Civil Rights Unit Washington, DC

MISSION
The mission of the FBIs Civil Rights Program is to enforce Federal civil rights statutes and to ensure that the protected rights of all persons are not abridged.

The Federal Bureau of Investigation

Civil Rights Program
Human Trafficking

Domestic servitude Commercial sex (all adults and international minors located within the U.S.) Forced labor

Crimes Against Children Unit

Domestic minors involved in commercial sex

Human Trafficking A World Perspective US Department of State TIP Report

2009
12.3 Million estimated in Forced Labor and Forced Prostitution around the world 4,166 successful trafficking prosecutions 2,208 in Europe 49,105 Victims identified 14,650 in Europe

Human Trafficking US Perspective

U.S. Department of Justice estimates 14,500-17,500 women and children trafficked into U.S. annually More than 750,000 women trafficked into the United States in last decade Between 200,000-300,000 children are at high risk to falling prey to the sex trade industry

Human Trafficking United States Perspective

-A Modern Definition
- The Industries - The Victim - Engaging the Threat

Human Trafficking A Modern Definition

Civil Rights Crime: 13th Amendment of U.S. Constitution A Modern Definition: TVPA Human trafficking is compelling or coercing another persons labor or services (including commercial sex) Coercion can be subtle or overt; physical or psychological Need not include movement or smuggling

Human Trafficking A Modern Definition

Generally Two Types Sex Trafficking Adults: Force, Fraud, Coercion Minors: No Proof of Force, Fraud, or Coercion Required Labor Trafficking Force, Coercion

FORCE
Used to break victims resistance to make them easier to control.

EXAMPLES OF FORCE
Kidnapping/recapturing of an escaped victim Beatings and Torture (Rape, sexual abuse, harassment Forced pregnancy/abortion Confinement/kept under guard/surveillance Use of restraints Denial of food/ water/ medical care/ contraceptives/ condoms Removal of children Concealment of whereabouts to friends/family

FRAUD
Involves false offers that induce people into trafficking.

EXAMPLES OF FRAUD
Promises of immigration/travel documents Victim instructed to use false/counterfeit identity/travel documents Signed contract to do legitimate work Required to do work other than agreement Promises of salary that never materialize Misrepresentation of work/conditions of work

COERCION
Involves threats of harm, any scheme, plan or pattern or abuse to a person if the person did not enter into or continue in such condition.

EXAMPLES OF COERCION

Debt bondage Threats of serious harm to victim/victims friends and/or family Trafficker/pimp controls all of victims family/friends outside brothel Threatening to use photos against victim Withholding documents Punishment of others Quotas Verbal or psychological abuse

Human Trafficking is NOT Smuggling

Alien Smuggling Human Trafficking

Includes those who consent to smuggling

Contract ends after border crossing Smugglers need only to entail physical movement of customers Is always international Crime Against Border

Victims do not consent to their situations Entails forced exploitation of a person for labor/services Crime against each persons fundamental rights

Occurs domestically-victims held captive in own country

Crime Against Person

Human Trafficking The Industries

COMMERCIAL SEX
Prostitution Stripping Pornography Live-sex shows Brothels Massage Parlors

DOMESTIC SERVITUDE
Housekeeping Child rearing

Human Trafficking The Industries

LABOR EXPLOITATION
Sweatshop Factories Migrant Agricultural Work Restaurant Work Hotel/Resort Housekeeping Food Processing Construction and Landscaping

Human Trafficking The Industries - Trends

While the venues and locations may change, the methodology remains the same.

Human Trafficking The Victim

Vulnerable VISA Pattern Recruiter in home country Promises cash and conditions Debt in exchange for VISA Identity documents taken Debt manipulated Harsh conditions Deportation threats

Human Trafficking The Victim

Vulnerable VISA Pattern 2 Recruited as VISA is expiring/overstay Promises to extend VISA Debt in exchange for extension Identity documents taken Deportation threats Debt manipulated Harsh conditions

I freed a thousand slaves, I could have freed a thousand more if only they knew they were slaves. ~Harriet Tubman

Human Trafficking The victims -groups vulnerable to coercion Victims may be illegal immigrants, legal immigrants or citizens Diaspora population with poor LEO relations Minors hello Homeless Substance abuse users Mentally challenged Minimal education level Cultural background Experiences with legal system

Human Trafficking
The victim Push Factors -War -Repression -Economy

Pull Factors -Better paying jobs/pay of debt -Promises of a better life -False marriages

The Victim
Believe that any debts are their obligation to repay some may sign contracts; View their situation as temporary, surviving on the hope that once their debt is paid off or a certain amount of time has passed, they shall be free!

My family went into debt to pay mybe Am I a victim? My family may I fear law II feel so ashamed. recruitment feeif I will be deported. killed. enforcement. return home as a failure I will betray my family. Victim Challenges

I didnt believe in police. I really believed what my trafficker said. My trafficker said they will put you in jail; they will send you back she said in this country, dogs have more rights. And I believe. I believe everything she said because she has been living here for a long time, she knows, she speaks English, she has money, everything, and I didnt have anything.
Esperanza trafficking survivor

CASE STUDY Houston, Texas 2005

The Power of Context

A VICTIMS PERSPECTIVE

FBI SOURCE INFORMATION

Bouncers $3 beers $13 beers Some prostitution Detailed debt books

Surveillance

More locations/houses

La Cabana

Magaritas Restaurant

El Huetamo

El Cuco

Texas Alcohol Beverage Control

Inside look 2nd Source
A Cantina just like yours Introduces UC Selling Girls Fear Manipulation of Smuggling debt Fines and Fees Withholding Documents

The Scheme
The defendants used a ticket system to track the womens earnings. Every time a customer bought one of the women a beer, the price was $13.00. The bar issued a ticket. Each beer consumed by the women with a customer was worth $4.50 toward debt. $50 a week

Abuse and Climate of Fear

Victims were physically and sexually abused as a means of control. Victims were forced to engage in prostitution. Defendants coordinated and profited from the prostitution. The story of Mari-Cruz There were no locks

Forced Abortions

THE PLAN
October 2005 Indictment in Grand Jury Spanish Speakers Interviews Training Housing Short and Long term Takedown Dec 3

does it ever go as planned?

A source call changes everything.

The TAKEDOWN
Source informs the subjects are scheduled to leave the country in two days Warrants secured immediately 8 Arrests 99 women- 15 victims Pre-planning was essential All 8 subjects plead guilty to forced labor and transportation and harboring of illegal aliens $1.7 Million Restitution

Male Defendants

13 Years

Female Defendants

7 years

2 years

1 years

Human Trafficking
Engaging the Threat

PATIENCE - Average length of cases with prosecution: 867 days

Keep a Victim-Centered Approach

Requires, attorneys, linguists, counselors, shelters, financial services, relocations services

Human Trafficking Engaging the Threat REACTIVE

MOST VICTIMS ARE FOUND BY: Complaint or Victim walk-in Local Law Enforcement Response to an Incident Information received from NGOs, churches, and community service providers

Human Trafficking Engaging the Threat PROACTIVE 1) THREAT ASSESSMENT Domain = Your City

Global Issues Location, Location, Location - Affect an areas vulnerability to human trafficking Typically observed by an immigrant community but not properly referred to law enforcement - Relationship between immigrant communities and law enforcement should be considered

Human Trafficking Engaging the Threat PROACTIVE

THREAT ASSESSMENT Immigrant Communities Tightly Knit? Victims from vulnerable countries? Is ongoing payment of a smuggling debt accepted within the culture of this immigrant community? Law Enforcement sentiment? Barriers?

Human Trafficking Engaging the Threat PROACTIVE

THREAT ASSESSMENT LABOR Industries which require low skilled manual labor with limited public interaction are vulnerable. Agriculture Landscaping Hotel/Resort Construction Meat Packing/Processing Cleaning Services Garment Factories

Human Trafficking Engaging the Threat PROACTIVE THREAT ASSESSMENT COMMERCIAL SEX

Is prostitution allowed to occur within your community? To what extent is prostitution prevalent inside immigrant communities within your community? To what extent are there business often linked to prostitution, such as massage parlors, prevalent inside immigrant communities? To what extent do private residences serve as temporary brothels within the immigrant community?

Human Trafficking Engaging the Threat PROACTIVE

2) INTELLIGENCE Sources Regional Hotline 3) INDUSTRIES AND INFRASTRUCTURE Businesses with several locks, Bars, Barbed Wire, Nailed Windows, security guards and/or guard dogs Large Male Clientele/ heavy foot traffic Neighborhood Canvass/Trash Covers

Human Trafficking Engaging the Threat PROACTIVE

4) COOPERATION AND COLLABORATION Federal, state and local partners CROSS COORDINATION Task Forces and working groups Non-governmental organizations (NGOs) which provide emergency shelter, food, medical assistance, counseling and legal assistance Immigration Rights organizations Labor Unions

Training - Checklists

Human Trafficking Engaging the Threat PROACTIVE

Vulnerable Visa Programs H-2A Seasonal Worker Agriculture H-2B Seasonal Worker G-5/A-3 Visa Domestic Servant J-1/F/M Student and Exchange Visitors

Human Trafficking Engaging the Threat PROACTIVE

Civil Right Unit

FBIHQ, Washington, DC