pimp and trafficker, to repay the cost of their "purchase". Often the initial debt is
enhanced and increased immeasurably as the pimps impose fines on these women for perceived
“misbehavior”. The debt is ever-growing and often impossible to repay. This well-known
enslavement tactic is called debt bondage.
TRAFFICKED PERSONS IN THE UNITED STATES ARE SUBJECTED TO LIVES OF

DOMINATION AND POVERTY
NEL 05
Journal of International and Comparative Law 5:3 LEXIS
Throughout the world, women, children, and men are trafficked into the international sex trade. n2
Women in developing countries are lured by promises of transportation to the United States or other
"wealthy" countries, and are promised employment as shopkeepers, waitresses or nannies. Upon their
arrival in the destination country, their travel documents are seized and they are forced into
prostitution, where they work indefinitely to repay the enormous debts they incurred by being brought
to the destination country. They may suffer brutal beatings if they complain. The victims of human
trafficking generally have little or no money, do not speak English, and are not familiar with American
culture. Since they are in the United States illegally, they believe they have no legal rights, and thus
avoid seeking help from authorities for fear of deportation.
Trafficking in human beings has become a vast and uncontrollable problem in the United States and
globally. Worldwide, it has reached a magnitude comparable to the [*2] illicit drugs and arms trades. n3
Human beings are exploited as easily as other tangible resources. Human trafficking is one of the greatest
human rights challenges currently facing the world.
SDI 09 5
AT: REMOVING THE T-VISA CAP EXTRATOPICAL
PROVIDING IMMIGRATION SERVICE IS A SOCIAL SERVICE
LUNNY etal. 05
Leonie, Members of Comhairle Advocacy Guidelines Working Group
http://www.sirl.ie/other/repository_docs/56.pdf.
Social services are defined in the Bill as: “any service provided by a statutory or
voluntary body which is available… to the public…and includes but is not limited
to, services in relation to health, social welfare, education, family support, housing,
taxation, citizenship, consumer matters, employment and training, equality, asylum
and immigration.”
THE T VISA PROGRAM IS ABOUT THE PROVISION OF SOCIAL SERVICES
RYF 02
Kara C. Ryf* J.D., magna cum laude, Case Western Reserve University School of Law; B.S., with
distinction, University of Wisconsin-Madison. Kara Ryf is a labor and employment attorney for Perkins Coie LLP in
Seattle Case Western Reserve Journal of International Law 34:45 LEXIS
Under the T-visa, victims are also afforded shelter, counseling, health care, and authorization to work
in the United States. n155 The counseling and health services are especially important to victims of sex
trafficking, often young girls around 14, 15 and 16 years of age who have endured beatings, rapes and
psychological abuses. Victims feel totally destroyed by the trafficking experience and have problems
trusting others, fear going outside and risking kidnapping, and have flashbacks to the conditions they
endured. Some victims also fight drug addictions caused by their captors forcing them to take drugs.
n156 Additionally, many victims of forced prostitution suffer sexually transmitted diseases, including
HIV or AIDS, while others have been forced by their traffickers to have abortions under unsanitary
conditions. The medical services and health benefits provided to victims [*67] under the Act become
an important means of easing victims fears of testifying or being returned to their country of origin.
n157
ITS NOT EXTRATOPICAL—THE RESOLUTION REQUIRES SERVICES TO BE

DELIVERED IN THE U.S. AND GIVING RESIDENCY STATUS IS A PREREQUISITE
TO SERVICES BEING PROVIDED IN THE U.S.
SDI 09 6
AT: SOCIAL SERVICE WORKERS
SOCIAL SERVICES DO NOT REQUIRE SOCIAL WORKERS
DUTSCHKE 06
Mira, Childrens Insititute University of Cape Town
Defining children’s constitutional right to social services
http://www.ci.org.za/depts/ci/pubs/pdf/rights/workpap/Right_to_social_services.pdf
The formal social welfare system developed as a response to social changes and the
inability of the family and other informal systems to meet these needs. The social
welfare system is dependent on social workers and other service providers, such as
child and youth care workers. These professionals deliver a range of services under
the welfare system. They are also concerned with the nature of the services
delivered.6 Social workers and other social service professionals are at the forefront
of service delivery because they are the ones that have direct contact with the clients
and the beneficiaries of the services.7 Social services can include more than just
services delivered by social workers, depending on its adopted definition.
SDI 09 7
AT: POLITICS
NO LINK. THERE WOULD NOT BE A MASSIVE DEBATE ON TRAFFICKING
LEGISLATION. THE 08 TVPA PASSED BY CONSENT WITHOUT A SINGLE
OBJECTION DESPITE THE FACT THAT IT WAS IN THE MIDDLE OF A TIME WHEN
CONGRESS WAS REFUSING TO PASS OTHER LEGISLATION
CARLSON DEC 08
Doug, Ethics and Religious Liberties Commission
http://erlc.com/article/historic-trafficking-bill-clears-congress/?
utm_medium=email&utm_source=Email+marketing+software&utm_content=76577497&utm_c
ampaign=%5BFaith+and+Family+Values
%5D+12+17+08+_+yufll&utm_term=Historic+trafficking+bill+clears+Congress
In one of their final days in session, Congress set aside differences to pass sweeping anti-
trafficking legislation that will help rescue untold numbers of women and girls from the heinous
sex-trade industry.
The House and Senate agreed Dec. 10 to the William Wilberforce Trafficking Victims
Protection Reauthorization Act, giving millions of human-trafficking victims both here and
abroad hope for freedom this Christmas season. The two votes, just hours apart in the House
and Senate, produced no objections—a rare feat for anything of historic and monumental
proportions. Unanimous consent agreements are typically reserved for non-controversial
measures, such as the naming of post offices.
Few people expected Congress to get anything done during this early December, lame-duck
session of business, with the possible exception of a bailout for the Big Three auto industry.
Thankfully, history can now tell of this bright story amid a gloomy economic season.
The William Wilberforce Act revolutionizes anti-trafficking efforts. It will empower federal
prosecutors to come alongside state law enforcement to more effectively target those who
enslave women—some of whom are hardly teenagers. It will make it easier for prosecutors to
convict the pimps. And it will allow the U.S. to more aggressively hold other nations accountable
for their trafficking industries. We must, and now it appears we will, lead by example.
SDI 09 8
THERE IS A BIPARTISAN CONSENSUS FOR SOLVING HUMAN TRAFFICKING. THE

08 TVPA WAS PASSED UNANIMOUSLY IN BOTH HOUSES OF CONGRESS
DE BACA 4-29-09
Ambassador-designate Luis C. de BacaOffice to Monitor and Combat Trafficking in Persons
Senate Committee on Foreign Relations
http://foreign.senate.gov/testimony/2009/de%20BacaTestimony090429a.pdf.
And thank you for the kind introduction. As noted, I have most recently acted as
Counsel to the U.S. House Committee on the Judiciary. In this role, I was deeply
involved with supporting the work of the Congress on the William Wilberforce
Trafficking Victims Protection Reauthorization Act. The unusual fact that the Act
was passed in both houses by unanimous consent clearly demonstrates the national
consensus that the U.S. Government must take every measure to counter this
growing global tragedy.
EVERY COALITION IN CONGRESS SUPPORTS ACTING AGAINST TRAFFICKING
SOUJERNERS MAGAZINE 08
http://www.highbeam.com/doc/1G1-174010667.html
The 2007 reauthorization of the Trafficking Victims Protection Act (TVPA) brought together a
diverse, bipartisan coalition to encourage Congress to improve the bill. "Virtually the entire political
spectrum in the U.S. Congress is revolted by the crimes of forced labor slavery, child labor
exploitation, and sex trafficking," International Justice Mission's Holly Burkhalter told Sojourners.
Advocates of the TVPA want to increase protection for victims and the success rate of prosecuting
traffickers.
SDI 09 9
THERE IS BIPARTISAN SUPPORT FOR INCREASING FUNDING FOR

TRAFFICKING
HYDE 01
Henry, Representative http://commdocs.house.gov/committees/intlrel/hfa76351.000/hfa76351_0.htm.
I hope our witnesses today will discuss whether the Trafficking Victims Protection Act is being
implemented in a way that keeps faith with these important principles. I also ask our witness to give their
assessment of the impact the act and its implementation have had thus far, including any concern you may
have.
I am confident there is still broad bipartisan support in Congress for whatever is necessary—more
resources, further legislation, whatever it takes—to win the worldwide battle against trafficking of
human beings into the commercial sex trade and other forms of slavery.
FUNDING FOR TRAFFICKING IS NOT CONTROVERSIAL
LAGON 09
Mark, former U.S. Ambassador
http://humantrafficking.change.org/blog/view/goodbye_note_from_trafficking_leader_mark_lagon
I am certain intense attention will be paid both to the sexual exploitation and forced labor sides of the
"human trade," which victimizes millions of adults and children around the world. It should be no surprise it
will be a continued focus. I saw as a Senate staffer the coalition that propelled the enactment of the
Trafficking Victims Protection Act in 2000. So too, bipartisan unity on the need to prioritize and fund
U.S. Government programs to stamp out slavery has been rock-solid in my tenure (even in a rollicking
political season). It only stands to grow. Please help it to build and accelerate, so dehumanized victims
become re-humanized survivors-until the day when slavery is no more.
PLAN HAS MASSIVE BIPARTISAN SUPPORT
ACTION GROUP 08
The Action Group is comprised of: the Alliance to Stop Slavery and End Trafficking, Coalition to Abolish Slavery & Trafficking, Free the Slaves,
International Justice Mission, Not For Sale Campaign, Polaris Project, Ricky Martin Foundation, Solidarity Center, and Vital Voices Global Partnership. The Action
Group is a U.S.-based, non-partisan group of complementary organizations dedicated to abolishing modern-day slavery and human trafficking. Recommendations for
Fighting Human Trafficking in the United States and Abroad Transition Report for the Next Presidential Administration
November 2008 http://www.madebysurvivors.com/nl/ActionGroupTransitionMemo2008.pdf.
Anti-trafficking legislation has enjoyed robust bipartisan support during the last two
administrations. Significant progress can be claimed, but even more work is required to
eradicate slavery. A brief historical overview will reflect key efforts to date.
SDI 09 10
SUPPORT FOR TRAFFICKING VICTIME IS EMPERICALLY BIPARTISAN AND

UNCONTROVERSIAL. THE 2000 ACT WAS PASSED ALMOST UNANIMOUSLY BY
CONGRESS
HYLAND 01
On November 8, 1999, Representative Smith introduced a new trafficking proposal entitled the Trafficking
Victims Protection Act of 1999, H.R. 3244, n302 cosponsored by Representatives Gejdenson, Slaughter,
Marcy Kaptur (D-OH), Tom Lantos (D-CA), Cynthia A. McKinney (D-GA), Peter T. King (R-NY), Frank R.
Wolf (R-VA), and John Cooksey (R-LA). n303 This draft was considered the most comprehensive to date and
had significant bipartisan Congressional and White House support. n304 On May 9, 2000, the bill passed
by voice vote. n305 Senators Wellstone and Sam Brownback (R-KS) revised H.R. 3244 after its passage by the
House. The new version, entitled the Trafficking Victims Protection Act of 2000, unanimously passed the
Senate on July 27, 2000. n306 The House and Senate versions of H.R. 3244 then went to conference
committee to be negotiated into one bill. n307 On October 5, 2000, the conference committee released its
report, which recommended one reconciled bill to both houses of Congress. n308 The House passed the
recommended bill by a vote of 371 to 1, n309 and the Senate approved it by a vote of 95 to 0. n310 On
October 28, 2000, President Clinton signed the bill, making the Victims of Trafficking and Violence
Protection Act of 2000 law. n311 The President hailed the Act as "landmark legislation" and a true effort of
bipartisanship that would affect profoundly the lives of women worldwide. n312
THERE IS MASSIVE BIPARTISAN SUPPORT FOR PROTECTING VICTIMS OF

TRAFFICKING
MALONEY 07
Carolyn, Representative from New York http://maloney.house.gov/index.php?
option=com_content&task=view&id=1511&Itemid=61.
Congresswoman Carolyn B. Maloney (D-NY), co-chair of the Congressional Human Trafficking Caucus,
issued the following statement after voting last night for the William Wilberforce Trafficking Victims
Protection Reauthorization Act (H.R. 3887), which passed the House with broad bipartisan support,
405 to 2:
“Sex trafficking is modern-day slavery. It is a $10 billion worldwide industry and one of the most heinous
crimes imaginable. This historic bill will give prosecutors the tools they need to hold traffickers accountable
and better protect sex trafficking victims.
“One of the most frustrating aspects of the effort to combat trafficking has been the type of proof needed to
make a case. Most often it requires testimony from a traumatized victim who has reason to fear the
consequences to herself or her family if she testifies. By eliminating the need to prove force, fraud, or
coercion except to obtain enhanced penalties, prosecutors will have a more effective way to crack down on
traffickers.
“Sex trafficking is a human issue, not a political issue. It speaks volumes that the fight against
trafficking has brought together Democrats and Republicans, liberals and conservatives, religious
leaders and feminists.”
SDI 09 11
NOT UNIQUE, OBAMA WILL SPEND POLITICAL CAPITAL ON IMMIGRATION

REFORM NOW
RUIZ 7-5-09
Albor, Daily News http://www.nydailynews.com/ny_local/2009/07/05/2009-07-
05_president_obama_makes_serious_commitment_to_immigration_reform.html
If there were any doubts about his commitment to immigration reform, President Obama
dispelled them at a bipartisan White House meeting with members of Congress on June 25.
"The President wants a comprehensive reform done this year or, at the latest, at the beginning
of next year," said Rep. Anthony Weiner (D-Brooklyn, Queens), who attended the meeting.
"He half-jokingly told us that he was willing to use 'any political capital he has left' for this
purpose," added Weiner.
SDI 09 12
AT: SPENDING
NO SPENDING REQUIRED TRAFFICKERS WILL FOOT THE BILL
A) THE 2008 TVPA AUTHORIZED USING FUNDS FROM CASES AGAINST

TRAFFICKERS TO HELP SURVIVORS
ZURITA 09
Brenda, The William Wilberforce Trafficking Victims
Protection Reauthorization Act of 2008 — The Highlights
http://www.cwfa.org/articles/16191/BLI/family/index.htm.
The Act and report language acknowledges the plight of the victims in several ways: the report language
clarifies that preying on a victim's drug use or addictions will, in and of itself, form the basis for convicting
traffickers under the Trafficking Victims Protection Act (TVPA); the Act states that proof of force, fraud,
and coercion will no longer be gauged by the "reasonable person" standard but instead be gauged using the
same backgrounds and circumstances as the victim. The Act also strengthens the financial provisions of
the TVPA to enable victims to receive restitution through traffickers' forfeited assets and enhances the
ability of victims to obtain civil damages from anyone benefitting from engaging in federal peonage,1
slavery or trafficking in persons crimes.
B)REVENUE FOR TRAFFICKING SOCIAL SERVICES WOULD COME FROM

TRAFFICKERS NOT TAXPAYERS
HYLAND 01
Unfortunately, funding for crime victims' services otherwise is limited. n276 One possible way to fund
services for trafficking victims is to designate a fund specifically for them. n277 This trafficking fund
would be supported not by taxpayers but by convicted traffickers. n278 A percentage of punitive
damages awarded or any forfeited funds left over after payment of restitution and services could go to
the fund. n279 Revenue for a trafficking fund also could be generated through a general court fee
assessed to trafficking cases. n280
A separate trafficking fund may be duplicative, however, because state crime victims' funds already exist. n281
The federal Crime Victims Fund reimburses states for approximately 40% of state funds expended on
victims' services. n282 The barrier to using these funds has been the illegal status of the victims; however,
since legislation recognizes trafficked women as victims of crime, they should be granted access to this fund.
n283
It is feasible for trafficking victims to use the existing services infrastructure for victims of crime.
Several proposals should be adopted to ensure greater protection, such as T visas, the extension of the
Victims' Bill of Rights to trafficking victims, a private right of action, restitution, [*59] and payment of
social services. Some of these proposals were incorporated by the Victims of Trafficking and Violence
Protection Act. n284 Additionally, long-term services will be required to reintegrate the victim into society.
SDI 09 13
THE PRESENT SYSTEM HAS EXPANDED THE SERVICES AVAILABLE BUT

RESTRICTED THE PEOPLE WHO CAN ACCESS THE SERVICES
CHACON 06
Jennifer M. Chacon*Assistant Professor, University of California, Davis, School of Law; J.D., Yale
Law School Fordham Law Review 74:297 LEXIS
MISERY AND MYOPIA: UNDERSTANDING THE FAILURES OF U.S. EFFORTS TO STOP
HUMAN TRAFFICKING
One of the three stated overarching goals of the Trafficking Act is to provide protection for trafficking
victims. n237 In certain cases, victims of trafficking in the United States are able to apply for
temporary visas, certain [*3018] benefits, and even legal permanent resident status. To date, however,
very few victims have received any of these forms of assistance.
Between the passage of the Act in late 2000 and June 2003, the Department of Homeland Security had
received only 453 T-visa applications. n238 Of the 453 T-visa applications, only 172 had been granted,
thirteen were denied, and 238 were pending. n239 In fiscal year 2004, the Department of Homeland Security
received 520 applications for T non-immigrant status, approved 136, denied 292, and, as of July 2005,
continued to consider ninety-two. n240 In short, as of the end of 2004, fewer than 500 people had received T-
visas. n241
The number of people who had been certified by the Department of Health and Human Services
("HHS") as eligible for services as victims of trafficking was also stunningly low. The combined number
of certifications and eligibility letters issued by HHS for the four fiscal years following the enactment of the
TVPA was 611. n242
In its 2003 report, the State Department attributed much of the shortfall to a failure in "outreach." n243
Specific measures were enacted after 2003 to improve outreach efforts. In addition to maintaining a toll-
free hotline for victims, n244 HHS implemented a $ 2 million effort to identify and serve more
trafficking victims through public service announcements and training of nongovernmental
organizations ("NGOs"). n245 As of February 2003, the HHS had awarded over $ 4.6 million in grants to
twenty-two organizations for outreach and services geared toward trafficking victims, and in March
2003, HHS issued approximately $ 3.5 million to fifteen organizations to assist them in providing for
the needs of trafficking victims such as temporary housing, education, living skills, and transportation.
n246 In some cases, assistance includes mental health counseling, assistance in finding employment, and
specialized foster care for children. n247 While these services were reserved for the "certified" victims of
trafficking, $ 9.5 million in grant money was also made available to various NGOs for emergency services
for victims as soon as they have been encountered. n248
In addition, funds were allocated to train not only federal law enforcement officials on issues of
trafficking, but also to inform state [*3019] officials of the implications of the Act. n249 And Congress
has mandated that the Legal Services Corporation provide legal assistance to trafficking victims. n250
But the 2005 State Department Report indicated that these efforts have not substantially increased the
number of victims assisted by TVPA-based programs. The simple fact remains that, of the estimated
number of trafficking victims who enter the country each year - a number that ranges from 14,500 to 50,000,
not counting those already present n251 - fewer than 1000 people received HHS certification and T-visa
protection during the first four years of the Act's existence.
SDI 09 14
AT: STATES C-PLAN

ONLY THE FEDERAL GOVT CAN SOLVE BECAUSE IF THEY ARE DEPORTED ALL
PROTECTION BECOMES IRRELEVANT
HYLAND 01
Perhaps the most crucial protection provision affords assistance to trafficking victims in the United
States regardless of immigration status through expanded federal services and initiatives. n332 The
House bill, but not the Senate bill, expressly designated victims as eligible for compensation and services
from the Crime Victims Fund. n333 Even though the Act is not this specific, it expressly provides for
eligibility "without regard to their [victims'] immigration status," eliminating the existing barrier to the Fund.
n334 Since there are no additional details in the Act's provision, agencies creating regulations could
interpret it broadly enough to extend any existing victim services to trafficking victims, including
compensation from the Crime Victims Fund, emergency shelter and medical assistance, low-income
housing, job training, and other forms of assistance. n335
The protection section also includes a Department of Justice victim assistance grant program. n336
Unfortunately, the clause reads that the Attorney General "may" make grants; thus the grant program is
discretionary, rather than required. n337 A mandatory grant program would be more advantageous since
there is a desperate need for funds and for an increase in the number of service providers for trafficking
victims. n338 At this time, CAST is the only independent U.S. organization providing services exclusively to
trafficking victims. n339 Assuming funding for a new grant program is set aside from funding for more
prosecutions, the Department of Justice should create new grants for service providers in the interest of
ensuring that victims will act as witnesses. n340 Unfortunately, the Act did not include the provision from
the House bill which required grant applicants [*64] to certify that they have not punished victims or denied
them services. n341
Additionally in the protection section, Congress required that three critical victim issues be addressed in
regulations within 180 days. n342 First, agencies and departments, "to the extent practicable," must
promulgate regulations requiring that trafficking victims not be held in facilities "inappropriate to their status
as crime victims." n343 This language came from the Senate bill. n344 The House bill had offered additional
protective measures, which were not included in the Act, that required that victims not be "jailed, fined, or
otherwise penalized due to having been trafficked" n345 and that they "be housed in appropriate shelter as
quickly as possible." n346 The Act continues by stipulating that agencies and departments must provide, to
the extent practicable, necessary medical care and other assistance, n347 information regarding the victim's
rights, and translation assistance. n348 Again, the House bill offered better protection than that provided
through the Act's phrase "information regarding their rights" n349 by expressly stating that victims shall have
access to legal assistance. n350 Second, the Act requires that regulations be drafted to keep the names of
trafficking victims and their family members confidential and provide victims and family members with
physical protection if at risk of harm, recapture, intimidation, or retribution. n351 Third, the Act, adopting a
provision of the Senate bill, n352 also expressly provides for the physical protection of trafficking victims
and their family from retribution, as long as the victim is a potential witness. n353 In addition, the last part of
the law enforcement and prosecution section makes trafficking victims eligible for witness protection. n354
All of these protective regulations may become meaningless if the victim is deported. In addressing this
issue, the Act incorporates the Senate's weak language, stating only that federal law enforcement
officials may act to keep a victim in the country, so long as the individual is indeed a victim and a
potential witness. n355 This would mean that a victim [*65] who is not a potential witness could be
deported. The House bill used more protective language; it required officials to keep the trafficked person in
the country so long as the individual was a victim or a material witness. n356
SDI 09 15
STATES CAN’T SOLVE BECAUSE OF FEDERAL CERTIFICATION

REQUIREMENTS
Richard, Stephanie, University of Michigan Law School Journal of Law Reform, Winter 2005, 83 U. Mich. J.L. Reform 447, “STATE
LEGISLATION AND HUMAN TRAFFICKING: HELPFUL OR HARMFUL?” lexis law
In theory, victims of trafficking whose cases are brought and prosecuted at the state level should
have the same access to federal benefits and services as victims of trafficking whose claims are
prosecuted at the federal level. However, this may not necessarily be the case. The TVPA authorizes any alien who
is a victim of severe forms of trafficking in persons to be eligible for benefits and services to the same extent as an alien admitted to the United States as a
refugee. n77 To access these benefits, the Secretary of Health and Human Services must certify a victim after consultation with the Attorney General. n78
To obtain this certification, the trafficked person must be willing to reasonably assist in the investigation and prosecution of severe forms of trafficking.
To qualify for certification the victim also must have applied for a T-visa, or be eligible for
n79
continued presence because their testimony is necessary to prosecute traffickers. n80 The TVPA defines
"assistance with investigation and prosecution" as identifying, locating and apprehending human traffickers, and being willing to testify at proceedings
against them. n81 Prior to the passage of the Reauthorization Act in 2003, the United States Department of Health and Human Services, Office of Refugee
Resettlement (ORR) only considered assistance to federal law enforcement agents as suitable support for certification. Recognizing that this hindered state
investigatory efforts, the Reauthorization Act altered the TVPA's language to require the Secretary of Health and Human Services to consider statements
from state and local law enforcement officials. These statements are considered if a trafficked person has assisted in the investigation and prosecution of
state level crimes involving severe forms of trafficking. n82 This provision in the Reauthorization Act means that victims of trafficking investigated and
prosecuted at the state level are theoretically no longer dependent on the instigation of federal level investigations to receive services. Nevertheless, since
receiving [*464] this certification is dependent on a federal agency, it is unknown if state-level applications for certification will be granted as easily or
efficiently. This potential problem can be more fully explored by looking at the similar concerns that arise when victims seek not only social services, but a
the most pressing concern with state
change in immigration status when their case is prosecuted at the state level. Perhaps
legislation criminalizing human trafficking is the issue of the victim's immigration status in the
United States. States do not have the power to offer the benefits of legal status to victims
prosecuted at the state level. Immigration issues always have and will continue to be the sole
domain of the federal government. Therefore, states seeking to assist human trafficking victims
through their own legislation need to consider how they can address this pressing problem for
most victims of human trafficking.
STATES CAN’T SOLVE BECAUSE THEY CAN’T ASSURE EFFECTIVE WITNESS

PROTECTION
LEGISLATION AND HUMAN TRAFFICKING: HELPFUL OR HARMFUL?” lexis law To protect victims and their families,
the TVPA provides victims with the right of privacy and protection under the Victims and
Witness Protection Act (VWPA) of 1982. The VWPA protects those individuals who are likely to
n100
have crimes of violence committed against them because of their participation as witnesses in
proceedings concerning an organized criminal activity or other serious offenses. n101 Any human
trafficking violation under the TVPA is considered to fall within the definition of an organized
criminal activity or other criminal offense. Those trafficked persons who need witness protection qualify
for financial assistance and other services to help the individual become independent. n102 Similar
protection is not available at the state level. In contrast to the well-developed federal witness protection program, most
states do not even have such programs. n103 Therefore, similar to receiving social service benefits and immigration status, states
depend on the federal system to offer protection to victims and witnesses in their cases. The Witness
Security Reform Act of 1984 does authorize the Attorney General to provide protection to state and local witnesses. n104 However, requests from state or
local authorities for this type of protection must go through the [*469] appropriate United States Attorney. If the U.S. Attorney grants the request, a state
must reimburse the United States for expenses incurred in providing protection, and the state must agree to cooperate with the Attorney General in carrying
out the provisions of the Witness Security Reform Act. n105
SDI 09 16
STATES CANNOT SOLVE BECAUSE UNLESS THE FEDERAL REQUIREMENTS

ARE CHANGED FEDERAL AGENCIES WILL DEPORT TRAFFICKING VICTIMS
WHEN THEY COME FORWARD
SRIKANTIAH 07
Jayashri Srikantiah** Associate Professor of Law and Director, Immigrants' Rights Clinic, Stanford Law
School. Boston University Law Review 15:157 LEXIS
The two federal agencies charged with implementing the TVPA's T visa provisions are the DOJ and
the DHS. DOJ is charged with investigating and prosecuting trafficking crimes. DHS adjudicates
applications from trafficking victims seeking T visa relief. In implementing the TVPA, DHS and DOJ
have imposed restrictions beyond the statutory language, presenting practical barriers for victims
seeking T visas.
A. Language of Regulations
Regulations implementing the T visa provisions of the TVPA impose two main restrictions that extend
beyond the statute. First, the regulations direct T visa applicants to obtain a law enforcement agency
(LEA) endorsement, which certifies that they were victims of a severe form of trafficking in persons
and that they assisted in the investigation or prosecution of the trafficker. n106
Through the LEA endorsement, DHS implements statutory language requiring that T visa applicants be
victims of a severe form of trafficking in persons and cooperate with any reasonable request from law
enforcement. n107 The LEA endorsement restriction goes beyond the language of the statute, which does not
specify how such cooperation should be assessed, who should make such an assessment, or the level of
cooperation sufficient for a T visa. Individual law enforcement agents and prosecutors issue the
endorsements, deciding whether a particular victim has suffered sufficiently severe trafficking and has
cooperated sufficiently with law enforcement. DHS advises victims that these elements of their application
"may be difficult to establish" without the endorsement, and "strongly advises" submission of the
endorsement. n108 A T visa may be revoked if "the LEA providing the LEA endorsement withdraws its
endorsement." n109
If a victim cannot obtain an LEA endorsement, she must provide "sufficient credible secondary evidence,"
n110
which may include "trial transcripts, court documents, police reports, news articles, and copies of
reimbursement forms for travel to and from court." n111 A victim without an LEA endorsement must also
provide a statement "describing what [she] has done to report the crime to an LEA," and must "demonstrate
that good faith attempts were made to obtain the LEA endorsement, including what efforts the applicant
undertook to accomplish these attempts." n112
[*177] The second burden imposed by the regulations is a requirement that a victim show that "she did not
have a clear chance to leave the United States in the interim" between her escape from her traffickers and law
enforcement involvement. n113 In other words, once a survivor escapes, she is expected to leave the United
States. If she fails to leave, she must demonstrate why "she did not have a clear chance to leave." n114 To do
so, she may provide information about "circumstances attributable to the trafficking in persons situation, such
as trauma, injury, lack of resources, or travel documents that have been seized by the traffickers." n115 A
survivor who is "liberated" by law enforcement does not have to satisfy this requirement. n116
The penalties for failing to meet the rescue and LEA endorsement restrictions of the T visa regulations
are severe. Under the immigration laws, a survivor who fails to meet these requirements is subject to
removal for being in the United States without documentation, and is potentially subject to other
immigration sanctions as well.
SDI 09 17
States can’t solve – resources
states may not have the means to

3. Potential Concern Surrounding Resources for Investigations - There is also a concern that
effectively investigate human trafficking cases. The 2003 US Assessment reports that human trafficking cases
are among the most labor-and time-intensive criminal investigations that the United States
government undertakes. These investigations often involve numerous victims, language and
n106
cultural barriers, multiple federal agencies, and international investigations. n107 Additionally, many victims
suffer sexual, physical, or emotional trauma and require assistance from numerous professionals, such as counselors, psychologists, physicians and child
specialists. n108 Unlike in the federal government where the Civil Rights Division of the DOJ centrally provides guidance and
resources for all federal human trafficking cases, states may not have access to the same types of resources or take
the time to develop the specialized skills that are needed for trafficking investigations. Given that
investigations concerning human trafficking cases often extend beyond our national boundaries and command
large investments of resources, states should acknowledge these issues by including provisions in any legislation criminalizing human
trafficking that will assist in facilitating investigations. These provisions should make special [*470] allotments for human trafficking investigations,
create specialized state police taskforces to investigate human trafficking cases, and facilitate cooperation between state and federal agencies to assist with
international investigations.
Federalism empirically denied
Empirically denied – federal government already funding states projects.
Shashi Irani Kara

, Yeshiva University School of Law, Cardozo Journal of Law & Gender, June 20 07
, DECENTRALIZING THE FIGHT AGAINST
HUMAN TRAFFICKING IN THE UNITED STATES: THE NEED FOR GREATER INVOLVEMENT IN FIGHTING HUMAN TRAFFICKING BY
STATE AGENCIES AND LOCAL NON-GOVERNMENTAL ORGANIZATIONS
A number of the federal agencies also provide grant and funding options to state and local agencies,
as well as non-governmental organizations providing victim benefits and services. The DOJ's Office for
Victims of Crime ("OVC") funded twenty-five direct service projects for victims in fiscal year 2005, serving a total of
682 victims during that year alone. n123 Grantee organizations provided benefits such as building shelter
capacity for victims or providing other victim benefits to pre-certified victims that are culturally
and linguistically appropriate in communities across the country. n124 Task forces across the
country have also been formed and funded through federal funding programs. The CRD itself has
formed and funded thirty-two task forces in twenty-one states and territories with thirteen million
dollars. n125 All of these task forces have also been funded by OVC to provide trafficking victim services. n126
SDI 09 18
Perm Solves
COORDINATED FEDERAL STATE AND PRIVATE EFFORTS SOLVES BEST
DALRYMPLE 05
JOYCE KOO DALRYMPLE *Staff Writer, BOSTON COLLEGE THIRD WORLD LAW JOURNAL
25 B.C. Third World L.J. 451 LEXIS
For smooth and comprehensive delivery of protections, a multi-disciplinary coordinated response is

necessary to address the trafficked person's variety of needs. n130 Lawyers, nonprofit service providers,
and federal and local law enforcement must work in tandem to combat trafficking in their community.
n131
Working groups should be established in cities nationwide, tailoring their services to the specific
[*471] needs of their given community. n132 Community responses should focus on, among other things:
victim identification and management, victim assistance for safety and medical and rehabilitative services,
crime scene investigations, and coordination among different levels of law enforcement. n133
Working groups should also strive to increase public awareness, since the effectiveness of these protections
depends on the wider community's knowledge of the laws. n134 First, federal officials should train local law
enforcement entities that may not be aware of the federal law. n135 Professional schools in the fields of
nursing, social work, law, medicine, business, and mental health should also integrate awareness of human
trafficking into their curricula. n136 To educate the public, working groups should develop media
campaigns modeled after successful public health initiatives, such as anti-smoking, HIV/AIDS, domestic
[*472] violence, and drunk driving awareness efforts. n137 To be effective, education and public awareness
campaigns about trafficking should utilize the media in immigrant communities, such as newspapers or
newsletters circulated in other languages. n138
Perm solvency
Potential benefits of state legislation criminalizing human trafficking include assisting

prosecutorial efforts, identifying greater numbers of victims, and marshalling state resources to
more effectively combat the problem Further, criminalizing human trafficking at all levels of
.
law enforcement sends a clear message to traffickers that their actions will not be tolerated
anywhere in the United States.
Perm is common sense.
Kara
Shashi Irani 07
, Yeshiva University School of Law, Cardozo Journal of Law & Gender, June 20 , DECENTRALIZING THE FIGHT AGAINST
Fully addressing trafficking in this country necessitates taking advantage of this country's federal
system of governance and the decentralized network of NGO's working throughout the nation. This is so not only for the reasons discussed
above, but moreover, because it just makes practical sense. That is, no one should fight international crime
armed only with the Memphis city police department, and accordingly, a moving violation down Elvis
Presley Boulevard does not necessitate an FBI investigation. Also, any increase in the number of
state and local officials tasked with investigating local instances of trafficking would free up a
SDI 09 19
comparable number of federal officials to concentrate on interstate and international instances of

this crime.
States Fail
Turn: State and Local Policies fail – No Training
Shashi Irani Kara 07

trafficking is a crime not easily recognizable to those without proper training. Even
Second, n58
though local police may be the most likely to come across trafficking crimes, by no fault of their
own, they often do not have the training to recognize trafficking for the crime it is. Quite often, local n59
police will investigate and arrest trafficked persons as illegal sex workers or undocumented
workers. In fact, this lack of training may work to the trafficker's advantage. The case of the John Pickle
n60 n61
Company, introduced in Part I, above, illustrates this point.

SDI 09 20
Local policies fail – Pickle Proves
Kara
Shashi Irani 07
Three months after the trafficked workers arrived at the John Pickle plant, one of them tried to
leave by secretly applying for a job at a local hotel and was questioned by the police for applying
for the job without a passport or proper identification. He told the officer that the John Pickle Company
was holding these documents. Instead of investing into why a factory would confiscate an
immigrant worker's passport and identification papers, the officers simply returned the worker to the John
Pickle Company without any further questions. n62 This could have been a groundbreaking discovery of the
John Pickle Company's large-scale human trafficking operation, but the officer was too
unfamiliar with the indicia of trafficking to make a simple inquiry into the matter. Unfortunately,
countless other opportunities presented to the police by brave, desperate trafficked persons may
go unnoticed and un-investigated every day.
SDI 09 21
INHERENCY
THERE IS A CONSENSUS THAT THE TVPA IS INEFFECTIVE NOW
CHACON 06
HUMAN TRAFFICKING
The Trafficking Act has inspired a great deal of scholarly comment and criticism. n4 Unfortunately, there is
almost universal consensus that the Trafficking Act, while well-intentioned, has thus far failed to make
sufficient strides in addressing the problem of human trafficking, either internationally or domestically.
The most recent diagnoses of the domestic failure are tending to converge: Commentators note that the Act
- particularly as it has been implemented - emphasizes the law enforcement [*2979] components of
anti-trafficking initiatives in a way that undercuts the Act's humanitarian goals of assisting trafficking
victims. n5
PRESENT POLICY RESTRICTS ACCESS TO SERVICES FOR TRAFFICKED PERSONS
DALRYMPLE 05
Victims must meet many requirements to be certified to receive benefits under the TVPA. n56
Trafficked persons must be a victim of a "severe form of trafficking," and willing to assist in every
reasonable way [*460] in the investigation and prosecution of their trafficker. n57 Additionally, the
victim must either have made a bona fide application for a T visa that has not been denied, or his or
her continued presence in the United States must be necessary for the prosecution of traffickers. n58
Trafficked persons can only qualify for T visas by demonstrating "extreme hardship involving unusual
and severe harm upon removal." n59
Part A of this Section explores the requirement that persons must be a victim of "severe forms of trafficking"
to be eligible for any protections under the TWA. It argues that this stringent requirement must be relaxed
to assist victims of all forms of trafficking. Part B examines the requirements that victims must meet to
obtain legal residency in the United States. It argues that the "extreme hardship involving unusual or
severe harm upon removal" is also too rigorous, and should be based instead on a well-founded fear of
retribution upon removal. Part C suggests that the 5,000-person cap on the number of victims who can
obtain temporary residency is arbitrary and excessively low, and should be repealed.
SDI 09 22
THE TVPA RESTRICTIONS CONVERT THE T VISA INTO A HYBRID THAT

UNDERCUTS THE HUMANITARIAN PROTECTION OF TRAFFICKED PERSONS
SRIKANTIAH 07
Antonio is not alone. The government estimates that up to 17,500 people are trafficked into the United States
annually to work as modern-day slaves. n2 [*159] These individuals typically enter the United States
unlawfully and upon their entry are exploited for forced labor or sex. n3 In 2000, Congress enacted the
Trafficking Victims Protection Act (TVPA) n4 to protect trafficking victims by providing them with
immigration relief. The TVPA created a new "T" visa that allows trafficking victims to apply to stay in
the United States. To obtain the T visa, a trafficking victim must demonstrate that she suffered a
"severe form of trafficking in persons," n5 a term defined as trafficking for forced labor or sex through the
use of force, fraud, or coercion. n6 The victim must also show that she "has complied with any reasonable
request for assistance in the investigation or prosecution of acts of trafficking." n7
The statutory requirements for the visa reflect a legislative compromise between the humanitarian and
prosecutorial functions of the visa. The T visa is a hybrid: it both provides humanitarian assistance to
individuals who are victims of a severe form of trafficking, and satisfies interests in prosecuting
traffickers by requiring victim compliance with requests for assistance in investigations. The T visa is
thus unlike purely humanitarian immigration relief, such as asylum or relief under the Violence
Against Women Act (VAWA), which require only demonstration of victim status. n8
CONDITIONING ACCESS TO RESIDENCY ON PROSECUTORIAL COOPERATION

PUTS THE FATE OF TRAFFICKED PERSONS IN THE HANDS OF FEDERAL LAW
ENFORCEMENT PERSONNEL WHO GUT HUMANITARIAN PROTECTIONS
SRIKANTIAH 07
Despite the availability of T visas since the enactment of the TVPA in 2000, only 616 victims have
successfully obtained relief. n9 Existing critique has focused on the law enforcement cooperation
requirement of the T visa and the TVPA's trafficking definition. n10 While I agree with that critique in part,
this Article suggests additional reasons for the failure of the visa that focus on federal agency
implementation of the statute. I suggest that the implementing [*160] agencies - the Department of
Homeland Security (DHS) and the Department of Justice (DOJ) - have narrowed the availability of the
T visa even beyond the statutory language of the TVPA. n11 Agency implementation has focused on
the prosecutorial goals of the T visa, ignoring its humanitarian purposes. On a structural level, agency
regulations place the responsibility of identifying trafficking victims and assessing victims' cooperation
with law enforcement in the hands of prosecutors and agents responsible for investigating traffickers.
The same agent or prosecutor who decides whether a victim would be a good witness also decides
whether the individual is a victim for the purposes of the T visa. I suggest that this conflict results in a
failure to identify as trafficking victims those who do not present themselves as good prosecution witnesses.
n12 Placing the victim identification function in prosecutorial hands also leads to non-uniform results,
with each prosecutor or investigator making determinations based on her own conception of who is a
deserving trafficking victim.
SDI 09 23
RESTRICTING SERVICES TO “SEVERE” FORMS OF TRAFFICKING RENDERS

PRESENT POLICY INEFFECTIVE
DALRYMPLE 05
The TVPA criminalizes only "severe forms of trafficking in persons," which include only sex trafficking
for the purpose of a commercial sex act, and labor trafficking, defined as involuntary servitude, peonage,
debt bondage, or slavery. n60 By restricting its scope to "severe forms of trafficking," the Act implies that
other forms of trafficking exist, but makes no attempt to define or criminalize those forms. n61 Physical
coercion is not always required, but a victim of severe [*461] trafficking must believe that he or she would
suffer serious harm or physical restraint if he or she were to leave the trafficker. n62
The Act should adopt a broader definition that includes all kinds of trafficking, similar to that of the
Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, which
supplements the United Nations Convention Against Transnational Organized Crime. n63 The Protocol's
operative concept is exploitation, rather than coercion. n64 This approach recognizes that trafficked workers,
primarily women, may make voluntary choices about their migration and working conditions, but may
nonetheless end up in exploitative working conditions. n65 It goes further than the TVPA by discussing the
abuse of power, a position of vulnerability, and the giving or receiving of payments or benefits to achieve the
consent of a person having control over another. n66
Moreover, the TVPA's standard that eligible victims must be victims of "severe forms of trafficking" is
difficult to apply. n67 Law enforcement agents must make immediate determinations as to whether to
take the victim to a detention center or an appropriate facility for trafficking [*462] victims; however,
this decision cannot be made on-site without investigating the facts of the case. n68 Therefore, victims
should be presumed to qualify as a victim of severe forms of trafficking until a contrary determination
is made. n69
A strict interpretation of "severe" requires that victims, who are misidentified or not trafficked with
enough force, be treated as criminals, detained, and deported. n70 The courts and the Department of
Homeland Security will likely interpret this language very narrowly to prevent fraud. n71 Victims lack
incentive to testify if they are not going to be allowed to stay in the United States or adequately
protected. n72 Even the White House believes that the victims of severe forms of trafficking standard is
stringent and the criteria for temporary residency visa is too restrictive. n73 A rigid reading of "severe"
ultimately would prevent the TVPA from accomplishing its intended purpose. n74
SDI 09 24
THE REQUIREMENT THAT VICTIMS COOPERATE WITH PROSECUTORS GUTS THE

EFFECTIVENESS OF PROTECTIONS
SRIKANTIAH 07
Some victims may decide not to participate in law enforcement investigations for fear that the
trafficker's network will retaliate against family members in their home countries. n137 The TVPA
provides few tools for law enforcement agents to ensure the safety of victims' families abroad. n138 In
addition, given the psychological coercion and trauma that typically accompany trafficking, victims might
not participate in investigations because they are still psychologically under the trafficker's control, or
because they fear that they will be prosecuted or deported, particularly if they were discovered during
the confusion and stress of a law enforcement raid. n139 Such victims may be denied an LEA endorsement
even if their decision not to cooperate was reasonable under the circumstances. n140 Victims who might later
cooperate are not given the opportunity to obtain an LEA endorsement if they fail to present as
cooperative witnesses during an initial interview with law enforcement agents or prosecutors. The LEA
endorsement restriction transforms victim identification into a prosecutorial matter, not an assessment of a
victim's trafficking experience. n141 The victim protection function of the [*182] TVPA is subsumed by
an implementation of prosecutorial goals that grants individual prosecutors and investigators
maximum discretion in granting relief. n142
PROVING SEVERITY OF TRAFFICKING OR EXTENT OF COOPERATION WITH

LAW ENFORCEMENT IS OFTEN IMPOSSIBLE FOR VICTIMS OF TRAFFICKING
SRIKANTIAH 07
Regulations impose a tough standard on victims who fail to obtain the LEA endorsement. These victims lack
primary evidence of victim status and cooperation with law enforcement and must rely instead on secondary
evidence in their T visa applications. n143 Yet documentation and witnesses of victimhood in the
trafficking context are difficult to obtain. Trafficking victims are often isolated from public view, and
there are rarely witnesses or physical evidence corroborating the victim's story. n144 It is also challenging for
a survivor to document threats and intimidation in the source country, where police reports may not
have been made. n145 Demonstrating cooperation with law enforcement is equally burdensome. The
regulations suggest that victims provide, among other things, "trial transcripts, court documents,
police reports, news articles, and copies of reimbursement forms for travel to and from court." n146
Such evidence may be difficult to obtain in practice. Some cases may not be reported in the news, and
victims - who are typically isolated before escaping from their traffickers - may not have filed police
reports in advance of the trafficker's arrest. Even if a victim attempts to file a police report after escape,
law enforcement may not investigate her case. Some investigations may never lead to prosecution. In
those that do, criminal evidence may never become public (if information is filed under seal), or may
take months or years to become public, by which time the survivor's T visa application may be denied.
n147
[*183] The victim's efforts to compile the necessary secondary evidence are complicated by the fact that,
without an LEA endorsement or continuing presence status, victims are not entitled to federally
funded social services and must instead rely on charity. n148 The need for these services is severe
immediately upon escape, when victims require the most intense stabilization and care, n149 and
continues with the uncertainty of waiting for immigration status and social service benefits. n150
SDI 09 25
THE NARROWING OF ELIGIBILITY FOR SERVICES UNDER THE TVPA CREATES

A SAFE HAVEN FOR TRAFFICKERS
CHACON 06
HUMAN TRAFFICKING
Congress's decision to narrow the class eligible for assistance under the Act has affected prosecution
and outreach efforts under the TVPA. Assistance to individuals who may have played some volitional
role in their transportation or employment, but who are now trapped in virtual slavery, is disfavored.
Furthermore, because the TVPA provides the only available form of assistance to these individuals in a
world where labor law enforcement turns a virtual blind eye to their exploitation, many of the
trafficking victims in the State Department's annual statistics will never be aided by either the TVPA
or the other laws that the TVPA was designed to supplement. n274 The present unwillingness to extend
protections to "illegal [*3023] workers" absent a showing of their "innocence" embeds into the TVPA the
same immigration and labor law policies that have created a haven for trafficking and migrant
exploitation. Immigration law has long categorized individuals who have been exploited in the workforce as
criminals rather than victims. n275 These distinctions have been fueled by developments in labor law.
Beginning well before Hoffman Plastic, but even more so after that decision, courts have interpreted the
enforcement of IRCA provisions to require a clear distinction between legal workers, entitled to the full
protection of labor laws, and undocumented workers who are not entitled to full restitution. Rather than
allowing for a reassessment of these policies, the TVPA mirrors them.
THE RESTRICTIONS MEAN THAT EVEN PERSONS RESCUED FROM

TRAFFICKERS DON’T GET VISAS OR ACCESS TO SERVICES
OLSEN 11-24-08
Lise, Reporter for Houston Chronicle
http://www.chron.com/disp/story.mpl/metropolitan/6129019.html
The federal government has spent seven years and tens of millions of dollars striving to save foreign women
exploited in sweatshops or sold as sex slaves in America — yet only about half have gotten special visas for
victims willing to help prosecute traffickers, according to a Houston Chronicle review.
In Houston, home to one of the nation's most successful anti-trafficking task forces and a major transit
point for human trafficking, just 67 of about 120 women rescued after a massive raid in 2005 have
obtained the so-called "T visas" to help them rebuild their lives.
One woman, who is still without a visa, said she was locked up in the Newtown County jail in East
Texas after her rescue but found she had nowhere to go after her release. She told the Chronicle: "My
apartment was empty. Everything had been taken ... It's hard to know what to do."
SDI 09 26
A NARROW FOCUS ON SERVICE ELIGIBILITY GUTS THE EFFECTIVENESS OF

THE TVPA
CHACON 06
HUMAN TRAFFICKING
Congressional debate over the TVPA also failed to acknowledge the complexities of identifying
trafficking victims. Legislators tended to paint trafficking victims as ignorant and innocent victims, targeted
by evil traffickers operating sophisticated international crime rings. n276 Unexamined in the debate over
trafficking was the fact that the rigid distinction between trafficking and smuggling grows less and less
viable. The militarization of the border has actually increased the power of smugglers, and increased the
range of their criminal activity in such a way as to increase, rather than decrease, incidents of trafficking. n277
The line between smuggling and trafficking has blurred as heightened border security gives smugglers
greater control over migrants and allows them to command larger fees. Ironically, then, the increased
militarization of the border that has occurred over the past ten years has probably converted what might once
have been a simple act of smuggling into a more abusive act of trafficking. n278 At the same time, the TVPA
defines trafficking in a way that excludes many of these new victims from the Act's protections.
[*3024] This simplistic understanding of the trafficking victim creates concrete problems: Advocates
for clients who are potentially classifiable as victims of trafficking may be unable to readily determine
which of their clients are eligible for relief under the TVPA and which of them will be subject to
deportation. And because Congress has thus far failed to address the shortfalls of other labor protections for
undocumented migrants, and has increased the likelihood that undocumented migrants will not have reliable
legal means for remaining in the country, those migrants who do not qualify as trafficking victims seldom
qualify for any other meaningful remedies against their employers, and are at high risk for removal. Current
labor and immigration policies favor deportation as the remedy for ending the exploitation of
undocumented workers and interdiction as the preventative strategy. These policies continue to cancel
out many of the potential benefits of the TVPA. Until there is a willingness to provide more assistance -
or at least enforce pertinent labor protections - for those "smuggled" noncitizens who toil in virtual
slavery, most of the tens of thousands of "trafficking victims" who are included in the annual estimates
will never actually be aided by the Act.
SDI 09 27
INCREASE INHERENCY
WHILE THE GOVERNMENT HAS AUTHORIZED FUNDS FOR SOCIAL SERVICES
FOR TRAFFICKED PERSONS THE FUNDS HAVE NOT BEEN APPROPRIATED
POLARIS PROJECT ACTION CENTER MAY 09

http://actioncenter.polarisproject.org/component/content/article/522
In December of 2008 Congress enacted the Trafficking Victims Protection Reauthorization Act
(TVPRA), and authorized tens of millions of dollars to fund services for U.S. citizen and foreign
national victims of human trafficking in the U.S. However, none of these funds can be released until
Congress passes a separate bill to appropriate the needed funds, and to do this, it is critical that all
federal legislators informed about the critical need for these funds and are urged to support this
appropriation.
Since the TVPA passed in 2000, there has been no specific federal funding to support U.S. citizen
trafficking victims. There are also no federally-funded shelters for child victims of sex trafficking,
despite estimates of more than 200,000 children at high risk for commercial sexual exploitation in the
U.S. every year. Only a small handful of shelters nationwide provide the specialized services and
environment needed to help victims recover.
The U.S. government has not provided sufficient funding for foreign national trafficking victims in the
past. For example, the Department of Health and Human Services recently had to decrease victim
services from eight to four months in many cases. When recovery from trauma and abuse can take
many years, four months of support is insufficient.
SDI 09 28
SUFFICIENT FUNDS FOR SERVICES HAVE NOT BEEN APPROPRIATED
ACTION GROUP 08
HHS is the designated agency responsible for helping victims become eligible for benefits
and services. The Anti-Trafficking in Persons (ATIP), Administration for Children and
Families (ACH), and Office for Refugee Resettlement (ORR) offer services and case
management to victims, without regard to immigration status, organize public aware-
ness campaigns, work with coalitions and contractors to build capacity at the local level
and provide training and technical assistance to operate the National Human Trafficking
Resource Center. The Secretary of HHS sits on the Interagency Task Force to Monitor and
Combat Trafficking and contributes to the annual Attorney General’s Report on traffick-
ing. Subcontractors that receive grants must report on the effectiveness of the activities
carried out with these funds to the Secretary or Attorney General, depending on specific
circumstances. The Secretary or Attorney General must then report twice a year on the
uses of these grants to Committees on the Judiciary of the House of Representatives and
the Senate. Victim certification is given by the Secretary of HHS.
Only $9.823 million has been appropriated for services to foreign nationals under
Administration for Children and Families (ACF), despite $15 million authorized begin-
ning in 2000 under the Trafficking Victims Protection Act (TVPA). HHS aims to increase
the number of certified foreign national trafficking survivors to 800 per year by FY2011.
However, even today with the small percentage of trafficking survivors being identified
and served, HHS has had to decrease the service eligibility period for certified victims of
trafficking from eight to four months.
In addition, no money has been appropriated for services to U.S. citizens and LPRs
(Lawful Permanent Residents), despite $15 million authorized beginning in 2005 under
the Trafficking Victims Protection Reauthorization Act (TVPRA). Federal and local
law enforcement officials throughout the U.S. have identified the lack of appropriate and
available shelter for minor victims of trafficking as the single greatest obstacle to pursuing
investigations and to the children’s recovery.
The following are actionable recommendations:
The next Administration should strongly recommend funding HHS to the full authorization levels for
its programs addressing trafficking, which would involve $15 million for foreign national victims and
$15 million for U.S. citizen and LPRs.
SDI 09 29
ACCESS TO SERVICES SHOULD BE DELINKED FROM LAW ENFORCEMENT

COOPERATION
ACTION GROUP 08
The next Administration should delink cooperation with law enforcement and
eligibility for services to foreign and national victims of trafficking.
This should be achieved to the greatest extent possible by Executive action. The current protec-
tion paradigm links victim cooperation with law enforcement to access to services.
Conditions of this sort should not be placed upon traumatized victims of trafficking
who have escaped or been rescued to be eligible to receive assistance that they need to
recover. The next President should ensure that victims are entitled to protection services
solely because they are victims of trafficking. Any such obstacles to eligibility by victims
to obtain assistance should be reversed by Executive action, or by seeking legislative
reform if necessary.
SDI 09 30
INCREASED FEDERAL SUPPORT FOR SOCIAL SERVICES NEED TO BE CREATED

ACTION GROUP 08
The President should ensure that authorized programs to serve U.S. citizen and
foreign national victims of human trafficking are created and funded. While the TVPA
authorizes specialized services to all victims of human trafficking, to date there has
been no funding for programs created to assist U.S. citizen victims of human trafficking,
including the large number of commercially sexually exploited children. Likewise, fund-
ing for foreign nationals has not been sufficient to meet their needs.
The Administration needs to prioritize dedicating resources to establish a network of

housing options across the country to serve trafficking victims.
It is well documented
that housing is among the most urgent and most consistently needed services for sur-
vivors of human trafficking. Yet, this is an area that has received less attention than any
other in regards to funding, model development, and evaluation. For adults and children
there are currently not enough shelter options addressing the special needs of trafficking
victims. Additionally, the next President should direct, by Presidential Memorandum or
other appropriate means, that federal officials with custody of trafficking victims place
those individuals in culturally and linguistically appropriate housing options to the
maximum extent possible. Increased funding for human trafficking shelters should not
impact funding for domestic violence or other shelters.
SDI 09 31
AT: ASSYLUM INHERENCY

ASSYLUM RELIEF IS NOT AVAILABLE TO TRAFFICKED PERSONS
CHEUNG - Trial Attorney with the United States Department of Justice, Antitrust Division, National Criminal
Enforcement Section. 07
Calvin, Protecting Sex Trafficking Victims: Establishing the Persecution Element
14 Asian Am. L.J. 31 LEXIS
Refugee law is the vehicle by which individuals fleeing persecution may seek asylum in the United States.
Under certain circumstances, a trafficking victim may apply for asylum relief. In order to obtain
asylum relief, a trafficking victim must qualify as a "refugee" under the definition found in 8 U.S.C. §
1101(a)(42). To qualify as a refugee, an applicant must prove that she is unable or unwilling to return
to her country of nationality or last residence because of persecution, or a well-founded fear of
persecution, on account of race, religion, nationality, membership in a particular social group, or
political opinion. n39 The traditional definition of persecution is "the infliction of suffering or harm upon
persons who differ in a way regarded as offensive." n40 The persecutor must also be the state itself or an entity
that the state is unable or unwilling to control. n41 Upon determination that a trafficking victim meets the
definition of a refugee, the Secretary of Homeland Security or the Attorney General may grant asylum to the
applicant. n42
Although immigration courts have never granted trafficking victims asylum, the protections of asylum
relief still present a more attractive option for trafficking victims than T-visas. First, under 8 U.S.C. §
1184(o)(2), the Secretary of Homeland Security and the Attorney General are only allowed to grant 5,000 T-
visas each year. Under refugee law, there are no such limitations for asylum relief. Second, obtaining a T-
visa is dependent on whether a victim will cooperate with authorities to prosecute traffickers. n43 This
presents a daunting task for victims who must testify against their captors. The San Francisco Chronicle
reported that oftentimes trafficking victims are more afraid of their captors than the authorities [*36]
because of the threat of reprisal. n44 In contrast, asylum relief does not require any form of assistance to law
enforcement. Finally, in order to qualify for a T-visa, an applicant must either be a victim of a "severe form
of trafficking," or be under the age of eighteen and have performed commercial sex against her will. n45 This
requirement unfairly disqualifies many victims who are older than eighteen and unwittingly agree to be
smuggled into the United States. There is no such requirement under refugee law.
SDI 09 32
DEPORTATION BAD
TRAFFICKED PERSONS ARE KICKED OUT OF THE U.S. AND DOUBLY VICTIMIZED
WHEN THEY RETURN HOME
HYLAND 01
If trafficked women are found by law enforcement, most frequently they are identified as illegal
immigrants. n123 The women either have no documentation because their owners confiscated their passports
or present fraudulent documentation provided by their owners. n124 As a result of their illegal status,
trafficking victims typically are jailed and eventually deported. n125
Once deported, a woman's repatriation can be dangerous and difficult. For example, in the case of
Burmese women, it may be physically dangerous to return home because of their native country's civil strife.
n126
Burmese women deported from Thailand are often left at the border, n127 where, if picked up by soldiers,
the women may be raped and killed. n128 There is also the possibility that traffickers will find escapees and
return them to Thailand. n129
Even if women successfully manage to return to their native country, they may face retribution from
organized crime groups or from their native country's law enforcement. Thai victims in California feared
returning home to Thailand after learning that their traffickers had been looking for them. n130 Government
authorities in the home country, instead of providing protection, may penalize returning victims with
arrest and detention for having illegally migrated. n131
Returning victims also may face ostracism from family and friends. A trafficked woman's husband or family
may disown her upon her return if she engaged in prostitution. n132 Families may refuse to take a woman back
after she has been a prostitute because she is viewed as unfit for marriage. n133 [*44] Some Albanian families
reportedly have killed returning women because of the immense shame they bring upon the family. n134 The
ostracism compounds the women's own sense of humiliation, since they may have left to become successful
and earn money for the family and have returned with nothing but shame.
SDI 09 33
TRAFFICKING HARMS
HUMAN TRAFFICKING IS THE LARGEST SLAVE TRADE IN HISTORY
CHEUNG - Trial Attorney with the United States Department of Justice, Antitrust Division, National Criminal
Enforcement Section. 07
Calvin, Protecting Sex Trafficking Victims: Establishing the Persecution Element
14 Asian Am. L.J. 31 LEXIS
The special report centered on You Mi Kim, a sex trafficking victim from South Korea who was tricked into
believing that leaving her family and working in America as a waitress would lead to [*32] financial
stability for herself and her family. n7 Instead, through a manipulative network of brokers, taxi drivers, and
pimps operating in South Korea, Mexico, and the United States, Kim unwittingly landed in sex brothels in
Los Angeles and San Francisco. n8 When Kim wanted to escape her "owners," she faced seemingly
insurmountable obstacles. n9 Her trafficking debt was $ 12,000, she had no money to return to Korea, and she
was in the United States illegally. n10 Moreover, she lived under the fear of reprisal against her family in
South Korea by criminal syndicates who were not afraid of using violence to protect the billions they
generated. n11 Another prostitute once warned Kim that "if you go back, they will try to find you." n12
Kim's circumstances typify the plight of thousands of Asian women and children who are trafficked into
the United States each year by promises of lucrative jobs as models or hostesses, only to be enslaved
and sold to brothels, strip clubs, and outcall services and extorted into working off heavy "smuggling"
debts. According to Kul Gautum, the Deputy Executive Director of the United Nations Children's Fund, the
trafficking of women and children across the Asia-Pacific region represents "the largest slave trade
in ... history." n13 Southeast Asia has the worst known record of human trafficking in the world, with teenage
girls as its usual victims working in sweatshops or brothels. n14
Collecting accurate data on the numbers of trafficking victims smuggled globally and into the United States
is problematic due to the clandestine nature of human trafficking and victims' fear in reporting victimization.
n15
According to the United States Department of State, an estimated 600,000 to 800,000 people are trafficked
annually across international borders, n16 while approximately 14,500 to 17,500 victims are trafficked into the
United States every year. n17 Estimates show that 80% of [*33] trafficking victims are women and girls. n18
The United States Department of Justice estimates that the majority of trafficking victims, approximately
5,000 to 7,000 annually, come from Asian countries, including Thailand, Vietnam, China, the Philippines,
Korea, and Malaysia. n19
SDI 09 34
DEHUMANIZATION
INDEPENDENTLY TRAFFICKING CONVERTS LIFE INTO AN OBJECTIFIED
COMMODITY WHOSE VALUE CAN BE CALCULATED AND TRADED
RAY 06
NILANJANA, Former Consultant in the Anti-Trafficking Section of UNICEF India; PhD on Child Labour
in India; currently the Katherine Kendall Scholar of the Doctoral Programme in Social Work at Washington
University in St. Louis Cardozo Journal of Law & Gender 12:909 LEXIS
Human trafficking, i.e. the objectification of human life into a commodity for the market, is brutal in
its concept as well as implementation. It views humans as commodities to be bought and sold, used and
exploited, and then discarded. It is successful because it targets the most vulnerable and marginalized
groups that are already struggling to survive on the lowest rungs of the socioeconomic hierarchy. The
empirical studies have revealed shocking statistics. Human trafficking, especially of women and children, has spread its tentacles globally and has
become literally omnipresent. No country today can claim to be untouched. If not a source country of victims or a destination country for
exploitation, the country will at least act as a transit route for the journey of the victims, a journey that is driven by hope and hunger. Such is the
journey each year for 600,000 to 800,000 people - 80% of whom are women and up to 50% of whom are minors - trafficked across international
borders for sexual and labour exploitation.
TRAFFICKING ITSELF IS DEHUMANIZATION
LAGON 08
Mark, U.S. Ambassador http://vienna.usmission.gov/ht-0208.html.
Human trafficking is a dehumanizing crime that turns people into slaves and sexual commodities.
According to the U.S. government, of the estimated 800,000 people trafficked across international
borders annually, 80 percent of victims are female, and up to 50 percent are children. Hundreds of
thousands of these women and children are used in prostitution each year. This figure does not account for
the many millions more trafficked within our own countries.
Human trafficking is a multi-dimensional threat. It robs people of their basic rights and fundamental
freedoms, it poses a global health risk, and it fuels the growth of organized crime, thereby spurring social
breakdown and undermining the rule of law.
SDI 09 35
IN ADDITION THE PRESENT POLICY PARTICIPATES IN A LOGIC OF

COMMODIFICATION BY SAYING THAT LIVES ARE ONLY WORTH SAVING IF
SURVIVORS AGREE TO PARTICIPATE IN PROSECUTIONS
BALES, FLETCHER AND STOVER 05

Kevin Bales, President, Free the Slaves; Laurel E. Fletcher, Acting Clinical Professor of Law and Director of the International Human
Rights Law Clinic, University of California, Berkeley, School of Law (Boalt Hall); Eric Stover, Director of the Human Rights Center and
Adjunct Professor of Public Health, Berkeley Journal of International Law 23 Berkeley J. Int'l L. 47 LEXIS
The U.S. government has been a leader in recognizing and combating forced labor worldwide. The Trafficking Act embodies an aggressive,
proactive approach to the problem of human trafficking and forced labor that:
criminalizes procuring and subjecting another human being to peonage, involuntary sex trafficking, slavery, involuntary servitude, or forced
labor;
. provides social services and legal benefits to survivors of these crimes, including authorization to remain in the country;
. provides funding to support protection programs for survivors in the United States as well as abroad; and
. includes provisions to monitor and eliminate trafficking in countries outside the United States.
Despite these considerable advancements, the Trafficking Act has some notable shortcomings. The act conditions
immigration relief and social services on prosecutorial cooperation and thus creates the perception
that survivors are primarily instruments of law enforcement rather than individuals who are, in and of
themselves, deserving of protection and restoration of their human rights.
SDI 09 36
INSTRUMENTALIZED DEHUMANIZATION OF THE VALUE OF THE INDIVIDUAL

DESTROYS THE VALUE TO LIFE AND LEADS TO GENOCIDE
Fasching, Professor of Religious Studies in the University of South Florida 1993 [Darrell J., Part II of The
ethical challenge of Auschwitz and Hiroshima: Apocalypse or Utopia?, Chapter 4 "The Ethical Challenge of Auschwitz
and Hiroshima to Technological Utopianism", part 4 "The Challenge of Auschwitz and Hiroshima:
From Sacred Morality to Alienation and Ethics", Ebooks]
Although every culture is inherently utopian in its potentiality, the internal social dynamic through which its symbolic world-view is maintained as a sacred
order has a tendency to transform it into a closed ideological universe (in Karl Mannheim's sense of the ideological; namely, a world-view that promises
change while actually reinforcing the status quo) that tends to define human identity in terms advantageous to some and at the expense of others.
Historically the process of dehumanization has typically begun by redefining the other as, by nature, less
than human. So the Nazis did to the Jews, and European Americans did to the Native Americans, men have done
to women, and whites to blacks. By relegating these social definitions to the realm of nature they are removed from the realm of choice and ethical
reflection. Hence those in the superior categories need feel no responsibility toward those in the inferior
categories. It is simply a matter of recognizing reality. Those who are the objects of such definitions find themselves robbed of their humanity. They
are defined by and confined to the present horizon of culture and their place in it, which seeks to rob them of their utopian capacity for theonomous self-
transcending self-definition.
The cosmicization of social identities is inevitably legitimated by sacred narratives, whether religious or secular-scientific (e.g., the Nazi
biological myth of Aryan racial superiority), which dehumanize not only the victims but also the victors. For to create such
a demonic social order the victors must deny not only the humanity of the other who is treated as totally alien but
also their own humanity as well. That is, to imprison the alien in his or her enforced subhuman identity (an identity
that attempts to deny the victim the possibility of self-transcendence) the victor must imprison himself or herself in this same world as it has been defined
and deny his or her own self-transcendence as well.
The bureaucratic process that appears historically with the advent of
urbanization increases the demonic potential of this process, especially the modern state bureaucracy organized
around the use of the most efficient techniques to control every area of human activity. The result is, as Rubenstein
reminds us, the society of total domination in which virtually nothing is sacred, not even human life.
SDI 09 37
DEHUMANIZATION IS THE TRUE ZERO POINT OF THE HOLOCAUST. THE

LOGIC THAT ACCEPTS THE DEHUMANIZATION OF INDIVIDUALS MAKES
EXTERMINATION AND EXTINCTION INEVITABLE
Berube, 1997.
(Berube, David. Professor. English. University of South Carolina. “Nanotechnological
Prolongevity: The Down Side.” 1997.
http://www.cas.sc.edu/engl/faculty/berube/prolong.htm.)
Assuming we are able to predict who or what are optimized humans, this entire resultant worldview smacks of eugenics and Nazi racial science.
This would involve valuing people as means. Moreover, there would always be a superhuman more super than the current ones, humans would
Montagu
never be able to escape their treatment as means to an always further and distant end. This means-ends dispute is at the core of
and Matson's treatise on the dehumanization of humanity. They warn: "its destructive toll is
already greater than that of any war, plague, famine, or natural calamity on record -- and its
potential danger to the quality of life and the fabric of civilized society is beyond calculation.
For that reason this sickness of the soul might well be called the Fifth Horseman of the
Apocalypse.... Behind the genocide of the holocaust lay a dehumanized thought; beneath the
menticide of deviants and dissidents... in the cuckoo's next of America, lies a dehumanized
image of man... (Montagu & Matson, 1983, p. xi-xii). While it may never be possible to
quantify the impact dehumanizing ethics may have had on humanity, it is safe to conclude
the foundations of humanness offer great opportunities which would be foregone. When we
calculate the actual losses and the virtual benefits, we approach a nearly inestimable value
greater than any tools which we can currently use to measure it.
Dehumanization is nuclear war, environmental apocalypse, and international genocide. When
people become things, they become dispensable. When people are dispensable, any and every
atrocity can be justified. Once justified, they seem to be inevitable for every epoch has evil and
dehumanization is evil's most powerful weapon.
SDI 09 38
TRANSNATIONAL CRIME LINKS

TRAFFICKING FUNDS AL QAEDA
PALMERLEE 04
April, Former Senior Official in State Department and analyst for Center for
Independent Studies http://www.onlineopinion.com.au/view.asp?article=2727.
Another aspect of trafficking is how this lucrative business ties in to organised crime. The profits from the
illegal sale and purchase of human beings are often used to fuel several other kinds of criminal
activities. According to the UN, human trafficking is the third largest criminal enterprise in the world. It
generates an estimated US$9.5 billion in annual revenue according to US intelligence. Victims are often
subdued because of encouraged or enforced substance abuse, tying them to the drug trade. There have also
been documented links to terrorism, such as the profits from trafficking and prostitution being used to
support terrorist groups like al-Qaeda.
CUTTING REVENUES IS KEY TO PREVENTING AL QAEDA ATTACKS
VITTORI 05
Jodi M. Vittori, INTERNATIONALE POLITIK JOURNAL OF THE GERMAN COUNCIL ON FOREIGN
RELATIONS
http://www.ip-global.org/midcom-permalink-1e416b5c4e2b11dbab302f9b80f22ff22ff2.
Millionaire Osama bin Laden might not seem to face problems of revenues and cash flows in financing al
Qaeda terrorism. But like any other multinational corporation, al Qaeda has to manage money
efficiently in its worldwide operations. One of the ways to thwart terrorist attacks, then, is to curb the
money laundering and other sources of illicit funds that make bombings possible.
If RAND Vice President Bruce Hoffman is right in his aperçu that the Qaeda organization operates like
any other multinational corporation, then one way to thwart “terrorist CEO” Osama bin Laden must be
to cut his revenues and cash flows. It’s a 21st-century variant of the taming of Al Capone by nailing him for
tax violations.
HUMAN TRAFFICKING REVENUES ARE VITAL TO ORGANIZED CRIME

BECAUSE THEY ARE SUSTAINABLE
SHELLEY 03
Louise, Professor in the Department of Justice, Law, and Society and the School of International Service at
American University http://policy-traccc.gmu.edu/resources/publications/shelle72.pdf.
The next most significant transnational organized crimes are trafficking in persons and in
arms. An important distinction characterizes these forms of organized crime. Arms deliveries
involve the transfer of inanimate goods that are used to commit other crimes or to arm regional
conflicts. In contrast, trafficking in persons involves the movement of live human beings who are
exploited continuously after their delivery. Likewise, human trafficking provides ongoing
revenues for transnational organized crime, whereas the arms trade, if it is to be sustained,
requires the perpetuation of conflict.
SDI 09 39
CUTTING REVENUE FLOWS TO TERRORIST GROUPS PREVENTS FUTURE

ATTACKS
ANAN 06
Kofi, UN Secretary General Uniting against terrorism: Recommendations for a global counter-terrorism
strategy: http://www.un.org/unitingagainstterrorism/chap3.htm.
Terrorists require means to carry out their attacks. The ability to generate and move finances, to
acquire weapons, to recruit and train cadres, and to communicate, particularly through use of the
Internet, are all essential to terrorists. They seek easy access to their intended targets and increasingly look
for greater impact - both in numbers killed and in media exposure. Denying them access to these means and
targets can help to prevent future attacks.
MONEY IS KEY TO TERRORIST ACQUISITION OF WEAPONS OF MASS

DESTRUCTION
ANAN 06
Once a terrorist has money with which to plan an atrocity, he will next turn to what practical means he
can use - how to get hold of a weapon. While most terrorist attacks so far have used conventional weapons,
no one can disregard the enormously destructive potential of terrorists using nuclear, biological,
chemical or radiological weapons. Several terrorist groups have professed a determination to obtain
weapons of mass destruction and some have even used them, fortunately without catastrophic impact.
Denying them access to these materials must be a serious part of the international effort.
TRAFFICKING FUNDS ARE PASSED ON TO TERRORISTS
KEEFER 06
Sandra, Colonel U.S. Army War College HUMAN TRAFFICKING AND THE IMPACT ON NATIONAL SECURITY FOR
THEUNITED STATES http://stinet.dtic.mil/cgi-bin/GetTRDoc?AD=ADA448573&Location=U2&doc=GetTRDoc.pdf.
Human trafficking like prostitution has been around for many years. It is a fact that more
money than one can imagine has been made selling humans to the highest bidder. It is also a
fact that money made from human trafficking finds its way into the hands of drug lords. Drug
lords than turn around and give the money to support terrorist activities. This could not have
been made more evident to the United States than on September 11, 2001. What can the
United States’ with the help of the United Nations do about countries actively involved in human
trafficking?
SDI 09 40
TRAFFICKING IS A HUGE SOURCE OF REVENUE FOR ORGANIZED CRIME
HYLAND 01
Traffickers in women are motivated by the immense profitability of the crime. Trafficking in women has
become organized crime's third [*38] most profitable trafficking industry behind drugs and guns. n73
Overall, the Vienna-based International Centre for Migration Policy Development estimates that profits
from trafficking in persons were as much as $ 7 billion in 1995. n74 Traffickers of Thai women to New
York brothels grossed approximately $ 1.5 million in fifteen months. n75 A Mexican crime family trafficking
hearing-impaired Mexicans for peddling profited by $ 8 million over four and one half years. n76
Trafficking is particularly lucrative because traffickers receive steady profits from forced labor and
sexual exploitation over a long period of time, in contrast to smugglers who receive only one payment
for transporting a person. n77 Unlike drugs, humans may be sold repeatedly and continue to work and
earn money for their owners. n78
TRAFFICKING INCREASES ORGANIZED CRIME AND TERRORISM
AMERICAN PUBLIC HEALTH ASSOCIATION

HEALTH CARE AND HUMAN TRAFFICKING
http://www.apha.org/membergroups/newsletters/sectionnewsletters/comm/spring08/Human+Trafficking.htm.
After drug dealing, human trafficking is tied with the illegal arms industry as the second largest
criminal industry in the world today, and it is the fastest-growing.5 Many of the world’s major sex
traffickers may be connected to organized crime groups, who may use the profits to fund other
criminal activities. This may equate to more drugs, crime and terrorism in our communities.
TRAFFICKING FUNDS THE EXPANSION OF OTHER CRIMINAL ACTIVITIES
SHELLEY 99
- Dr. Louise I. Shelley, Testimony before the Commission on Security and Cooperation in Europe (the
Helsinki Commission), June 28, 1999 http://policy-traccc.gmu.edu/transcrime/humantrafficking.shtml.
"Trafficking (of humans) helps perpetuate systemic government corruption. It helps fund the expansion of
other organized crime activities as traffickers are often also engaged in trafficking arms and drugs. The
quick and continuous profits made from trafficking also permit the criminal organizations to expand
into other areas of illicit activity."
TRAFFICKING IS USED TO FUND OTHER ORGANIZED CRIME ACTIVITIES AND

TERRORISM
AMERICAN PUBLIC HEALTH ASSOCIATION 08

http://www.apha.org/membergroups/newsletters/sectionnewsletters/comm/spring08/Human+Trafficking.htm
After drug dealing, human trafficking is tied with the illegal arms industry as the second largest criminal
industry in the world today, and it is the fastest-growing.5 Many of the world’s major sex traffickers may be
connected to organized crime groups, who may use the profits to fund other criminal activities. This may
equate to more drugs, crime and terrorism in our communities.
SDI 09 41
FUNDS FROM TRAFFICKING LEAD TO OTHER ORGANIZED CRIME ACTIVITIES
HUGHES 2000
Donna M. Hughes University of Rhode Island The "Natasha" Trade -
The Transnational Shadow Market of Trafficking in Women
http://policy-traccc.gmu.edu/resources/publications/pyschu01.doc. 01
As organize crime trafficking in women for the purpose of sexual exploitation is an increasing type of
international criminal group generating high profits with low risk for traffickers5. Trafficking networks
may recruit and transport women legally or illegally for slavery-like work, including forced prostitution,
sweatshop labor, and exploitative domestic servitude.
As mention Dr.Shelley “trafficking helps perpetuate systemic government corruption. It helps fund the
expansion of other organized crime activities as traffickers are often also engaged in trafficking arms and
drugs. The quick and continuous profits made from trafficking also permit the criminal organizations
to expand into other areas of illicit activity”.
Trafficking in women as a shadow economy does not bring financial prosperity to local communities. The
women often end up with nothing, or any money they earn comes at great cost to their health, emotional well
being and standing in the community. The money made by the criminal networks does not stay in poor
communities or countries, but is laundered through bank accounts of criminal bosses in financial centers,
such US, Western European countries or in off-shore accounts.
TRAFFICKING POURS BILLIONS OF DOLLARS INTO ORGANIZED CRIME

FUNDING OTHER ACTIVITIES AND TERRORISM
RODGERS 09
Andrea, http://askmissa.com/tag/human-trafficking/.
Here are some facts people are obviously unaware of:
· Human Trafficking is Modern Day Slavery.
· There are more slaves in the world today than in any time in history!
· There are 27 Million slaves today, which is more than the number of slaves in all 400 years of the
Trans-Atlantic slave trade combined.
· Human Trafficking is the fastest growing criminal industry in the world, second only to the Drug
Trade.
· Human Trafficking is more lucrative than the illegal arms trade.
· Each year over 2 Million women and children are sold into slavery, and within the U.S. over 300,000
annually.
· One victim is trafficked across international borders every minute.
· Human Trafficking is happening everywhere in the world, and in our own country.
· Human Trafficking is a $32 Billion industry for organized crime.
· In the D.C. Metropolitan area specifically, it is a $100 Million business each year.
· The money from this illicit industry fuels organized crime and terrorist networks worldwide
SDI 09 42
HUMAN RIGHTS LEADERSHIP
LINK EXTENSIONS
ACTING ON HUMAN TRAFFICKING WILL RESTORE U.S. GLOBAL LEADERSHIP
ACTION GROUP 08
The devastating toll of human trafficking, a form of modern-day slavery, urgently demands
a renewal of American leadership, both at home and abroad. This global scourge offers
the incoming Administration a compelling opportunity to exercise leadership on human
rights, enhance America’s image abroad, seriously address transnational crime, and
advance progress on a range of issues from poverty alleviation and HIV/AIDS to corrup-
tion and violence against women.
For more than a decade, U.S. leadership in fighting human trafficking and modern-day
slavery has garnered international attention and respect as one of our most effective and
positive international policy initiatives.
The Clinton Administration’s policies established a foundation for combating human traf-
ficking based on the “Three P’s”: prevention, protection of trafficking victims and prosecu-
tion of perpetrators. President Clinton formally launched the U.S. Government’s global
efforts to address the trafficking in human beings on Women’s Day in March 1998, when
he issued a Presidential Directive containing the original framework for Executive Branch
action. Since that time, the United States has become a world leader in combating human
trafficking. In 2000, Congress passed and President Clinton signed into law the Trafficking
Victims Protection Act (TVPA), including the first funding authorizations, based upon
this strategic and operational framework.
President Bush and his administration have supported and significantly expanded
America’s commitment to end human trafficking. The U.S. Government’s efforts, including
the annual Department of State’s Trafficking in Persons’ Report, steady diplomatic engage-
ment, and over $300 million in funding of anti-trafficking programs since 2001, have
earned the grudging respect of even the harshest critics of U.S. human rights policies.
Although U.S. policy leadership has achieved several key goals- raised global awareness,
created a governmental structure and begun to advance understanding of the problem and
effective responses - serious challenges remain if the U.S. is to effectively tackle human
trafficking both domestically and abroad. The next President needs to understand the
complex nature of these challenges and the critical importance of all three elements of the
framework for combating human trafficking: prevention, protection and prosecution.
As a nation, we must expand this legacy of engagement by improving our existing gov-
ernance structures. To properly protect the victims of human trafficking - the women,
men and children who in search of a better life find themselves entrapped as slaves - and
to properly address this heinous and dynamic crime, the United States must reassert its
role as a champion of human rights and commit anew to the abolishment of modern-day
slavery. We must also acknowledge and lead the world in addressing the underlying causes
of human trafficking – in particular the economic forces that make children, women and
men vulnerable to exploitation and human trafficking. Poverty, unemployment, and the
forces that push and pull workers to migrate must be analyzed in terms of their impact on
the vulnerability of populations to trafficking.
SDI 09 43
REMOVING CONDITIONS FROM THE AVAILABILITY OF SOCIAL SERVICES

WOULD ENHANCE U.S. CREDIBILITY
SHINKLE 07
Whitney Shinkle is a Research Associate at the Institute for the Study of International Migration at the Walsh School of Foreign
Service at Georgetown University PROTECTING TRAFFICKING VICTIMS:
INADEQUATE MEASURES? http://isim.georgetown.edu/Publications/GMF%20Materials/TVPRA.pdf.
The US framework could be most strengthened by instruments designed to enhance the human
rights approach to victims. The institution of a reflection period, along the lines of that mandated
in Europe, allowing survivors to access vital services and evaluate their options with the advice
of qualified legal and human services personnel in order to make fully informed decisions about
their options, is appropriate. Providing services, legal counsel, and protection independent of
a survivor’s decision to participate in law enforcement efforts would further strengthen the
credibility of the human rights approach.
SDI 09 44
Human Rights Good – Stability

Human rights are key to long-lasting stability
Kuhner 3
Timothy, HUMAN RIGHTS TREATIES IN U.S. LAW: THE STATUS QUO, ITS UNDERLYING BASES, AND PATHWAYS FOR CHANGE, 13
Duke J. Comp. & Int'l L. 419, Lexis
So too with human rights protections, insofar as human rights abuses causally correlate with regional instability
and frustrate development - economic or otherwise. Countries willing to tolerate minor
reductions in their ability to abuse their own citizens may achieve an enhanced ability to
accomplish other ends. By incorporating external inputs into domestic law, thereby providing a point of
insertion for international influence into domestic decision-making, the "collective action problem' of human rights
protection can be addressed. 144
Human Rights Good – Now Key

Now is key to invigorate global human rights
Human Rights Watch 9

1/14,World Report: Obama Should Emphasize Human Rights Stop Abusive States From Playing System to Avert Criticism, JANUARY 14, 2009,
http://www.hrw.org/en/news/2009/01/14/2009-world-report-obama-should-emphasize-human-rights
For the first time in nearly a decade, the US has a chance to regain its global credibility by turning the
page on the abusive policies of the Bush administration," said Kenneth Roth, executive director of Human Rights Watch.
"And not a moment too late. Today, the most energetic diplomacy on human rights comes from such
places as Algiers, Cairo, and Islamabad, with backing from Beijing and Moscow, but these
‘spoilers' are pushing in the wrong direction."
SDI 09 45
Human Rights Good – Outweighs War

Human rights outweighs war
Shattuck 94
John, Assistant Secretary of State for HR, Federal News Service, ln
I would like to start my testimony, Mr. Chairman, which I will summarize -- obviously, you have an extended statement, and I do apologize for the fact that
it arrived perhaps later than it should have -- I'd like to start by offering some brief observations about what it means to advocate human rights and
democracy in the post-Cold- War world, which is where we are today, of course. We are confronted by extraordinary changes all around us that are at once
profoundly inspiring and deeply disturbing. Alongside a worldwide movement for human rights and democratization, which I think has transformed in
many ways the political shape of the globe, we see stirrings of deep cultural and ethnic tensions. The principle of self-determination is being pursued and
Around the world we are witnessing
yet is itself a source of very deep human rights questions. These are not academic questions.
ugly and violent racial, ethnic and religious conflict in Bosnia, Central Asia, Africa, most vividly, perhaps, right now in
Rwanda, in the Sudan, but elsewhere, too, away from the cameras. The international community clearly has not developed
an adequate response to these problems. Why, then, if they are so daunting, has this administration made protecting
human rights and promoting democracy a major part of our foreign policy agenda? I think the answer lies not only in our
American values but in also the strategic benefits to the United States. We know from historical experience that democracies are more likely than other
forms of government to respect human rights, to settle conflict peacefully, to observe international law and honor agreements, to go to war with great
reluctance, and rarely against other democracies, to respect the rights of ethnic, racial and religious minorities living within their borders, and to provide the
the costs to the world of repression and
social and political basis for free market economics. By contrast, Mr. Chairman,
authoritarianism are painfully clear. In the 20th century, the number of people killed by their
own governments under authoritarian regimes is four times the number killed in all this
century's wars combined. Repression pushes refugees across borders and triggers wars;
unaccountable governments are heedless of environmental destruction, and the agenda for
repression goes on in a very negative way. These, then, are the reasons why promoting
democracy and human rights are at the forefront of our foreign policy agenda. What are our strategic
objectives? In a word, Mr. Chairman, we aim, perhaps not yet successfully, to incorporate human rights and democracy
into the mainstream of our foreign policy-making.
SDI 09 46
Human Rights Good – Laundry List

US human rights leadership is key to soft power, democracy and the war on terror
Roth 9
Kenneth, Executive Director of human rights watch, Human Rights Watch World Report 2009, Introduction by Kenneth Roth,
http://www.hrw.org/en/world-report-2009/taking-back-initiative-human-rights-spoilers
A government's respect for human rights must be measured not only by how it treats its own people but also by how it protects rights in its relations with
the response of governments
other countries. As we commemorate the sixtieth anniversary of the Universal Declaration of Human Rights,
to the plight of people abroad is often anemic. Indeed, it is a sad fact that when it comes to this international protection
of rights, the governments with the clearest vision and strategy are often those that seek to undermine
enforcement. The days are past when one would look to Washington, Brussels, or other Western capitals for the initiative in intergovernmental
discussions of human rights. Today, those conducting the most energetic diplomacy on human rights are likely to
reside in such places as Algiers, Cairo, or Islamabad, with backing from Beijing and Moscow. The
problem is that they are pushing in the wrong direction. These human rights opponents defend
the prerogative of governments to do what they want to their people. They hide behind the principles of
sovereignty, non-interference, and Southern solidarity, but their real aim is to curb criticism of their own human rights
abuses or those of their allies and friends. The activities of these "spoilers" have come to dominate intergovernmental
discussions of human rights. For example, they have ended United Nations scrutiny of severe repression in Uzbekistan, Iran, and the Democratic Republic
of Congo. They have mounted intense challenges to criticism of the Burmese military and possible prosecution of Sudanese President Omar al-Bashir. And
they have deeply compromised the new UN Human Rights Council. The reason for their success lies less in the attractiveness of their vision than in the
often weak and inconsistent commitment of governments that traditionally stood for the defense of human rights. It is not as if the people of the world are
suddenly enamored of dictatorship and repression. Their desire for basic rights remains unchanged, whether in the displaced persons camps of Darfur, the
tribal areas of Pakistan, or the prisons of Egypt. Rather, the vigor of the anti-human rights campaign is, ironically, a testament to the power of the human
Shifts in global
rights ideal. The spoilers would hardly bother if the stigma of being labeled a human rights violator did not carry such sting.
power have emboldened spoiler governments in international forums to challenge human rights
as a "Western" or "imperialist" imposition. The force of China's authoritarian example and the oil-fueled muscle of Russia have
made it easier to reject human rights principles. The moral standing of a country like South Africa by virtue of its own dark past means that its challenge to
governments that care about human rights worldwide
the international human rights agenda is influential. Nevertheless,
retain enough clout to build a broad coalition to fight repression-if they are willing to use it. Instead, these
governments have largely abandoned the field. Succumbing to competing interests and credibility problems of their own making, they have let themselves
be outmaneuvered and sidelined in UN venues such as the Security Council and the Human Rights Council, and in the policy debates that shape
multilateral diplomacy toward Burma, Darfur, Sri Lanka, Zimbabwe, and other trouble spots. For the United States, that withdrawal is the logical
consequence of the Bush administration's decision to combat terrorism without regard to the basic rights not to be subjected to torture, "disappearance," or
Washington's periodic efforts to discuss rights have been undercut
detention without trial. Against that backdrop,
by justifiable accusations of hypocrisy. Reversing that ugly record must be a first priority for
the new administration of Barack Obama if the US government is to assume a credible
leadership role on human rights. Washington's frequent abdication has often forced the European Union to act on its own. Sometimes it
has done so admirably, such as after the Russia-Georgia conflict, when its deployment of monitors eased tensions and helped protect civilians, or in eastern
Chad, where it sent 3,300 troops as part of a UN civilian protection mission. But the EU did a poor job of projecting its influence more broadly, to places
like Burma, Somalia, or the Democratic Republic of Congo. It often sought to avoid the political fallout of doing nothing by hiding behind a cumbersome
EU decision-making process that favors inaction. Moreover, its frequent reluctance to stand up to the Bush administration in protest against abusive
counterterrorism policies opened the EU to charges of double standards that poisoned the global debate on human rights and made it easier for spoilers to
prevail.
SDI 09 47
Human Rights Good – AT: Terminally Defeated

Obam can change the course of global human rights leadership
Roth 9
Kenneth Roth, exec. Director of human rights watch, Human Rights Watch World Report 2009, Introduction by Kenneth Roth,
http://www.hrw.org/en/world-report-2009/taking-back-initiative-human-rights-spoilers
That the initiative on human rights has been captured by governments that do not wish
international protection well should generate not despair but resolve. The new Obama
administration in Washington offers the hope of a US government that can assume a place of
leadership in promoting human rights. If the European Union can generate the political will and surmount its self-imposed
procedural paralysis, it will be in a position to help build a genuine global coalition for human rights that can seize the initiative from the spoilers.
Governments that purport to promote human rights should abide by certain basic rules to be effective. First, they
should ensure their own scrupulous respect for human rights-because international law obliges
them to do so, because it will set a positive example, and because compliance will help silence charges of
hypocrisy. They should also abandon efforts to undermine human rights standards, such as the
prohibition of torture in the context of fighting terrorism, or refugee protection in the rush to develop a common
asylum policy. When these governments face criticism for violating human rights, they should accept it as legitimate discourse rather than an
affront to be reflexively rejected.
Decline in HR leadership can be reversed
Kurlantzick 6
Joshua, Visiting scholar at the Carnegie Endowment [http://www.carnegieendowment.org/files/Kurlantzick.pdf
The game is not lost. As Nye himself notes, the United States recovered from a previous decline in soft power
after the Vietnam War. Other recent examples suggest the same—in the wake of a concerted American response
to the December 2004 Asian tsunami, complemented by solid public diplomacy, the image of the United States in
Indonesia this year has improved. And the United States still clearly possesses a soft power lead over its nearest rivals. It remains the
world’s most powerful economic actor, and it retains hard power credentials that will augment its soft power for years to come. Still, the
administration must realize that it is doing long-term damage to American soft power, and that it
can reverse its losses.
SDI 09 48
Human Rights Good – AT: Guantanamo Solves

Closing Guantanamo was just the first step – more comprehensive action is needed
Hilde 9
Thomas C., Proffesor of Public Policy @ Maryland, University of Maryland, http://www.boell.de/downloads/Guantanamo-Layout.pdf
How to restore the credibility of a country whose foundations and self-understanding are based on the universality of freedom and human rights, but that
has violated precisely those rights by practicing torture in Guantánamo and other prisons around the world? The image of the United States as
a role model of liberal democracy has suffered tremendously over the last eight years. In the name of the global war on terror, former
President Bush suspended the law for those detained as possible terrorists. Even though President Obama’s promise to close
Guantánamo is recognized by the international community as a first step towards restoring U.S. credibility, several problems
require comprehensive policy solutions: How to proceed with detainees that are considered to be dangerous? What to do with detainees who are
cleared of suspicion, but might face torture in their country of origin? How to cope with evidence that is derived from torture? Thomas C. Hilde outlines
several post-Guantánamo detainee policy proposals – and their difficulties – that address these distinctive sets of issues, such as military commission trials,
continued preventive detention, a national security court or U.S. criminal court trials. In the long run, however, restoring credibility through a reformed
detainee policy is only one component of post-Guantánamo credibility; the second indispensable element is accountability. Prof. Hilde discusses the
functions of different forms of accountability in the process of reestablishing U.S. credibility on human rights. Whereas legal accountability requires the
formal investigations of human rights violations, public-moral and pragmatic accountability refer to the need to address the norms on which international
a public discourse is needed that confronts the stories of those who have
society is based. Moreover,
suffered human rights violations and the empathetic aspect of human rights. A more comprehensive form of
accountability can serve as both a means towards regaining U.S. credibility and a strengthening
of human rights culture.
SDI 09 49
Human Rights Good – AT: Hard Power Solves

Hard power no longer ensures global co-operation on key issues
Shapiro 9
Walter, journalist and former press secretary and speech writer for President Carter Jun 17, http://www.politicsdaily.com/2009/06/17/the-worlds-sheriff-
needs-a-new-weapon/
America's domestic political battles over foreign policy have all been fought
Beginning with the Cold War,
along the grid of fight versus negotiate, strong versus weak, tear down that wall versus nuclear freeze. A true-false question pollsters
ask to gauge national security attitudes is: "The best way to ensure peace is through military strength." Over the last 20 years, the public has been
consistently more hawkish ("True") than dovish ("False") on this question, according to polls conducted by the Pew Research Center for the People & the
Press. In the April version of this survey, 75 percent of Republicans but only 43 percent of Democrats believed in "peace through military strength." But
military strength has absolutely nothing to do with the fate of the limited democracy granted to
Iranians. And, while the American Navy may play a major role in challenging North Korean
shipping, the policy is only made possible by the cooperation of the Chinese in the Security
Council. The other fearsome foreign policy puzzle – what to do to support Pakistan's battle against Taliban militants in the
Swat Valley – also does not lend itself to traditional military remedies. Each of these three countries (Iran, North Korea and
Pakistan) is as much of a riddle wrapped up in an enigma as the Soviet Union ever was. The Politburo was an open book compared to deciphering the
decision making of Ayatollah Ali Khamenei and Iran's other religious leaders. Sorting out the connection between North Korea's nuclear tests and the
succession crisis brought on Kim Jong-Il's apparent stroke and failing health defies any foreign policy expert with an ounce of humility. And even though
Pakistan is a (very weak) democracy, the subterranean ties between the Pakistani security services and the Taliban make it difficult to figure out the game
of shadows in the frontier provinces. After the Iraqi debacle over the mythical weapons of mass destruction, there should be a cautionary are-you-sure
hesitation before America again acts on "slam dunk" intelligence. But in many ways, these three countries – two with nuclear weapons and the third
somewhere on the road to a bomb – are as opaque as Saddam Hussein's Iraq. With limited military options and a black hole when it comes to intelligence,
America's superpower status does not do much to safeguard stability in some of the most volatile
spots on the globe. To put it loosely, there have been three phases of American foreign policy since the Berlin Wall was broken into souvenir
chunks of concrete. There was the idyllic-in-hindsight 1990s when America was unchallenged except financially. The horrors of 9/11 quickly morphed into
with Obama, we are entering an era of
the whack-a-mole America Unchained excesses of the Bush administration. Now
leverage, when the problems confronting the nation (and the world) require new diplomatic, military and
financial tools. There is no guarantee that this new phase will be any easier – or America will be any
more successful in promoting peace and democracy. But maybe, just maybe, it is time to retire
the old tired arguments about who is the toughest sheriff in the world.
American humanitarian involvement galvanizes allied action.
Loescher expert on international refugee policy, Professor at the Refugee Studies Centre, Queen Elizabeth House,
University of Oxford, August 1996, Gil, Beyond Charity: International Cooperation And The Global Refugee Crisis
A Twentieth Century Fund Book, pg. 107
United States is still the only nation whose leadership most other nations are willing to follow, and it is the
country most capable of setting up various measures to direct international efforts toward a constructive goal.
Therefore, American leadership is vital in galvanizing collective efforts to resolve many of the complex
humanitarian problems of the post-Cold War era. While addressing American domestic needs is important,
governmental willingness to deal with regional and international instabilities, such as ethnic conflicts and mass
refugee movements, is critical to America's prospects-particularly if the United States wants to play an effective
role internationally. Moreover, without active American involvement, the international community will be
limited to reactive, damage control measures in response to humanitarian crises. As we move toward the twenty-
first century, the United States, along with other donor countries, must make every effort to provide the
financing, commodities, and other resources that alone can enable the UN to meet the expectations invested in it.
SDI 09 50
SDI 09 51
TRANSNATIONAL CRIME IMPACTS

A TERRORIST USE OF WMD WOULD COLLAPSE THE GLOBAL ECONOMY
ANAN 06
A nuclear, biological, chemical or radiological terrorist attack would have a devastatingly far-reaching
impact. In addition to causing widespread death and destruction, it could deal a crippling blow to the
world economy and drive millions of people into dire poverty. An ensuing effect on infant mortality could
unleash a second wave of deaths throughout the developing world.
organized crime makes all of their wars inevitable – pre-requisite for

stability*
UNODC 9
February, Preventing organized crime from spoiling peace, Commission on Narcotic Drugs,
http://www.unodc.org/unodc/en/frontpage/preventing-organized-crime-from-spoiling-peace.html
Look at almost any conflict zone in the world, and you'll find spoilers with links to
criminal groups. Conflict creates cover for illicit enrichment - whether it be drugs, natural resources, or the
trafficking of weapons and people. It also creates profitable new markets for smuggled goods. In the absence of the
rule of law and licit competition, criminal groups fill a lucrative vacuum. Since they profit from
instability they have few incentives for peace. Organized crime is therefore a
major threat to keeping and building peace, and - because of its transnational
nature - has an impact on regional security. As a result, conflicts which may seem
tractable drag on for years. "Peacekeepers, peacemakers, and peace-builders are starting to wake up to the
impact of crime on conflict, and UNODC has a unique skill set that can address this urgent problem", says UNODC
Spokesman Walter Kemp, "The establishment of the UN Peacebuilding Commission, an ever-expanding number of
peacekeeping operations that include a rule of law component, an increased emphasis on conflict prevention, and
greater attention to the political economy of conflict all demonstrate the need for expertise in dealing with organized
crime in fragile situations", says Mark Shaw, Chief of UNODC's Integrated Programming Unit. Yet expertise is
relatively limited. As the Executive Director of UNODC, Antonio Maria Costa has pointed out, "we need more
specialists to fight organized crime. Under the UN flag, there are more than 130,000 soldiers and 10,000 police. Yet,
the UN has less than a dozen experts on organized crime. How can we answer the calls for help when we have few
people to send?" UNODC is taking steps to rectify this problem, both within the UN system and among Member
States. "UNODC is well-positioned to play a key role in this area since we are the guardian of the UN Convention
against Transnational Organized Crime and the developer of a number of key tools to strengthen criminal justice in
post-conflict settings", says UNODC Director of Operations Francis Maertens. One such tool was launched in New
York on 11 February - Model Codes for Post-Conflict Criminal Justice which was produced in partnership with the
Office of the High Commissioner for Human Rights, the US Institute for Peace, and the Irish Centre for Human
Rights. "Blue helmets get most of the attention when people think about building peace and security", said Mr.
Costa at the launch, "but long-term security depends first and foremost on the
creation or restoration of the rule of law, and that is what this Model Code is for".
SDI 09 52
leads to failed states

Carlson 97
Thomas, Commander of the US Navy, The Threat of Transnational Organized Crime to U.S. National Security: A
Policy Analysis Using a Center of Gravity Framework, Global Security, Online
Transnational organized crime contributes to and thrives on the recent and growing
trend of ungovernability that is undermining the ability of many states to carry out
their traditional functions. Ungovernability is defined as "the declining ability of governments worldwide,
but particularly in the Third World, to govern and carry out the many and various responsibilities of managing a
modern state in an increasingly complex environment."[52] Ungovernability is characterized by a
decline in the rule of law, stagnating economies, and deteriorating infrastructures.
The result has been an increasing burden on the international community to take
action in support of "failed" states, such as Somalia and Rwanda, when the situation reaches the
appropriate moral, legal, humanitarian, and/or security threshold.[53]
failed states are a comparatively larger risk than great power wars
Yoo 5
John, Professor of Law, University of California at Berkeley School of Law, Failed States, Int’l Colloquium, Online
Failed states pose perhaps the most dangerous threat to both American national
security and international peace and stability. Failed states have served as the
incubator of international terrorist groups, such as the al Qaeda organization that attacked the United
States on September 11, 2001, or as trans-shipments points for illicit drugs, human
trafficking, or the proliferation of weapons of mass destruction technologies. In
Somalia, Rwanda, Haiti, and the former Yugoslavia, failed states have produced the catastrophic
human rights disasters. Since the end of World War II, far more lives have been lost due
to internal wars than international armed conflicts, and many of the former have
occurred in failed states. Military intervention in response, often led by the United States and
its allies, incurs high costs in terms of money, material, and lives. Finding a comprehensive and
effective solution to these challenges of terrorism, human rights violations, or poverty and lack of economic
development requires some answers to the problem of failed states
SDI 09 53
UNRESTRAIINED ORGANIZED CRIME WILL UNLEASH NUCLEAR WEAPONS,

THREATEN THE GLOBAL ECONOMY AND CRUSH U.S. CREDIBILITY
INTERNATIONAL CRIME THREAT ASSESSENT 2000
http://www.fas.org/irp/threat/pub45270
This Global assessment was prepared by a US Government interagency working group in support of and pursuant to the President's International Crime
Control Strategy. Representatives from the Central Intelligence Agency; Federal Bureau of Investigation; Drug Enforcement Administration; US Customs Service; US
Secret Service; Financial Crimes Enforcement Network; National Drug Intelligence Center; the Departments of State, the Treasury, Justice, and Transportation; the
Office of National Drug Control Policy; and the National Security Council participated in the drafting of this assessment.
Drug trafficking, alien smuggling, contraband smuggling, the trafficking of women and children, and many
other traditional criminal rackets will continue to be a staple of organized crime groups worldwide. By 2010,
however, organized crime groups are most likely to be a greater threat with regard to security issues that
directly affect US strategic interests.
Organized crime groups that have access to formidable weapons arsenals may assume a far more
significant role in brokering illicit arms transactions for foreign armies, militias, or insurgencies,
displacing the brokers and businesses that dominate today's gray arms market. They may also become a
viable alternative to independent brokers and front companies by establishing sophisticated acquisition,
transportation, and financial networks to facilitate the evasion of US or international sanctions by rogue
regimes and terrorist groups.
So far the threat of organized crime involvement in acquiring and trafficking nuclear, biological, or
chemical weapons of mass destruction has been more potential than real. This potential may be
realized by the end of the decade if the political and economic climates in countries both possessing and
seeking WMD capabilities changed to make engineering such transactions more practical and less risky.
International criminal groups will keep pace with changes in technology and the world economy to enhance
their capability in traditional organized crime activities and to move into new criminal business areas.
Advances in computer and financial technology will increase the anonymity and speed of commercial and
financial transactions, offering criminals more efficient and secure ways to smuggle illicit drugs and
contraband, penetrate legitimate businesses, and launder and move money.
By 2010, international criminal groups are most likely to be particularly proficient at exploiting
computer networks upon which all modern government, public, private, and financial services will
depend. They also may be able to cause significant disruption to financial systems. Criminal
organizations may be capable of financially exploiting or disrupting government, law enforcement, banking,
or private-sector computer systems they are able to penetrate, undermining public services and the credibility
of government and private institutions.
Greater regional integration and worldwide interdependence of national economies will make it easier for
criminal organizations to operate on an international scale and blend their operations into legitimate
economic activity. Improvements in transportation infrastructures and modalities to facilitate international
trade will increase the volume, speed, and efficiency of smuggling and commercial transactions by
international crime groups.
Many countries are likely to be at risk of organized crime groups gaining significant leverage or even
control over political and economic systems. Criminal organizations are likely to penetrate troubled
banking and commercial sectors. Unscrupulous politicians and political parties may align themselves with
criminal organizations for financial and other support. Once in office, they are likely to have difficulty
constraining the activities of organized crime. Organized crime groups themselves may promote their own
political agenda as the price of support.
The world in 2010 may see the emergence of "criminal states" that are not merely safehavens for
international criminal activities, but support them as a matter of course. The involvement of "criminal
states" in the community of nations could undermine international finance and commerce and preclude
effective international cooperation against organized crime. "Criminal states" may also adopt the political
agendas of states of concern and terrorist groups, thereby weakening US political, economic, and security
interests around the world.
SDI 09 54
ORGANIZED CRIME WILL CRUSH GLOBAL ECONOMIES
STEPHENS 96
WOODROW WILSON POLICY CONFERENCE
http://www.fas.org/irp/eprint/snyder/globalcrime.htm
Threat to Global Economy

Transnational organized crime groups pose more of a threat to international financial markets as the
world economy becomes increasingly interdependent. Laundering billions of dollars in organized
crime money worsens national debt problems because the large sums of money are then lost as tax
revenue to that country's government. Russian organized crime groups are actively involved in banking,
according to FBI official James Moody, because public financial institutions are "the most vulnerable and
lucrative target." The Russian Interior Ministry has estimated that organized crime "controls" most of
Russia's 200 banks and half of its financial capital ("control" ranges from ownership and operation to
influence over bank decisions through threats of violence). U.S. and Western businesses in Russia, in
particular, are frequent targets of extortion, robberies, threats and murder. Security costs for these businesses
(especially physical protection, extra protection of cargo, and forced payments to gangsters for "protection,")
often consume more than 30% of profits. The fear generated combined with organized crime monopolies in
certain industries, such as the agriculture and construction markets in Columbia and Venezuela, damages the
overall economy because it discourages legitimate, innovative businesses and entrepreneurs (foreign and
domestic) from entering the market.
SDI 09 55
Organized crime leads to balkan instability

Gerxhaliu 7
Selvete, PhD Candidate in Int’l Criminal Law,
Human Security, Organized Crime and Terrorism Challenges in Kosovo’s
Perspective,
http://www.humsec.eu/cms/fileadmin/user_upload/humsec/Workin_Paper_Series/Working_Paper_Gerxhaliu.pdf
Organised crime is obviously not a monopoly of the Balkans. But, it is more visible in the Bal- kans
and has strong links with Western Europe. Organised crime finds its expression in
the trafficking of illicit goods (such as arms and drugs), the large–scale smuggling of consumer goods
(such as cigars), economic crime, fraud, tax crime and money laundering, the
organisation of illegal immigration and trafficking in human beings. Corruption,
intimidation and violence are used as means to expand illegal businesses and to
influence public administrations, criminal justice and political systems. While the situation
is not the same and has not reached the same critical proportions in all countries of the region, the perception is still
that organised crime in the Balkans threatens democracy, the rule of law, human
rights and the stability, the social and economic progress within this
region, with an impact beyond the Balkans 18 . Lying between Asia and Europe, the Balkans
fall naturally on the narcotics transit line. The most significant criminal activity in the Balkans is the
trans-shipment of heroin from Turkey into Western Europe. Heroin shipments move from Turkey through Bulgaria
and Macedonia, and then pass over the porous border between Macedonia and Kosovo, before continuing either
into Serbia and Hungary or into Albania, to the so-called Italian route. At the same time the Balkan is used
as route for trafficking in human beings.
most likely scenario for war

Brzezinski 3
professor of American foreign policy at Johns Hopkins University's School of Advanced International Studies, a
scholar at the Center for Strategic and International Studies, Brzezinski, Zbigniew. "Hegemonic quicksand." The
National Interest 74 (Winter 2003): 5(12). Expanded Academic ASAP
FOR THE next several decades, the most volatile and dangerous region
of the world--with the explosive potential to plunge the world into
chaos--will be the crucial swathe of Eurasia between Europe and the Far
East. Heavily inhabited by Muslims, we might term this crucial subregion of
Eurasia the new "Global Balkans." (1) It is here that America could slide into a
collision with the world of Islam while American-European policy differences could even cause the
Atlantic Alliance to come unhinged. The two eventualities together could then put the prevailing American global
hegemony at risk.
SDI 09 56
organized crime leads to small arms spread

Calvani 8
Sandro, NATO DEFENSE COLLEGE, Transnational Organized Crime: a global concern,
http://www.unicri.it/wwa/staff/speeches/080519b_dir.pdf
In the last decade, organized crime has evolved rapidly, propelled by the opening of new markets,
facilitated by new communication technologies and pressured by law enforcement strikes. In a number of countries
a nexus has emerged between organized crime, corruption and terrorism. Since the end
of the cold war, countries with economies in transition have also become particularly vulnerable to the growth of
organized crime. Conflicts and instability in many regions have been intimately associated with the growth of
powerful criminal organizations. War not only generates instability, in which organized crime thrives, but provides
opportunity for illicit enrichment, through the creation of profitable markets for smuggled goods. A second and
significant trend in the last decade is the way in which criminal organizations have expanded into a
wide variety of illicit activities. Many organized criminal groups have diversified their activities and new
groups have emerged in several new and specialized sectors. Current evidence suggests the increased involvement
of organized criminal groups in the area of fraud, most specifically fraud using the Internet and related high-
technology crimes. Trafficking in persons has developed into a multi- billion-dollar enterprise. Criminal
groups now also engage in trafficking in firearms, cultural objects and natural
resources
outweighs nuclear war

SDI 09 57
organized crime leads to illegal wildlife trade

Delaney 3/18
Joan, Wildlife Smuggling Nets Big Bucks For Organized Crime, The Epoch Times,
http://www.theepochtimes.com/n2/content/view/13914/
Humming birds bound and stuffed in cigarette packets, snakes and tortoises inside a hollowed out
teddy bear, exotic birds’ eggs made into necklaces—these are just some of the myriad ways used to
smuggle wildlife in a lucrative worldwide trade. Run by organized crime, the illegal trade
in wildlife and animal parts is estimated to be worth tens of billions of dollars per
year, making it the biggest money-maker for organized crime after drugs,
according to Interpol, the international police body. Stingrays and piranhas from South America; star tortoises from
India; pygmy slow lorises, a primate, from South Asia; rare albino carpet pythons from Australia; Hawaiian
chameleons; endangered sea turtles; West African songbirds—the list of smuggled species is endless.The
animals are stolen from their natural habitat by poachers and spirited out, mostly to developed
countries where collectors or those who simply want an unusual gift for their kid’s birthday can afford the
exorbitant prices charged. “Some of these rare parrots or deer falcons can fetch up to $100,000,” says Michael
O’Sullivan, chairman and CEO of The Humane Society of Canada (HSC). And although many creatures do not
survive the trip because they are smuggled in cruel conditions, the trade still proves profitable to
organized crime.
collapses endangered species

Delaney 3/18
Joan, Wildlife Smuggling Nets Big Bucks For Organized Crime, The Epoch Times,
http://www.theepochtimes.com/n2/content/view/13914/
The illegal wildlife trade, coupled with the destruction of habitat and the hunting of wild animals for food,
has put the world’s wildlife “under assault,” he says. In addition, many of the animals
traded are already endangered. “The more rare they are, the higher the price
they command. The endangered species are actually more valuable.”
SDI 09 58
high magnitude and invisible threshold

Kunich 1
John Charles, Associate Professor of Law, Roger Williams University School of Law, ARTICLE: Preserving the
Womb of the Unknown Species With Hotspots Legislation, 52 Hastings L.J. 1149, Lexis
It is rather well known, even beyond the scientific community, that many of the world's species have either gone
extinct or are on the road to extinction. It is much less well known, but equally important, that enormous
numbers of these species are confined to a few "hotspots" of biodiversity, far beyond
the norm for the average region of comparable size. These hotspots are the key to the future of
life on this planet. To understand why, we must first examine the degree of risk to which earth's
biodiversity is exposed today. Although there is some scientific dispute, the most widely held view is that the earth
is now in the midst of a mass extinction that rivals the great disappearances of ages past. 22 According to this
theory, the vast majority of species will be extinct long before scientists have even identified and named them. In
his seminal work on the extinction situation more than twenty years ago, renowned British ecologist Norman Myers
of Oxford University hypothesized the current extinction crisis, primarily a result of habitat destruction and other
human actions. 23 Myers warned that the world could lose one-quarter of all species in an
[*1156] "extinction spasm accounting for one million species." To put this in historical context,
the background or natural rate of extinction has been estimated to average only a few species per million years for
most taxonomic groups. 24 Such predictions are generally derived by extrapolation. Larger, more well known
species, usually mammals and birds, are more visible, more easily studied, and much more thoroughly identified and
catalogued than most aquatic life forms and invertebrates. Mammals and birds also are well represented in the fossil
record, enabling scientists to form better estimates of their historical extinction rates than with groups that do not
lend themselves as well to fossilization. 25 Thus, mammals and birds are used as indicators or proxies for other
groups' extinction rates and histories, because they are (1) taxonomically known, 26 (2) easily observed, and (3)
prominently etched in the fossil history. Mammals and birds, however, constitute a small minority of the
community of living things, both in terms of number of species and in terms of number of individuals. Invertebrates,
particularly members of the phylum Arthropoda and, within it, the class Insecta, account for the vast majority of
described species. Somewhat in excess of one million species of insects have been given scientific names. 27
Enormous as this total is, some have opined that this may amount to only five to ten percent of insect species, and
that there may be as many as thirty million species of tropical arthropods alone. 28 It is in the vast, largely unknown
and unstudied shadows of these great tropical habitats that many experts postulate both myriad unidentified species
and the precipitous extinction thereof. 29 It is undisputed that, as one expert puts it, "our ignorance of the
natural world is enormous," and that, as we struggle with our response to the plight of our fellow
organisms on this planet, "if we do not even [*1157] know who the players are, our understanding of how well they
are playing is far more deficient." 30 It has been estimated that the ratio of unknown to known species may be as
high as 21 to 1, with 30 million undescribed species versus the approximately 1.75 million that have been identified
and taxonomically categorized by people. 31 Some biologists estimate that as few as ten percent of the species of
insects, nematode worms, and fungi have been discovered. 32 One reason why there is no precise figure even for
formally identified species is that there is no recognized single central register of names for described species across
all taxonomic categories. 33 Worse, virtually nothing is known about many of these roughly 1.75 million
"described" species other than the name someone has given them, where they were collected and what they look
like; there is very little information relevant to assessing the role species play within their ecosystems. 34 Most of
what we know falls into the realm of bean-counting, such as totaling the number of species identified within each of
the major taxonomic groups. 35 As to how many additional species still await identification, a variety of
extrapolation factors have been proposed, with widely differing estimates of the total number of species on earth. 36
Many of the unknown species, as well as many of the ones previously identified, are widely believed to be
concentrated in what has been termed "biodiversity hotspots," or, more simply, "hotspots." These
hotspots are pockets of nature that contain multitudinous species, including many
rare and endangered species found nowhere else. Norman Myers introduced the biodiversity
SDI 09 59
hotspots concept in two groundbreaking papers published in 1988 37 and 1990. 38 Myers [*1158] recognized that
a modest number of hotspot regions which occupied only a small total land area - most often in tropical forest areas -
accounted for an exceedingly high percentage of global biodiversity and an amazing degree of species endemism.
Another illustrious early proponent of the hotspots concept is two-time Pulitzer Prize winner Edward O. Wilson of
Harvard University. Wilson has written, From the coastal sage of California to the rainforests of West Africa, the
hottest of the terrestrial hotspots occupy only 1.4% of the world's land surface yet are the exclusive home of more
than a third of the terrestrial plant and vertebrate species. Similarly, from the streams of Appalachia to the Philippine
coral reefs, aquatic hotspots occupy a tiny fraction of the shallow water surface. 39 Wilson also indicates that the
tropical rainforests are believed by some biologists to harbor more than half of the world's species. 40 Indeed, from
these "natural greenhouses" many world records of biodiversity have been reported, including 425 species of trees in
a single hectare of Brazil's Atlantic forest and 1300 butterfly species from one corner of the Manu National Park in
Peru. 41 This astonishing profusion of diverse life forms within very small geographical confines illustrates the
importance of preserving hotspots, a proposal which will be covered subsequently in this article. Because the
hotspots sustain such an extraordinary concentration of species, very likely including large numbers of species
unknown to humankind, I have used this idea for the title of this article. If the hotspots are the small but vital
portions of the earth in which so many species are nurtured, including so many new to us, then it is quite
appropriate to call the hotspots the "womb of the unknown species."
SDI 09 60
HIV/AIDS
( ) Sex trafficking greatest risk of disease spread – barriers to health care and multiple
partners
Wickens, Sönmez, Apostolopoulos, faculty at University College, Emory, and Cyprus International Institute, 2007
[Eugenia Wickens, Sevil Sönmez, Yorghos Apostolopoulos, Faculty of Leisure and Tourism, University College, Emory University School of Medicine
Department of Medicine, and Cyprus International Institute for the Environment and Public Health, “In Search of the Exotic: Sex Tourism and Disease
Risks”, Population Mobility and Infectious Disease, May 6, 2007, http://www.springerlink.com/content/k058j6m61332747l/] Although the contribution of
, human trafficking, prostitution, and sex
human mobility to the spread of infectious disease has long been established—irregular migration
tourism are inextricably linked with the common thread of STIs/HIV/AIDS (CATW,2005).In the case of HIV, it is
difficult to measure the level of contribution that travel may have due to the infection’s clinically latent period, which may span years and because it may
be diagnosed some time after initial exposure (NATHNAC, 2005). Nevertheless,sexual encounters—common among both leisure and business
travelers— have the potential to be a major cause of morbidity with the risk being greatest for young
travelers and sex tourists (Rogstad, 2004). The subgroup of sex tourists requires particular attention as it creates a growing
demand for sexual services from vulnerable populations. The nature and types of sex work involved in
sex tourism vary across locations and present different risk levels to those involved (Wright, 2003). Street-
walkers and brothel workers who have less control over their work environment than sex workers in more organized venues (e.g., Amsterdam’s
window-based sex workers) are not only at greater risk of acquiring HIV/AIDS but also of transmitting it to
sex tourists who function as bridges of transmission—simply because the chain of disease dissemination from the
sex sector to the general population involves clients who have unprotected sex with their regular partners (Forsyth, 2000). In most
places, foreign women are at the lowest end in the hierarchy of women working in prostitution and are subjected to unsanitary work
conditions, are socially and culturally isolated, often remain illegal and have no freedom to move, they are usually
unreachable by health services, and frequently work without condoms out of financial desperation. Table 12.2 illustrates possible
correlations between prostitution and HIV/AIDS in the aforementioned countries.
( ) Sex trafficking increases disease – sex tourism networks
Risks”, Population Mobility and Infectious Disease, May 6, 2007, http://www.springerlink.com/content/k058j6m61332747l/] Although the link between
human mobility and infectious disease spread is well established (Wilson, 1995), scholarly interest in the possible correlation between tourism and
HIV/AIDS dissemination is fairly recent (Apostolopoulos & Sönmez, 2001a, 2001b, 2002;Apostolopoulos, Sönmez, & Yu 2002; Clift & Grabowski, 1997;
Mulhall, 1996; Sönmez, Apostolopoulos, Yu, Yang, Matilla, & Yu, 2006; Wright, 2003). Sexual interactions that carry STI/HIV risks occur
between travellers and locals or other travellers; however, “sex tourism” in particular is an important vector for STI/HIV
transmission and has potentially explosive ramifications for public health (Wright, 2003). Sex tourism is
specifically motivated by persons interested in finding sexual adventure at destinations where the social norms and restrictions of their home environments
. By virtue of their behavioral interactions with sex workers (a “core group” of efficient
are suspended
transmitters of STIs/HIV) and sex partners back in their home environments, sex tourists have a high risk
of both acquiring and transmitting STIs/HIV. Consequently, sex tourists themselves become an STI/HIV core group, along with
sex workers, seafarers, and truckers—a concept based on the observation that an infection is endemic among a small sub-population of highly sexually
whom it spreads in mini-epidemics to the population at large (Mulhall, 1996). The
active individuals, from
combination of sex tourists’ financial resources, the inherently risky nature of their behaviors, and
acute poverty at sex tourism destinations is alarming—particularly when viewed in light of the increasing globalization of both sectors of
tourism and sex. This chapter will examine sex tourism in terms of social and economic factors that fuel the activity, discuss types of locations around the
world where sex tourism flourishes, and provide case studies of sex tourism destinations where STIs/HIV have become problematic.
SDI 09 61
( ) Sex trafficking increases disease – no access to health care
Buchheit, writer for the Heinz Journal at Carnegie Mellon, 2008

[Kimberly J. Buchheit, “Human Trafficking: An Analysis of the Prevalence, Effects and US Policy”, The Heinz Review, December 9, 2008,
http://journal.heinz.cmu.edu/articles/human-trafficking/]
Trafficking also increases health risks in the nation. Victims who are brought into the United States
often arrive from impoverished regions. Many have had little or no access to health care and may
have major health problems or diseases. “Increased prevalence of infectious diseases in populations of trafficked migrants would be
expected to be associated with increased transmission of these diseases” (Gushulak & MacPherson, 2000). According to the 2007 TIP report, 42 million
For women who have been tested and have also been
people worldwide are living with HIV/AIDS (USDOS, 2007).
victims of trafficking or forced prostitution, there is a higher prevalence of HIV/AIDS. These numbers range from 20
to 70 percent higher rates (compared to women living in the same areas who have not been trafficked). One very stunning piece of data comes from the
between 50 to 90 percent of children
World Congress Against Commercial Sexual Exploitation, as reported in the TIP Report: “
rescued from brothels in South East Asia are infected with HIV” (USDOS, 2007). Victims of trafficking are also
usually not granted access to health care in the country of destination. Many have been exposed to a traumatic
journey that has been filled with unsatisfactory living conditions and psychological stress. The physical and mental
health of victims is not a concern to traffickers. Many victims use drugs and alcohol to deal with the stress. Traffickers also use drugs as a way to exert
power over addicted victims. These issues again contribute to drug trafficking and the overall safety of the United States (USDOS, 2007).
( ) Trafficking spreads AIDS – no condoms, multiple partners, and violence
Burkhalter, director of U.S. Policy for Physicians for Human Rights, no date
[Holly Burkhalter, “Sex Trafficking and the HIV/AIDS Pandemic: Testimony of Holly Burkhalter, Physicians for Human Rights Before the House
International Relations Committee”, Physicians for Human Rights, no date given but for sure after 2003, http://physiciansforhumanrights.org/library/2003-
06-25.html]
Vulnerability of Trafficked Women and Girls to HIV/AIDS: If women and girls are more vulnerable to the disease because
of political, social, and cultural inequality, those most at risk are surely those who are trafficked –
coerced, forced, or tricked into commercial sex. Sex trafficking is an almost inevitable death sentence for the victims for several reasons. First, because
they are virtually or literally enslaved, trafficking victims have no ability to insist upon condom use and
are vulnerable to dangerous sexual practices most associated with transmission. Second, trafficking
victims are forced to endure intercourse with multiple partners. And third, violence is common in
commercial sex and particularly prevalent when women or children are forcibly subjected to sex against their will. Injuries and abrasions
sustained during sexual contact heighten physical vulnerability to AIDS transmission. [3] And young
girls’ physically immature bodies are highly vulnerable to injuries, significantly heightening their risk of infection. Moreover, having other sexually
transmitted diseases (STDs) heightens the risk of contracting HIV by up to a factor of 10.[4] STDs are more common among women than men, and women
often contract STDs at a younger age than men.[5]
SDI 09 62
( ) Sex trafficking increases AIDS and TB – creates networks for spreading
Huda, United Nations' Special Rapporteur on human trafficking, 2006

[Sigma Huda, writer for the International Journal of Gynecology and Obstetrics, “Sex trafficking in South Asia”, International Journal of Gynecology and
Obstetrics, online July 18, 2006, published September 2006, http://www.ijgo.org/article/PIIS0020729206001901/fulltext]
sex trafficking has serious public health implications. Victims of

Besides being a criminal and human rights issue,
The health risks and consequences
trafficking often suffer brutality that results in physical, sexual, and psychological trauma.
include sexually transmitted diseases, pelvic inflammatory disease, hepatitis, tuberculosis and
other communicable diseases; unwanted pregnancy, forced abortion, and abortion-related complications; rape and other physical assault;
a host of mental and emotional health problems including nightmares, insomnia, and suicidal tendencies; alcohol and drug abuse and addiction; and even
The health implications of sex trafficking extend not only to its victims, but also
suicide and murder [8].
to the general public, as well as those who frequent brothels and who can become carriers and/or
core transmitters of serious diseases. Of great international importance, sex trafficking has direct cause and
effect linkages to the spread and mutation of the AIDS virus and sex trafficking is aiding the global dispersion of
HIV subtypes. Women and children victims of sex trafficking in South Asia have a high prevalence of HIV and other STDs. Over 5 million people in
South Asia are living with HIV/AIDS, 90% of whom are living in India [9]. Although the rate of people living with HIV/AIDS (PLHA) in the population at
large is still low, due to its large population, India has one of the largest HIV-positive populations in the world in absolute numbers, second only to South
Africa. Many recent studies suggest that high-risk behavior and infection rates are growing alarmingly across the region and that South Asian countries run
the risk of experiencing the devastating social and economic impacts of the kind of full-blown AIDS epidemics seen elsewhere in the world (Table 1) [10].
( ) Sex trafficking the greatest risk of pandemics – travel and tourism prove
Risks”, Population Mobility and Infectious Disease, May 6, 2007, http://www.springerlink.com/content/k058j6m61332747l/]
Critical public health issues are linked to the relationship of transactional sex between those involved in the
commercial sex industry and sex tourists. While sexual mixing, concurrency, and bridging among these populations have been anecdotally documented,
empirical works have only touched upon them (Clift & Grabowski, 1997; Clift, Luongo, & Callister, 2002; Dahles & Bras, 1999; Herold, Garcia, &
sexual mixing of sex tourists in the context of brothels, urban prostitution, and
Demoya, 2001;Wickens, 2002). In fact,
have been linked to serious health repercussions (Clift & Forrest, 2000; Kempadoo &
pedophilia and child prostitution
Ghuma, 1999; Luongo, 2000; O’Connell-Davidson & Sanchez-Taylor, 1999). Given the spatial and temporal dimensions of
travel milieux along with the fact that travelers comprise a critical bridge population between different risk prevalence settings, leisure migration in
general but sex tourism in particular, threatens extraordinary public health repercussions for tourist-generating and
-receiving locales. Travel may be difficult to isolate as a clear epidemiological component in understanding STI/HIV spread. Particularly because HIV has
. If co-
a clinically latent period that may span years and may be diagnosed much after initial exposure, the contribution of travel is difficult to measure
infection with HIV prolongs or augments the infectiousness of individuals with STIs and if the
same STIs facilitate HIV transmission—they may amplify one another in “epidemiological
synergy”(Mulhall, 1996, p. 456), which in turn may lead to an explosive growth of the HIV pandemic in
some populations.
SDI 09 63
( ) Multiple reasons for disease spread through sex trafficking
A. Stigma means people won’t seek treatment
Huda, United Nations' Special Rapporteur on human trafficking, 2006

[Sigma Huda, writer for the International Journal of Gynecology and Obstetrics, “Sex trafficking in South Asia”, International Journal of Gynecology and
Obstetrics, online July 18, 2006, published September 2006, http://www.ijgo.org/article/PIIS0020729206001901/fulltext]
It is thus crucial to adopt rights protective strategies in combating the crime of sex trafficking, reducing
vulnerabilities of victims including stigmatization, which results in multiple burdens for HIV-
positive survivors. It is important to mainstream sex trafficking and HIV/AIDS with a multi-sectoral
approach maximizing linkages and coordination between national and regional programs related to trafficking of women and girls and HIV/AIDS. Special
attention is needed on legal, social, physical and psychological protection of people who are affected by, or exposed to, sex trafficking and HIV/AIDS.
B. No access to health care
Phinney, Inter-American Commission of Women of the Organization of American States and the Women, 2001
[Alison Phinney, Women, Health and Development Program of the Pan American Health Organization, “TRAFFICKING OF WOMEN AND CHILDREN
FOR SEXUAL EXPLOITATION IN THE AMERICAS”, PAHO, 2001, www.paho.org/english/hdp/hdw/TraffickingPaper.pdf]
Several factors suggest that trafficked women and children, with such serious and complicated health
needs, have little or no access to health care or other social services. Where services are
available, trafficking victims face almost limitless barriers to accessing them. Some are not allowed
to leave the brothel, even to seek health care. For those free to come and go, lack of information about
services, language barriers, and fear of discovery and deportation can all hinder their access to care.
Trafficking victims may not be able to afford services, and they are unlikely to have access to health
insurance. Even if they overcome these formidable barriers, there is the possibility they won’t receive the care they
need. As is often the case with women who are victims of domestic abuse, health care providers may not be trained to
identify possible trafficking victims. If the provider is unaware of the patients circumstances and involvement in the sex industry, she
is likely to overlook the full extent of the patients’ reproductive, sexual and mental health needs.
SDI 09 64
Sex trafficking is spreading AIDS now
Blackwell 07 (Brian Blackwell, “India: Sex Trafficking Said to Spread AIDS”, Thebody.com [taken from the
Washington times], http://www.thebody.com/content/whatis/art42967.html, JW)
Policies that stop the demand for sex-trafficked women and girls, prevent
trafficking, and protect former sex workers may significantly reduce the
spread of HIV, new research suggests. Among trafficked female Nepalese sex workers in India surveyed from 1997
to 2005, 38 percent had HIV, found Dr. Jay Silverman of the Harvard School of Public Health and colleagues. "More
and more evidence suggests that sex trafficking is affecting a greater
number of women and children across the globe," said Silverman. Regionally, "the
trafficking of individuals into the prostitution industry appears to greatly
contribute to the spread of HIV. Yet, amazingly little attention has been given
to this issue in the past." Among girls trafficked before age 15, one in seven of the women, two-thirds were
HIV-positive. Clients pay more for young girls, who are more vulnerable to HIV and lack access to medical care, related
Silverman. "For those lucky ones who are able to escape the brothels, they often return to poor regions of India or Nepal,
where few medical and social services are available to them," Silverman said. "Stigmatized, impoverished, and often ill, the
girls may have little choice but to return to a life of prostitution."
SDI 09 65
SOLVENCY
RECOGNIZING TRAFFICKED PERSONS AS CRIME VICTIMS WOULD ENSURE
ACCESS TO SOCIAL SERVICES AND STOP THE REVICTIMIZATION THAT HAPPENS
IN THE STATUS QUO
HYLAND 01
A protection and services infrastructure exists for victims of crime in the United States, but it has not been applied yet to
trafficking victims. n223 A model system can be designed, however, based upon the current structure for victims of crime, with
particular attention to the special needs of trafficking victims.
Once trafficking has been reported, current law enforcement processes help victims obtain social services and legal assistance n224 and
the WETF provides a complementary response system. The primary investigating and prosecuting offices are required to designate
someone as the official responsible for victim-witness services, known as a victim-witness coordinator. n225 The investigating victim-
witness coordinator is responsible for informing the victim of the availability of counseling, treatment from public and/or private
programs, and restitution, if applicable. n226 This coordinator must also inform the victim of locations where she can receive emergency
medical and/or social services and must assist the victim in contacting the service providers. n227 In addition, trafficked women need
access to their embassy or consulate within the United States. n228 The victim-witness coordinator should inform the embassy and then
work together with the embassy to ensure the women's safe return. n229
[*54] Once charges are filed against the trafficker, the designated victim-witness coordinator in the prosecutor's office assumes
responsibility for the social service needs of the victim. n230 The prosecuting victim-witness coordinator must then keep the victim
abreast of case developments and upcoming proceedings. n231
As mentioned above, victim-witness coordinators are responsible for helping locate service providers. The Coalition to Abolish Slavery
and Trafficking (CAST) in Los Angeles, California is the only service provider in the United States established specifically to serve
trafficking victims. n232 CAST secures shelter, counseling, medical treatment, and legal assistance for trafficking victims. n233 CAST
augments basic services by also providing English language instruction and job training. n234 These services are provided by a network of
coalition members and are culturally sensitive and language-appropriate. n235 In essence, CAST is an organization that is dedicated to
helping trafficking victims to obtain these various services. n236
Victims who choose to be witnesses against their traffickers may be in the United States for up to three years, and, therefore, need a
means of supporting themselves financially during this time. n237 A work permit is essential to enable victims to enter the job market
legally. n238 English language instruction, job training, and employment assistance help trafficked women regain control of their lives by
providing them with a source of financial security. n239
[*55] Even without coalitions such as CAST throughout the United States, victim-witness coordinators and law enforcement personnel
must recognize the needs and rights of trafficking victims. The first step in providing adequate protection to trafficked women is
recognizing them as victims of crime instead of criminals. n240 As reviewed in the previous section, trafficked women are
commonly identified as illegal immigrants and subsequently are jailed and deported. n241 Moreover, victims trafficked into
prostitution may be further victimized by being fined and/or jailed for prostitution and immigration violations. n242 Trafficking
victims, fearing such criminal repercussions, often do not report traffickers to the police. n243 However, with coordinated law
enforcement and service provider efforts, trafficking victims could be released into the care of service providers without ever
being detained. n244
Expressly designating trafficked women as victims of crime would also ensure certain protections and benefits under the
Victims' Rights and Restitution Act of 1990. n245 The Victims' Bill of Rights created in this Act should also be applied to trafficking
victims. n246 The Victim's Bill of Rights includes the right: "to be treated with fairness and with respect[,] . . . to be reasonably protected
from the accused offender[,] . . . to be notified of court proceedings[,] . . . to be present at all public court proceedings[,] . . . to confer
with an attorney[,] . . . to restitution[,] . . . [and] to information about conviction, sentencing, imprisonment and release of the offender."
n247
These rights, however, are still not guaranteed because prosecutors are only required to put forth their "best efforts." n248
The most immediate protections trafficking victims require are temporary residency and the opportunity to apply for
permanent resident [*56] status. n249 Temporary residency and potential permanent residence status provide several benefits.
n250
First, victims will be more willing to report crimes and participate as witnesses without fear of deportation. n251 Second,
victims will be afforded humanitarian assistance instead of being revictimized by law enforcement by either being jailed,
deported, or remaining in their traffickers' control. n252 Third, additional difficulties in securing social services due to their
unique status as illegal immigrants will be eliminated. n253 Some domestic violence shelters will not accept trafficked women because
they have not been abused by spouses, nor are they citizens or permanent residents. n254 Without citizenship or permanent resident status,
trafficked women also have been denied compensation from state Crime Victims Funds for social services. n255 Resident status would
alleviate many of these problems.
SDI 09 66
INCREASED SOCIAL SERVICES ARE VITAL TO EMPOWER TRAFFICKED PERSONS

TO ESCAPE
DALRYMPLE 05
Traumatized victims of trafficking face many practical and psychological obstacles in their efforts to break free from their
traffickers' control. n97 Not only are they unfamiliar with the laws, culture, and language of the destination country, but traffickers often
threaten to harm or kill the victims or their family members if they attempt escape. n98 U.S. law enforcement typically lacks the power to
prevent traffickers from retaliating against family members in other countries, especially when police in those countries are
unresponsive, underfunded, or corrupt. n99 Moreover, victims are fearful of being treated as criminals or deported by law
enforcement. n100 These factors, among others, prevent trafficking victims from coming forward of their own volition; most who
have benefited from the TVPA have been identified and rescued by others. n101
Therefore, any effective anti-trafficking strategy must address both the victim's fear of their traffickers and their mistrust of law
enforcement. n102 The TVPA must enhance its protections and ensure that victims redeem their rights to safety and access justice.
n103
Part A of this Section explores the implementation of immediate safety measures to protect victims from their traffickers. Part B
discusses reforms that [*467] promise to broaden victims' access to legal resources, and the victim's right to self-petition for
certification.
A. Victims' Right to Security
The TWA requires agencies and departments to promulgate regulations that will ensure that trafficking victims are not held in facilities
"inappropriate to their status as crime victims," but only "to the extent practicable." n104 Instead, the government should provide secure
and immediate housing for trafficking victims before certification, to ensure their security in the interim. n105 If safety is not
guaranteed, victims will not risk coming forward, because their abusers may inflict even greater harm on them for trying to
escape. n106 As an additional safety measure, potential and actual trafficking victims must be able to obtain restraining orders on short
notice against their traffickers either in the state or federal court. n107 Furthermore, NGOs and social workers should develop
"trafficking safety plans" for housing, services, travel, and work based on the victims' risk of danger from their trafficker. n108
Service providers should look to NGOs and shelters that offer such plans for domestic violence victims for guidance. n109
[*468] Shelters should also offer services that address the particular needs of trafficking victims. n110 For example, whenever
possible, victims should be housed together in culturally sensitive shelters where their native languages are spoken, a feature that many
domestic violence shelters lack. n111 Victims may be fearful if housed in an environment where they do not understand, much less speak
the language, possibly slowing the rehabilitation process. n112 Ideally, shelter staff should be trained to handle the aftermath of
trafficking, because victims are physically and emotionally scarred. n113 All victims should have access to gender-appropriate health care
and psychological assistance, since talking to someone of the opposite sex can be intimidating, especially for sexually exploited victims.
n114
B. Victims' Right to Access Justice

Additionally, the TVPA should ensure the trafficked person's right to access justice. n115 Although the Act provides "victims of
severe forms of trafficking [with] access to information about their rights and translation services," such resources may not be
provided until after they have been certified as being trafficked with enough force. n116 The law presupposes that police will first
rescue trafficking victims and then interview them to determine eligibility for [*469] certification. n117 Those who are not
"rescued" by law enforcement have no way of knowing whether authorities will believe their stories, so escaping involves a
stakes gamble where losing may result in deportation. n118 Additionally, those who escape or consider escaping on their own will find
little information or assistance. n119 Trafficked persons, initially too afraid to identify their abusers or unable to articulate the severity of
their trafficked situation, are unlikely to find representation, since few NGOs provide free assistance to undocumented immigrants. n120
To address this problem, the TVPA should provide victims with access to Legal Services Corporation (LSC) attorneys upon first
contact with authorities -- whether they come forward, are rescued, or encounter law enforcement. n121 Once safely in custody, if
the victim's credibility is in doubt, law enforcement may consider the opinion of psychologists and trained professionals who understand
the effects of post-traumatic stress syndrome. n122 This step is necessary because some seriously traumatized people have difficulty
recounting their stories or suppress abusive memories that take time to surface. n123 Thus, these factors could, at least initially, render the
stories of legitimate victims unbelievable to law enforcement officials. n124 Allowing more time to explore the validity of a trafficking
claim would thus decrease assessment errors. n125
Finally, to increase access to justice, the TWA should allow victims to self-petition for certification to obtain its benefits. n126 This is
[*470] consistent with both the purpose of the Act -- to protect victims and punish traffickers -- as well as its legislative history, which
indicates that self-petitioning should be permitted. n127 The TVPA could model its self-petitioning provision after the Violence
Against Women Act (VAWA), in which victims of domestic violence can self-petition for legal permanent residence without
relying on their citizen or legal resident spouses to sponsor them. n128 Like abusive spouses, traffickers often threaten their
victims with deportation; thus, adopting a self-petitioning provision would prevent abusers from using deportation as a tool to
maintain control over their victims. n129
SDI 09 67
COORDINATION OF FEDERAL, STATE AND PRIVATE SERVICES IS ESENTIAL

FOR SOLVENCY
SHINKLE 07
Given the above recognition that local and district level officials are often the first-
responders to trafficking cases, and given the significant level of care required by many
victims of trafficking and the limitations on national level services and resources, it is
essential that local and state professionals, including non-profit and nongovernmental
sectors, receive the proper training and education to be able to recognize and respond to
potential cases. Such training is essential to ensure that officials at all levels are operating
with a standard understanding of federal laws, services, and opportunities, as well as
providing minimum standards of care in their own operations.
• Due to the variety of issues involved, and the myriad agencies and institutions most
appropriate to providing various services to trafficking victims, national legislation should
clearly delineate responsibilities for the vital duties of shelter, health care, education, legal
services, etc. Victims cannot be allowed to slip through the cracks because agencies are
unsure of their prerogative or uncertain that they will be reimbursed for their expenses.
SDI 09 68
EMPOWERING TRAFFICKED PERSONS TO CHOOSE IF THEY COOPERATE

WILL LEAD TO MORE COOPERATION WITH LAW ENFORCEMENT
SRIKANTIAH 07
DHS should eliminate the LEA endorsement restriction and locate the victim-identification function
solely with trained DHS adjudicators. This would eliminate the uniformity challenge posed by the
current system in which thousands of law enforcement agents and prosecutors serve as gatekeepers to
the visa. A much smaller group of highly trained DHS adjudicators could respond more uniformly and
rapidly to changes in trafficking patterns and new trafficker methods. n258 These adjudicators would
also be advantageously positioned to decide victim eligibility divorced from any investigation or
prosecution duties. By de-coupling victim status determinations from prosecutorial involvement, the
proposed model focuses on the credibility of victim narratives, not law enforcement assessments of
victim suitability to serve as a witness. This de-coupling would also reduce the effect of the prosecutorial
and investigative focus on sex trafficking victims, as long as DHS adjudicators were trained to recognize
victims of trafficking for both labor and sex.
A centralized model based solely on victim demonstration of compliance with statutory standards is similar
to that used to adjudicate petitions under the VAWA from non-citizen survivors of domestic violence.
Domestic violence survivors typically submit evidence of abuse, including declarations, police reports,
letters, and psychological evaluations. n259 Similarly, T visa applicants should be able to demonstrate attempts
at cooperation solely through their own evidence and narratives. n260 In cases where the DHS intends to deny
a T visa application because of the paucity of corroborating evidence, it should first interview the T visa
applicant and judge her credibility firsthand. n261 If, after this interview, the victim is judged not to be
credible, then her T visa application can be denied.
Although centralizing victim identification with DHS reduces prosecutorial control over T visas, it may
actually result in additional victim participation in prosecutions. When the T visa is de-coupled from
the LEA endorsement and prosecutorial approval, victims control the timing of their participation in
any [*208] investigation. Additional time for reflection may result in more victim participation. In
Belgium and the Netherlands, as trafficking survivors begin to recover from their experience with the
assistance of social service agencies, they are granted a reflection period in which to make an informed
decision about cooperation. n262 During this period (forty-five days in Belgium and three months in the
Netherlands), survivors are granted temporary immigration status. n263 In both countries, more victims
report their traffickers now than did before there was a reflection period. n264 These results are consistent
with psychological understandings of trauma survivors. According to psychologist Judith Herman, trauma
victims may actually be more stable witnesses if they are empowered to choose to participate in the
investigation or prosecution of their persecutors. n265 Once a victim's life and psychological state have
stabilized somewhat, she may be a more meaningful and directed participant in investigation or prosecution.
An approach that relies solely on a victim's own demonstration of compliance with the statute is consistent
with encouraging survivor participation in the political struggle against human trafficking. Thus far, this
struggle has been defined by feminists and religious leaders opposed to sex work, prosecutors and law
enforcement agents interested in convicting traffickers, and advocates seeking to protect victims' rights in the
current framework. The inclusion of survivor voices is crucial to re-examining and redefining the United
States' anti-trafficking efforts. If a range of victims' voices becomes part of the anti-trafficking debate, our
conception of [*209] trafficking victims will surely expand to encompass a wide range of experiences from
a diverse group of victims.
SDI 09 69
SHIFTING TO A “BUT FOR” TEST WOULD BETTER PROTECT TRAFFICKED

PERSONS
SRIKANTIAH 07
In addition to removing the LEA endorsement restriction, DHS should also eliminate the current
regulatory preference for rescue over escape. DHS can then apply the remaining existing statutory and
regulatory standards in adjudicating T visa applications. To determine which applicants qualify for the T
visa, DHS officials should apply the "but for" test implicit in the force, fraud, or coercion standard of
the TVPA. If, based on the totality of the circumstances, a victim would not have entered into the
trafficking arrangement but for force, fraud, or coercion, or if the victim would not have remained
under exploitation but for force, fraud, or coercion, then she is a victim of human trafficking. n266 This
actual causation test, familiar from the criminal context, n267 would focus the inquiry on the trafficker's
behavior vis-a-vis the victim, most relevant at the start of the trafficking enterprise (when victims are
recruited) and at the destination country (where the victim is exploited for sex or labor). n268 Other factors,
particularly economic factors, may influence a victim's decision making, but under the actual causation test,
the ultimate inquiry would be about the effect of the trafficker's behavior.
The standard would be easily met in cases involving kidnapping, abduction, or violence. It would also
accommodate and include cases where traffickers use psychological and more complex methods to
coerce and defraud victims. If the domestic violence context is any indication, we are only at the beginning
stages of understanding the psychological aspects of trafficking. In recent decades, experts and advocates
against domestic violence have developed and analyzed the battered woman's syndrome and subsequent
characterizations of the psychological effect of domestic violence on battered women. n269 Similar exploration
is required in the trafficking context to better understand the [*210] psychological consequences of
trafficking, as well as to fully explore issues relating to consent and psychological coercion. As this
exploration progresses, DHS adjudicators should incorporate guidance from mental health professionals in
evaluating T visa applications.
DHS should take account of the totality of the circumstances, a requirement that recognizes that exploitation
takes many forms and that victims' experiences vary widely even under similar conditions. n270 A victim's
background, economic and political circumstances, age, and education should all be part of the inquiry, along
with the nature of the trafficker's enterprise, stories of other victims of the same trafficker, and conditions in
the country of origin. Victims are a diverse group of individuals, including women, men, and children from a
wide range of countries, with a broad range of cultures, classes, and languages. Trafficking frequently
involves domination based on gender, race, or ethnic group. n271 Within these categories, of course, individual
experiences and stories vary broadly, and this diversity must be considered. n272 In some cases, a trafficker
may threaten victims daily with violence and harm. In other cases, a trafficker may control victim behavior
through more subtle forms of coercion. Trafficker behavior may also affect different victims differently.
SDI 09 70
EXTREME HARDSHIP RESTRICTIONS SHOULD BE ELIMINATED
RYF 02
Kara C. Ryf* J.D., magna cum laude, Case Western Reserve University School of Law; B.S., with
distinction, University of Wisconsin-Madison. Kara Ryf is a labor and employment attorney for Perkins Coie LLP in
Seattle Case Western Reserve Journal of International Law 34:45 LEXIS
While the T-visa provides many services and protections to trafficking victims, severe restrictions are
placed on those eligible to receive the visa and its benefits. First, it requires the victim to demonstrate
an extreme hardship in order to be reunited with family members. To illustrate, a victim over 21 years of
age cannot be reunited with his or her spouse or children and a victim under 21 years of age cannot be
reunited with parents, except in cases where an extreme hardship can be presented. However, "given the
horrific ordeal victims have faced, it is difficult to understand why we want to prevent them from reuniting
with parents and spouses." n162
The extreme hardship requirement is also an element of the provision allowing T-visa holders to adjust to
permanent resident status. n163 Victims are eligible to remain permanently in the United States if they have
been in the United States for three years and assisted in the prosecution of their traffickers or would suffer
"extreme hardship" upon removal. n164
The extreme hardship standard is inappropriate to these provisions. Prior to the 1996 revisions to the
Immigration and Nationality Act, the term "extreme hardship" was used as a requirement that immigrants had
to [*68] demonstrate in order to be granted relief from deportation. n165 A determination of whether the
immigrant met his or her burden of showing extreme hardship was based on problems that would result from
being forced to leave the United States after living here for many years. n166 For example, an immigrant
with a young child who is a United States citizen and has a life threatening disease for which the only
treatment is available in the United States, would most likely be granted relief from deportation by showing
that, as a United States citizen, the child would suffer an extreme hardship if the immigrant was deported.
This remains the understood definition of extreme hardship, even for T-visa applicants.
A demonstration of extreme hardship should not be relevant to the Tvisa provision of the Act. Most
victims applying for adjustment of status have not been in the United States for a significant period of time
and often have not established unbreakable ties to individuals in the United States. n167
Because most victims of forced prostitution and involuntary servitude have been isolated and confined,
such victims rarely can demonstrate an extreme hardship. If the extreme hardship language, which is
undefined by the Act, is intended to relate to a victims' fear of retaliation or persecution upon arrival in his or
her home country, it would have been better to allow the Attorney General to grant asylum to victims in such
cases. n168
SDI 09 71
DELINKING SERVICES FROM LAW ENFORCEMENT WILL INCREASE

COOPERATION
SHINKLE 07
Victim participation in investigations and prosecutions should be encouraged but not

mandated in order to receive protection services. Dedicating more resources to victim
protection regime may do more to encourage victims to participate in law enforcement
procedures than demanding participation first and protection second. Victims who feel
assured of their security and wellbeing are more likely to be willing and credible witnesses
than those who feel coerced into participating.
SDI 09 72
EXPANDING SOCIAL SERVICES IS KEY TO PROTECTING TRAFFICKED

PERSONS
BALES, FLETCHER AND STOVER 05

Kevin Bales, President, Free the Slaves; Laurel E. Fletcher, Acting Clinical Professor of Law and Director of the International Human
Rights Law Clinic, University of California, Berkeley, School of Law (Boalt Hall); Eric Stover, Director of the Human Rights Center and
Adjunct Professor of Public Health, Berkeley Journal of International Law 23 Berkeley J. Int'l L. 47 LEXIS
While the Trafficking Act has greatly amplified the federal government's role in investigating and
prosecuting forced labor cases in the United States, the job of providing basic social and legal services
to survivors has fallen squarely on the shoulders of nongovernmental organizations (NGOs) and social
service agencies. Yet fewer than half of these agencies are able to meet these needs. Social service
agencies report that finding appropriate housing for survivors has been one of their greatest challenges.
Housing that is safe and secure can protect survivors from their former captors. Yet housing of any kind can
be costly for social service agencies. Much would be gained if these agencies were provided with greater
financial support so that they could provide survivors of forced labor with safe and adequate housing
and other basic legal and social services.
We recommend that the U.S. government undertake the following measures to combat forced labor in
the United States:
1. Start a broad-based awareness-raising campaign about human trafficking and forced labor in the
United States with special attention to reaching immigrant communities. Private citizens should be
informed about the characteristics of forced labor operations and how to identify potential victims.
Further, increased public awareness about the demand for goods and services provided by forced labor can
foster public pressure on employers and manufacturers to eradicate conditions that generate market
vulnerabilities to the use of forced labor.
2. Improve the institutional capacity of law enforcement personnel at the local, state, and federal level to
respond to forced labor and trafficking. The U.S. government should increase training and coordination of
officials involved in the identification, investigation, and prosecution of perpetrators. In addition, more
resources should be devoted to enable service agencies to aid existing clients and to conduct outreach
that might result in identifying more victims.
3. Ensure better legal protections and monitoring of workers in sectors such as agriculture, domestic labor,
garment manufacturing, and food service that are particularly vulnerable to forced labor and trafficking. The
U.S. government should promote accountability in sectors, especially agriculture and garment manufacturing,
which use subcontracting systems that violate labor laws and practices.
[*51] 4. Correct aspects of migration policy that provide incentives for unscrupulous employers to use
forced labor. The U.S. government should eliminate the visa requirement that requires each worker to remain
with one particular employer. This would help reduce the vulnerability of low-wage workers to exploitation.
5. Strengthen protection and rehabilitation programs for survivors. To address short-term needs of
survivors, the U.S. government should create incentives for survivors to come forward and cooperate
with law enforcement personnel. This includes developing mechanisms to protect victims and family
members vulnerable to retaliation and threats by traffickers in home countries. U.S. authorities should
also review eligibility requirements for immigration relief, as well as their administration, to ensure
that they are consistent with the goal of supporting and protecting survivors. Increased public and
private support to social service agencies is necessary to provide adequate, safe housing to survivors
upon liberation from captivity. Once survivors feel safe and secure, they are more likely to aid law
enforcement personnel in the prosecution of suspected traffickers.
SDI 09 73
SOCIAL SERVICES PROVIDED NOW

SDI 09 74
THE FEDERAL GOVERNMENT PROVIDES EXTENSIVE SOCIAL SERVICES TO

TRAFFICKED PERSONS
SHINKLE 07
While it is recognized that human trafficking does not occur in a vacuum, and that the battle
to end trafficking in persons must address larger systemic issues of poverty, gender inequality,
economic development, and international migration, anti-trafficking efforts themselves are a
critical means of eliminating the crime of human trafficking. Prompted by the passage of the
UN Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women and
Children, and recognizing the lack and/or inadequacy of anti-trafficking legislation at national
levels, the United States and the European Union launched a series of new legislative initiatives,
including strong declarations on protecting victims.
Of primary importance in assisting victims is providing for their physical safety, mental well-
being, and their ability to reintegrate into society, or repatriate to their home communities. In
the United States, the TVPA and its amendments established several policies to provide victims
with options for protection and assistance. It created a certification process through which
certified victims can access federally-funded services, including immigration relief, employment
placement, housing, health care services, and counseling. It also assured victims of their rights
to individual privacy, confidentiality, mandatory restitution, and notification of the status of
their case (TVPA, 2000; TVPRA 2005). In Europe, the Convention exhorted Member states to
establish programs to assist victims in their physical, psychological, and social recovery, including
access to shelter, health care, legal information, educational opportunities, and potential criminal
proceedings against their traffickers (Council of Europe, 2005).
In both systems, victims under the age of 18 are considered minors and accorded special
privileges. In the United States, minors do not need to cooperate with law enforcement in
order to be eligible for specialized services. Under the Convention, minors are provided with
special protection measures, including authority representation and assistance in locating their families.
Both US and European legislation provide critical immigration relief elements regarding victim
residence. In the United States, these options include: continued presence, the T-Visa, or the
U-Visa. Continued presence allows certified victims, and sometimes family members, to stay in
the United States while an investigation against their traffickers is pending. The T-Visa enables
up to 5,000 certified victims a year to remain in the United States for three years. The U-Visa
is intended to be available to a broader spectrum of persons (that is, including individuals who
have not qualified as certified victims of trafficking.1
Under the law, 10,000 U-Visas are available each year to persons who either a) have suffered substantial physical or mental abuse resulting from certain
criminal activities, and b) have been, are being, or are likely to be helpful to the investigation or prosecution of certain criminal proceedings pertaining to
trafficking, prostitution, and sexual exploitation, and whose assistance is vital to US investigations or prosecutions. After
three years, both T-Visa and U-Visa holders may petition for lawful permanent resident status
(TVPA, 2000).
Similarly, the European Council 2004 Council Directive (2004/81/EC) on residence permits
to third-country nationals represented one of the most progressive measures by the European
Council. Under the directive, member states are required to introduce a renewable residence
permit, of no less than six months (exclusive of the mandated recovery and reflection period), for
victims of human trafficking who cooperate with the competent authorities. In conjunction with
the residence permit, the victim is eligible for all physical, mental, and social benefits (including
job training) provided by the member state. Member states can also decide on an individual basis
whether to include other third parties under such permits, for example, victim family members.
However, upon expiration of the permit, if it is not to be renewed, ordinary aliens’ law will be
applied (Council of Europe, 2004). In 2005, the Convention surpassed US policy by mandating
that member states provide in their internal legislation for a recovery and reflection period of no
less than 30 days, during which victims cannot be expelled and will be provided access to all the
above mentioned benefits (Council of Europe, 2005).
Though of similar intent, the US and European policies have different strengths. The U.S.
provides stronger federal funding for social services such as benefits for dependent children of
victims (or potential victims) of severe forms of trafficking, and to minors who are siblings of
trafficking victims. It also offers options for restitution, such as a civil action provision allowing
victims to sue their traffickers in federal court. In contrast, although many of the specific benefits
demanded by the Framework Decision and the Convention are left to Member states to enforce,
among the strongest points in the Convention is its mandate that protective and assistance
services be provided unconditionally, irrespective of the victim’s willingness to act as a witness in law
enforcement proceedings.
SDI 09 75
AT: NGO C-PLAN

FEDERAL LEGISLATION NEEDS TO AUTHORIZE NGO’S TO OFFER
PROTECTIVE SERVICES
FRANKEN 02
Mark Franken, Executive Director Migration and Refugee Services, United States Conference of Catholic Bishops Rescue and
Protection of Trafficked Victims: The Experience of the Catholic Church in the United States
http://www.nccbuscc.org/mrs/mftraffick.shtml.
Legislative Modifications Needed:
The current U.S. law has no provisions for a formal role for non-governmental organizations. As has
been the case thus far in the U.S., it is often these organizations that can assist in the identification of the
victims and arrange for community-based interventions on their behalf. The legislation should be amended
to include explicit roles for these organizations to partner with the federal government in responding
to the needs of the victims of trafficking.
Additionally, according to current U.S. legislation, in order to obtain the special visas, victims must
participate in the prosecution of their traffickers. For this to be a viable proposition for both the
government and the victims, provisions need to be strengthened for protecting the victims and their
families. A witness protection-type approach needs to be pursued to ensure the safety of the victims
and their families, both in the U.S. and in their home countries.
SDI 09 76
DOMESTIC TRAFFICKING OF U.S. CITIZENS
THERE ARE 200,000 U.S. CITIZENS DOMESTICALLY TRAFFICKED WITHIN THE

U.S. EVERY YEAR
CITIZENS FOR COMMUNITY VALUES 06

http://www.ccv.org/humantrafficking.aspx.
The number of US citizens trafficked within the country are even higher, with an estimated more than
200,000 American children at high risk for trafficking into the sex industry each year.
LITTLE HAS BEEN DONE TO SOLVE DOMESTIC TRAFFICKING
IRAZOLA 08
Dr. Seri Irazola, ICF International Principle
Investigator for the Human Trafficking Reporting System funded by the Bureau of Justice Statistics
Trafficking of U.S. Citizens and Legal Permanent Residents: The Forgotten Victims and Survivors
http://www.icfi.com/Publications/Register/download-register.asp?pubid=611.
Over the past decade, increased attention and resources have focused on the issue of human trafficking. While
significant efforts have been taken to understand and combat transnational trafficking (i.e., trafficking between
countries and across borders), little has been done to understand and combat the issue of domestic trafficking,
especially domestic trafficking within the U.S. The trafficking and exploitation of U.S. citizens and legal permanent
residents within their own borders is a serious crime that negatively impacts not only those who are
victims/survivors, but also law enforcement officials, social service providers, and communities throughout the U.S.
Despite the passage of the Trafficking Victims Protection Act (TVPA) in 2000, which was designed to protect the
rights of these and other victims/survivors1of trafficking, insufficient effort has been made to more fully
understand and combat the issue of domestic trafficking within the U.S.
Human trafficking, also referred to as modern day slavery, is defined by the TVPA as the use of force, fraud, or
coercion for the purposes of labor trafficking or sexual exploitation (8 U.S.C. § 1101).2
It is important to note thatthe definition of trafficking does not require the transportation and movement of an individual
(Clawson, Salomon, Goldblatt Grace, Dutch, & Williamson, 2009), a common misconception about human
trafficking that has resulted in much of the anti trafficking efforts in the U.S. being focused on the trafficking of
foreign nationals into the country. In an effort to amend this, in 2005, the reauthorization of the TVPA emphasized the
need to address the trafficking of U.S. citizens and legal permanent residents. This amendment was effective in
prompting increased attention to domestic trafficking within the U.S.; however, the majority of these efforts were limited
to combating the sex trafficking of female minors (prostituted children). As a result of this focus, most of the research
and literature examining domestic trafficking in the U.S. has also concentrated on this population with a primary
focus on estimating the scale of domestic sex trafficking of minors, mapping routes, and reviewing policies and
legal frameworks (Gozdziak & Collett, 2005),
SDI 09 77
TRAFFICKED PERSONS SUFFER FROM A MYRIAD OF HEALTH PROBLEMS
IRAZOLA 08
Much of what is known regarding the consequences of domestic trafficking has been extracted from research on
populations that have experienced similar exploitation and trauma, such as victims/survivors of sexual abuse or
domestic violence, sexually exploited women and children, victims/survivors of torture, and victims/survivors of
transnational human trafficking. Some of the physical and mental health consequences found in these exploited
populations are highlighted below.
The potential physical health consequences of trafficking include, but are not limited to, broken bones, chronic
pain, infectious diseases, sexually transmitted infections, memory loss, dental or oral problems, and gynecological
problems (Alexander, Kellogg, & Thompson, 2005; Clawson & Goldblatt Grace, 2007; Family Violence Prevention
Fund, 2005; Farley et al., 2003; Raymond et al., 2002). Additionally, due to lack of health care, children who were
trafficked at a young age may have missed certain developmental milestones which have gone undetected.
The mental health issues associated with this population are often complex and there is a high degree of co
morbidity of mental health ailments (Alexander, Kellogg, & Thompson, 2005). Similar to victims/survivors of
domestic violence and other traumatic experiences, many victims/survivors of human trafficking suffer from
posttraumatic stress disorder (PTSD), depression, anxiety disorders, substance and alcohol abuse, and dissociative
disorders (Alexander, Kellogg, & Thompson, 2005; Allen, 1980; Clawson & Goldblatt Grace, 2007; Clawson et al.,
2009; Farley, 2003; Klain, 1999; Lloyd, 2005; Pico Alfonso, 2005).
In addition to health and mental health consequences, victims/survivors of domestic human trafficking often lack
basic life skills. Research on the needs of homeless and runaway youth parallel the needs described for victims of
domestic trafficking, such as gainful education and vocational skills necessary to function in our society (Aviles &
Helfrich, 2004; Clawson & Dutch, 2008; DeRosa et al., 1999; Robinson & Toro, 1999).
SDI 09 78
DOMETIC SURVIVORS LACK ACCESS TO SERVICES
IRAZOLA 08
Once victims/survivors are identified, they are in need of a wide variety of emergency, short term, and long term
services. Unfortunately, obtaining access to these services is often difficult, if not impossible. Unlike international
victims/survivors of human trafficking, there is no dedicated government funding for specialized services to aid
domestic victims/survivors. Instead, domestic victims/survivors are assumed to have access to needed services
offered by mainstream systems (e.g., medical, education, justice, welfare, etc.) by virtue of being a U.S. citizen or
legal permanent resident (Clawson et al., 2009). However, these benefits often contain a number of stipulations
with regard to participation. For example, most of these programs require proof of residency, a birth certificate,
and a social security card which the majority of domestic victims/survivors are not in possession of immediately
after escaping their trafficking situations. While victims/survivors can apply for new identification documents, this
process can be both cumbersome and time consuming, resulting in a delay of service provision and leaving
victims/survivors at high risk for re victimization. Additionally, previous arrests, such as for solicitations, result in
ineligibility for a number of these programs (Williamson, Dutch, & Clawson, 2009).
As previously mentioned, victims/survivors of human trafficking experience a broad range of consequences as a
result of their exploitation that require specific services to assist them in their recovery. Services often required by
this population include health care, mental health counseling, legal representation, substance abuse treatment,
life skills training, and job training, to name just a few (Clawson & Dutch, 2008). When working with this
population, it is imperative for service providers to have a comprehensive understanding of human trafficking
(Clawson & Goldblatt Grace, 2007). Yet, professionals working within the mainstream systems that are frequently
the only resource available for victims/survivors are often unfamiliar with the issue of domestic human trafficking
and are ill prepared to address the unique needs of these individuals. Service providers who do not have this
awareness risk misunderstanding their clients and/or not treating all of the conditions resulting from their
exploitation. For example, a young female who reports her “daddy” raping her may be referring to her pimp as opposed
to her biological father. A misunderstanding of the vernacular often used by traffickers and
victims/survivors can result in treating this young woman for incest as opposed to identifying her as a
victim/survivor of trafficking who was raped by her pimp. Therefore, service providers who come into contact with
this population require specialized training on the consequences of human trafficking, the specific needs of
victims/survivors, and the most effective and appropriate services for addressing these needs.
One crucial need of most victims/survivors is safe housing. Shelters and other residential facilities not only provide
services to meet the basic needs of trafficking victims/survivors, they also provide the link to other needed services.
Case managers and social workers operating as part of these facilities are often the first to identify these
individuals as trafficking victims/survivors and subsequently coordinate and manage their service provision both
within and outside of these facilities. As of September 2007, only four residential facilities specifically serving
victims/survivors of human trafficking existed in the U.S., all of which exclusively serve female victims/survivors.
While a comprehensive assessment comparing these facilities to other residential placement options has not yet
been conducted, a qualitative review of these facilities found that across sites, street outreach workers, shelter
providers, residential facility staff, law enforcement, and child protective services workers all felt that programs
uniquely tailored to meet the needs of this population were an important priority for service delivery (Clawson &
Goldblatt Grace, 2007). This sentiment was also expressed by Congress when it reauthorized the TVPA in 2005,
calling for the implementation of a “pilot program to establish residential treatment facilities in the U.S. for
juveniles subjected to trafficking” (PL 109 164).
SDI 09 79
INCREASED SERVICES AND COOPERATION IS ESSENTIAL
IRAZOLA 08
Whether victims/survivors are able to access specialized or mainstream services tailored to their specific needs will
depend greatly on how well these services are linked to and coordinated across the multiple service providing
agencies. Since the passage of the TVPA in 2000, significant efforts have been taken to improve coordinated
service delivery to this population. The U.S. Department of Justice funds 42 local task forces to help combat human
trafficking (both domestic and transnational human trafficking) through the coordinated efforts of prosecutors,
law enforcement, social service providers, and others in the anti trafficking movement (G/TIP, 2008). While these
and other collaborative efforts are an important step forward, there are a number of cities as well as suburban
and
rural communities that continue to lack coordinated task forces to assist in organizing service provision.
Additionally, increased coordination is also needed across states, especially in cases where victims/survivors have
crossed state borders as part of their exploitation. Therefore, coordinated efforts need to be expanded and built
upon to better serve victims/survivors in all locations across the U.S.
SDI 09 80
AT:FRAUD
ASSERTIONS THAT REMOVING THE CAP WOULD LEAD TO FRAUDULENT CLAIMS

ARE FALSE
DALRYMPLE 05
The congressional members who supported the cap on T visas argued that the restriction was
necessary to prevent persons from fraudulently claiming to be victims of trafficking to remain in the
United States legally. n94 This concern is misguided, however, since victims who seek permanent
residency must undergo an application process that carefully scrutinizes their trafficking history. n95
Furthermore, the visa cap fails to conform to the purpose of the Act -- to increase the risk to
traffickers and increase the protections for victims. n96
SDI 09 81
AT: BORDER INTERDICTION C-PLAN

BORDER INTERDICTION MAKES THE HARMS OF TRTAFFICKING WORSE AND
DOES NOTHING FOR THE MILLION VICTIMS ALREADY IN THE U.S.
CHACON 06
Jennifer M. Chacon*Assistant Professor, University of California, Davis, School of Law; J.D., Yale Law
School Fordham Law Review 74:297 LEXIS
HUMAN TRAFFICKING
These border militarization efforts allowed government officials to demonstrate their attention to
immigration issues through sheer physical presence and fiscal commitment. n189 Nonetheless, these
measures have not been effective in preventing the flow of undocumented migration. Although they
seem to have some success in preventing migration at the points of operation, the net effect seems to be a
shift in migration away from heavily guarded areas to the less guarded (and much more dangerous)
areas along the southern border. n190 Far from preventing trafficking, these [*3010] efforts actually
cut against anti-trafficking initiatives. Increasing the cost of migration, rather than deterring many
migrants, simply drives them into the arms of high-priced smugglers. n191
In the past, hired smugglers - also known as coyotes - provided very basic services. They led their clients
across the border, whereupon the contracted services ended. n192 As border security has increased, however,
the role of the smuggler has become far more complicated. As sociologist Maggy Lee has written, services
provided by the smuggler now often includ
passage out of a country of origin, a transit location or locations as the case requires, and transport to a final
destination. These services are costly, and debts incurred leave migrants vulnerable to coercive labor
arrangements. Smugglers may subject migrants to much worse conditions than they anticipated at the time of
the agreement. n193
In other words, migrants are increasingly caught in coercive trafficking arrangements as the border
becomes more treacherous and crossing the border becomes more costly.
Furthermore, there is increasing evidence that migrants are less likely to return home as a result of
border militarization; that is to say, migrants are trapped within the U.S., not outside of it. n194 As
people find themselves trapped within the country, faced with increasing criminal penalties on account of
their presence, they are even more beholden to their employers, again increasing the probability that
these migrants will be subject to exploitative arrangements.
In short, while anti-smuggling efforts logically would seem to complement anti-trafficking efforts,
enforcement of anti-smuggling laws in the United States has followed a path that seems more likely to
increase rather than decrease the trafficking problem.
SDI 09 82
TURN, INCREASED BORDER PROTECTION INCREASES TRAFFICKING
CHACON 05
HUMAN TRAFFICKING
Prosecution efforts also trump efforts to prevent trafficking. To date, border interdiction strategies have
been the primary tool used to prevent trafficking in the United States. But border enforcement efforts
have served to increase rather than decrease human trafficking. n297 These measures, which allow
smugglers to charge ever-higher fees for their services, both increase the profits of transporting
migrants across borders and make it more likely that the smuggled individual will be subjected to a
peonage-style arrangement upon their arrival in the destination country. n298 Because those who pay
for the services of smugglers do not fit the profile of the perfectly innocent victim, they are unlikely to
receive the protections of the TVPA. Moreover, because Congress is now satisfied that the TVPA protects
the only "true victims" of human trafficking, there is even less incentive to address the dearth of labor
protections for all other undocumented workers in the United States.
SDI 09 83
AT: COMMERCE CLAUSE/13TH AMENDMENT ACTIONS
COMMERCE CLAUSE AND 13TH AMENDMENT CLAIMS CAN’T WORK FOR

TRAFFICKED INDIVIDUALS
CHACON 06
Jennifer M. Chacon*Assistant Professor, University of California, Davis, School of Law; J.D., Yale Law
School Fordham Law Review 74:297 LEXIS
HUMAN TRAFFICKING
In light of historically crabbed interpretations of the Thirteenth Amendment, the Commerce Clause has
served as an important basis for legislation aimed at protecting workers. The Commerce Clause supplied the
constitutional authority for the National Labor Relations Act ("NLRA"), n135 the FLSA, n136 and the Migrant
and Seasonal Agricultural Worker Protection Act of 1983 ("MSPA"). n137 All three of these statutes regulate
the conditions of the workplace - public and private - and provide a scheme of criminal penalties and civil
remedies for their enforcement.
While each of these three statutes provides some legal protection for workers, none is well equipped to
remedy conduct that amounts to trafficking. There are at least three reasons for this. First, the
protection of these laws does not apply to many trafficking victims. The Fair Labor Standards Act, which
might be helpful for providing remedies to those who have been forced to work for little or no pay, excludes
agricultural and domestic labor - two sectors that sweep in many exploited migrant laborers and other
trafficking victims. n138 The National Labor Relations Act is most useful in unionized workplaces, n139 but the
victims of trafficking are [*3001] frequently neither organized nor on the road to becoming organized. The
Migrant and Seasonal Agricultural Worker Protection Act is specifically limited to certain workers. None of
the Acts provide assistance to sex workers, who are performing work that has been widely criminalized.
Second, these laws provide relatively light criminal penalties that are not viewed as well suited to
remedy the sorts of egregious conduct involved in trafficking. n140 The FLSA, for example, only allows for
fines and imprisonment for six months. n141
Third, and perhaps most importantly, the undocumented noncitizen workers who comprise the bulk of
trafficking victims are themselves unauthorized workers and, as such, are encountering greater and
greater obstacles in pursuing remedies under federal workplace protection statutes and their state law
analogues. The Supreme Court accelerated this trend with its decision in Hoffman Plastic Compounds, Inc.
v. NLRB. n142 In that case, the Court held that the National Labor Relations Board ("NLRB") was not
authorized to award back pay to an undocumented worker who had been subject, in violation of the NLRA,
to retaliatory discharge for his union-organizing activities. n143 A few district courts have applied the
reasoning of Hoffman Plastics to bar relief under the FLSA. n144 Some state courts have also applied the
reasoning of Hoffman Plastic to preclude the award of state court labor law remedies. n145
Thus, in addition to the logistical problems of obtaining representation, finding resources to bring suits,
struggling through language barriers in court proceedings, n146 and sometimes dealing with issues of
psychological trauma, n147 undocumented migrants must also contend with the fact that they [*3002]
are ineligible for back pay awards and other compensation under the law because of their
undocumented status.
SDI 09 84
PROSECUTOR COOPERATION REQUIREMENT LIFTED
THE 08 ACT REMOVED THE PROSECUTORIAL COOPERATION REQUIREMENT
ROTH 09
Amy, Director of Media Relations for International Justice Mission
http://www.ijm.org/releases/2008/12_16_08_TVPRA_release_FINAL.pdf.
Washington, D.C., December 10, 2008 – On International Human Rights Day, Congress passed the Trafficking
Victims Protection Reauthorization Act, HR7311. Originally signed into law in 2000, the reauthorization bill was
passed at virtually the eleventh hour of the second lame duck session of the 110th
Congress after House and Senate
leaders reached a compromise. President Bush is expected to sign the bill into law in the coming days.
The international human rights agency International Justice Mission applauded the efforts made by Senate and
House leaders to come to agreement on the landmark piece of human rights legislation. “By passing this bill before
President-elect Obama takes office, Congress has sent a strong, bipartisan message that it cares a great deal about
slavery and trafficking, both at home and abroad,” said Holly Burkhalter, Vice President for Government Relations
at International Justice Mission. “Members of Congress from across the political spectrum set aside their
differences in order to enact legislation that makes major improvements in U.S. anti-slavery, anti-trafficking policy
and practice.”
The bill increased funding for the U.S. Department of State’s Global Trafficking in Persons office (G/TIP), which
coordinates the U.S. response to human trafficking and modern-day slavery, and established several policy reforms.
For example, HR7311 de-links benefits and services for trafficking victims in the U.S. from the requirement that
they assist with Justice Department investigations and prosecutions. The bill also allows trafficking victims in the
U.S. to qualify for a T-visa without necessarily participating in law enforcement efforts, with the expectation that
victims will be more likely to come forward to assist prosecutors once they are assured that they will not be
deported back to countries where they were abused, exploited, and trafficked.
SDI 09 85
BRANCHE 09
Afton, Chasing the Flame http://www.chasingtheflame.org/2009/01/index.html.
Renewing Our Commitment to Fight Human Trafficking

On December 23rd, while most of us were finishing our holiday shopping, President Bush signed an
important bill into law, enhancing U.S. measures against human trafficking. H.R.7311, the William
Wilberforce Trafficking Victims Reauthorization Act, improves measures to combat trafficking in
persons and authorizes appropriations through 2011 for the Trafficking Victims Protection Act of 2000.
This bill is the newest weapon in the federal fight against trafficking, which according to NYT
columnist Nicholas Kristof, is “one of President Bush’s few positive legacies in foreign affairs.”
At the helm of this work is Ambassador Mark Lagon, who serves as the Director of the Office to
Monitor and Combat Trafficking in Persons. In his remarks at the Promising Practices in International
Programming Conference, he stated the following: “At the heart of U.S. government efforts to end
human trafficking is a commitment to human dignity—a desire not only to rescue, but restore. As such,
it is a great blessing to be allowed the opportunity to benefit the lives of the most degraded, most
exploited, most dehumanized people in the world."
This new legislation allows our leaders to do just that. According to the Polaris Project, it "significantly
enhances the tools available to prosecute traffickers, and increases protection and services for U.S.
citizens and foreign national victims in the U.S."
One important provision of H.R. 7311 permits trafficking victims in the U.S. to receive services
such as counseling and trauma assistance without necessarily participating in law enforcement
efforts. Holly Burkhalter, VP for Government Relations at the International Justice Mission, says “this
is an important reform. Many trafficking victims are afraid to come forward to receive services they
need because they are afraid of law enforcement officials. By allowing trafficking victims to receive
services...before they make a decision about participating in prosecution, victims will receive the
care they need and be in a better position to contribute to those law enforcement efforts.”
The bill also strengthens international measures against these crimes, outlining actions to be taken
against governments who fail to meet minimum standards for the elimination of trafficking. In addition,
H.R. 7311 authorizes new research and data collection tools to improve our understanding of trafficking
trends around the world in the U.S.
SDI 09 86
THE PROSECUTORIAL COOPERATION REQUIREMENT WAS NOT

EFFECTIVELY REMOVED
THE PRECUTORIAL COOPERATION REQUIREMENT WAS ONLY ELIMINATED

FOR MINORS AND THE HARDSHIP REQUIREMENT WAS NOT ELIMINATED
AMERICAN IMMIGRATION LAWYERS ASSOCIATION 09

http://www.aila.org/content/default.aspx?docid=28016
Analysys of new rules published in Federal Register regulating T and U Visas
At the time the interim final rule was published, the statute provided that nonimmigrants admitted in T
status may adjust to permanent residency if, inter alia, they have either complied with any reasonable
request for assistance by law enforcement, or they can demonstrate that they would suffer extreme
hardship involving unusual and severe harm if they were removed.1
However, HR 7311 amended this
language, adding a clause that eliminated the need for trafficked minors to assist law enforcement,
and vesting with DHS the authority to determine if an adult applicant complied with reasonable
requests for assistance.3
Whereas the statute previously required the Attorney General’s opinion to adjudicate
compliance, the statute now shifts this determination to the “Secretary of Homeland Security, in
consultation with the Attorney General, as appropriate.”
In light of this legislative change, T applicants for adjustment of status should be able to document that
they complied with reasonable requests for assistance based on credible secondary evidence.
This is particularly important as many applications for T status were approved without a federal law
enforcement agency (LEA) endorsement. Requiring Attorney General certification three years later, at
the time of filing for adjustment of status, increases the evidentiary burden without purpose. Such a
requirement does not comport with the VTVPA’s “victim-centered approach to trafficking.”
The T visa regulations account for the hurdles victims face in obtaining a signed LEA endorsement
documenting assistance by permitting “credible secondary evidence and affidavits…to explain the non-
existence or unavailability” of the LEA endorsement. The adjustment of status regulations need to
account for the same. For example, in many cases it was difficult to obtain the initial law enforcement
certification required for the visa application. Many years have passed since some of these applications
were filed. Law enforcement officials who may have worked on the initial case have moved on to other
careers or have retired. Case files may be in storage and may not be easily obtainable. In addition, there
is little guidance on what a certification from law enforcement should look like or if a form will be
issued. This extra level of certification creates an undue burden for T visa holders.
The new 8 CFR § 245.23(f)(1), requiring certification from the Attorney General, also fails to consider
two other common situations: 1) investigation by state or local law enforcement;
and 2) where law enforcement chose not to investigate at all. In these situations, it would be near impossible
for an
applicant to obtain Attorney General certification; as it is, it is very difficult to get the Department of
Justice to respond to many reported instances of trafficking. There is no formal process to request such
certification, and there is nothing in either the statute or the regulations to compel the AG from
considering requests for certification. Since “an applicant who never has had contact with an LEA
regarding the acts of severe forms of trafficking in persons will not be eligible for T-1 nonimmigrant
status,”all such applicants for adjustment of status have already made efforts to reach out to law
enforcement. Applicants for adjustment of status should be afforded the opportunity to document these
continued efforts.
SDI 09 87

BHS Trafficking Aff Extension File

Uploaded by

Document Information

Original Description:

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

BHS Trafficking Aff Extension File

Uploaded by

Copyright:

Available Formats

SDI 09 1

SBH LAB TRAFFICKING AFF EXTENSION FILE

AT: NOT LIVING IN POVERTY

WE MEET. THE MCDONNELL EV IN THE 1AC EXPLAINS THAT TRAFFICKING

TRAFFICKED PERSONS LIVE IN EVERY ASPECT OF POVERTY

EVEN THREE YEARS AFTER ESCAPE TRAFFICKED VICTIME WOULD STILL BE

AMERICAN IMMIGRATION LAWYERS ASSOCIATION 09

TRAFFICKED PERSONS DON’T GET PAID AND ARE KEPT IN POVERTY

TRAFFICKED PERSONS IN THE UNITED STATES ARE SUBJECTED TO LIVES OF

AT: REMOVING THE T-VISA CAP EXTRATOPICAL

PROVIDING IMMIGRATION SERVICE IS A SOCIAL SERVICE

THE T VISA PROGRAM IS ABOUT THE PROVISION OF SOCIAL SERVICES

ITS NOT EXTRATOPICAL—THE RESOLUTION REQUIRES SERVICES TO BE

AT: SOCIAL SERVICE WORKERS

SOCIAL SERVICES DO NOT REQUIRE SOCIAL WORKERS

THERE IS A BIPARTISAN CONSENSUS FOR SOLVING HUMAN TRAFFICKING. THE

EVERY COALITION IN CONGRESS SUPPORTS ACTING AGAINST TRAFFICKING

THERE IS BIPARTISAN SUPPORT FOR INCREASING FUNDING FOR

FUNDING FOR TRAFFICKING IS NOT CONTROVERSIAL

PLAN HAS MASSIVE BIPARTISAN SUPPORT

SUPPORT FOR TRAFFICKING VICTIME IS EMPERICALLY BIPARTISAN AND

THERE IS MASSIVE BIPARTISAN SUPPORT FOR PROTECTING VICTIMS OF

NOT UNIQUE, OBAMA WILL SPEND POLITICAL CAPITAL ON IMMIGRATION

A) THE 2008 TVPA AUTHORIZED USING FUNDS FROM CASES AGAINST

B)REVENUE FOR TRAFFICKING SOCIAL SERVICES WOULD COME FROM

THE PRESENT SYSTEM HAS EXPANDED THE SERVICES AVAILABLE BUT

AT: STATES C-PLAN

STATES CAN’T SOLVE BECAUSE OF FEDERAL CERTIFICATION

STATES CAN’T SOLVE BECAUSE THEY CAN’T ASSURE EFFECTIVE WITNESS

STATES CANNOT SOLVE BECAUSE UNLESS THE FEDERAL REQUIREMENTS

States can’t solve – resources

states may not have the means to

Federalism empirically denied

Empirically denied – federal government already funding states projects.

Shashi Irani Kara

For smooth and comprehensive delivery of protections, a multi-disciplinary coordinated response is

Potential benefits of state legislation criminalizing human trafficking include assisting

Perm is common sense.

comparable number of federal officials to concentrate on interstate and international instances of

Shashi Irani Kara 07

Company, introduced in Part I, above, illustrates this point.

Local policies fail – Pickle Proves

PRESENT POLICY RESTRICTS ACCESS TO SERVICES FOR TRAFFICKED PERSONS

THE TVPA RESTRICTIONS CONVERT THE T VISA INTO A HYBRID THAT

CONDITIONING ACCESS TO RESIDENCY ON PROSECUTORIAL COOPERATION

RESTRICTING SERVICES TO “SEVERE” FORMS OF TRAFFICKING RENDERS

THE REQUIREMENT THAT VICTIMS COOPERATE WITH PROSECUTORS GUTS THE

PROVING SEVERITY OF TRAFFICKING OR EXTENT OF COOPERATION WITH

THE NARROWING OF ELIGIBILITY FOR SERVICES UNDER THE TVPA CREATES

THE RESTRICTIONS MEAN THAT EVEN PERSONS RESCUED FROM

A NARROW FOCUS ON SERVICE ELIGIBILITY GUTS THE EFFECTIVENESS OF

POLARIS PROJECT ACTION CENTER MAY 09

SUFFICIENT FUNDS FOR SERVICES HAVE NOT BEEN APPROPRIATED

ACCESS TO SERVICES SHOULD BE DELINKED FROM LAW ENFORCEMENT

INCREASED FEDERAL SUPPORT FOR SOCIAL SERVICES NEED TO BE CREATED

The Administration needs to prioritize dedicating resources to establish a network of

AT: ASSYLUM INHERENCY

TRAFFICKING ITSELF IS DEHUMANIZATION

IN ADDITION THE PRESENT POLICY PARTICIPATES IN A LOGIC OF

BALES, FLETCHER AND STOVER 05

INSTRUMENTALIZED DEHUMANIZATION OF THE VALUE OF THE INDIVIDUAL

DEHUMANIZATION IS THE TRUE ZERO POINT OF THE HOLOCAUST. THE

TRANSNATIONAL CRIME LINKS