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Advocacy in Action: Recent Legal Shifts in Human Trafficking

Haareca Chintala


Human trafficking remains a pervasive and insidious issue within the United States, casting a shadow over the lives of countless individuals. This modern form of slavery takes many forms, including forced labor, sexual exploitation, and domestic servitude. Despite numerous efforts to eradicate it, trafficking networks continue to thrive, exploiting the vulnerable and preying on the innocent. The complexity and clandestine nature of human trafficking make it a particularly challenging crime to combat. It involves not only physical and psychological abuse but also sophisticated methods of coercion and control that often leave victims isolated and voiceless. 

 

To address this pressing issue effectively, robust legislation is crucial. Legislation serves as the backbone of any concerted effort to combat human trafficking, providing the necessary legal framework to prosecute offenders, protect victims, and prevent future crimes. The importance of legislation cannot be overstated; without it, efforts to fight trafficking would be fragmented and significantly less effective. 


One of the primary roles of legislation in combating human trafficking is the establishment of stringent penalties for traffickers. Effective laws impose severe consequences on those who engage in or facilitate trafficking activities, serving as a powerful deterrent. By criminalizing all forms of human trafficking, these laws disrupt trafficking networks and make it considerably more difficult for traffickers to operate with impunity. The threat of substantial penalties, including lengthy prison sentences and hefty fines, discourages potential traffickers and dismantles existing trafficking operations. 

 

However, human trafficking, as with every other crime, has evolved in complexity, necessitating continual updates and improvements in legislative frameworks. Early anti-trafficking laws laid a crucial foundation, but gaps and inefficiencies persisted, highlighting the need for significant legislative changes, most recent of which are as follows: 

 

  1. Countering Human Trafficking Act of 2021: 


One of the significant milestones in the fight against human trafficking came with the signing of the Countering Human Trafficking Act of 2021 by President Biden on December 27, 2022. This piece of legislation marks a pivotal step in strengthening the country’s response to human trafficking. But what does this act actually do? 

Imagine the Department of Homeland Security (DHS) as a fortress against human trafficking. This act essentially fortified that fortress by expanding the DHS’s Centre for Countering Human Trafficking (CCHT). It authorized $14 million in funding—an impressive amount aimed at bolstering the resources available to combat this crime. It also mandated that the CCHT be staffed with at least 45 dedicated employees. This is significant because having a specialized, well-funded, and adequately staffed centre means more hands-on deck to identify victims, support them, and bring traffickers to justice. 

Alejandro N. Mayorkas, the Secretary of Homeland Security, called this legislation a "seminal moment" in the fight against human trafficking. This act doesn’t just provide financial and human resources; it represents a commitment to a victim-centred approach. This means that every effort, from identification to prosecution, is done with the well-being of the victim in mind. 


Key Provisions of the Countering Human Trafficking Act of 2021: 


  • Funding: Authorized $14 million in funding for the DHS centre for Countering Human Trafficking. 

  • Staffing: Mandated a minimum of 45 dedicated employees for the CCHT. 

  • Victim-Centred Approach: Emphasized the importance of a victim-centred approach in all anti-trafficking efforts. 

  • Enhanced Capabilities: Strengthened the DHS's ability to identify, support, and protect trafficking victims. 

 

2. Frederick Douglass Trafficking Victims Prevention and Protection Reauthorization Act of 2023:

Another critical piece of legislation is the Frederick Douglass Trafficking Victims Prevention and Protection Reauthorization Act of 2023. Passed by the House of Representatives in February 2024, this act continues the legacy of its predecessors by reauthorizing several key programs aimed at preventing trafficking and supporting survivors. 

The act is named after Frederick Douglass, a former slave who became a national leader of the abolitionist movement. This act honors his legacy by promoting education and awareness, crucial elements in the fight against human trafficking. For instance, it includes provisions for awareness training in primary and secondary schools. This means that teachers, students, and school personnel are equipped with the knowledge to recognize and prevent trafficking. Think about it: schools are often the first line of defense for young people who may be at risk, and this training can make a world of difference. 

Moreover, the act requires the Department of Health and Human Services (HHS) to develop the Human Trafficking Survivors Employment and Education Program. This program aims to provide survivors with job training and employment opportunities, crucial steps in helping them rebuild their lives. Employment is not just about financial stability; it’s about empowerment and independence, giving survivors the tools they need to reclaim their futures. 

 

Key Provisions of the Frederick Douglass Trafficking Victims Prevention and Protection Reauthorization Act of 2023: 


  • Education and Awareness: Includes provisions for awareness training in primary and secondary schools. 

  • Survivor Support Programs: Mandates the development of the Human Trafficking Survivors Employment and Education Program. 

  • Cross-Departmental Cooperation: Involves multiple federal departments, including DOJ, HHS, DHS, and State, in its implementation. 

 

3. National Action Plan to Combat Human Trafficking 

The Biden-Harris Administration has also updated the National Action Plan to Combat Human Trafficking. This comprehensive plan focuses on four key pillars: prevention, protection, prosecution, and partnerships. But what do these pillars really mean? 

 

  • Prevention: This involves raising awareness about human trafficking, educating the public on how to recognize and report it, and implementing measures to prevent it from happening in the first place. It’s like building a fence at the top of a cliff rather than placing an ambulance at the bottom. 

  • Public Awareness Campaigns: Extensive campaigns to inform the public about the signs of trafficking and how to report it. 

  • Education Programs: Implementing training programs for students, educators, and community leaders. 

  • Preventive Measures: Initiatives aimed at reducing vulnerabilities that traffickers exploit. 

  • Protection: This focuses on providing victim-centred and trauma-informed services to survivors. It means offering crisis intervention, job training, education, and other support services that help victims rebuild their lives. 

  • Survivor Services: Comprehensive support services including medical care, psychological support, and housing. 

  • Legal Assistance: Providing legal aid to help survivors navigate the justice system. 

  • Employment and Education: Programs to help survivors gain skills and find employment. 

  • Prosecution: Ensuring that traffickers are brought to justice is crucial. This involves improving the training of law enforcement officers and prosecutors to effectively identify and prosecute human trafficking cases. 

  • Law Enforcement Training: Enhanced training programs for law enforcement to recognize and respond to trafficking. 

  • Judicial Training: Programs to educate judges and prosecutors about the complexities of human trafficking cases. 

  • Stronger Legal Frameworks: Developing and implementing laws that provide harsher penalties for traffickers. 

  • Partnerships: Combating human trafficking requires a united front. This means strengthening collaborations between federal, state, and local governments, as well as non-governmental organizations (NGOs), businesses, and communities. 

  • Interagency Collaboration: Coordination between various government agencies to streamline efforts. 

  • NGO Partnerships: Working closely with non-profits and advocacy groups to support survivors and raise awareness. 

  • Business Engagement: Encouraging private sector involvement to ensure ethical practices and support anti-trafficking initiatives. 

 

Should survivors have a stake in policy development? 

 

Survivors of human trafficking possess an unparalleled perspective on the issue and can be powerful advocates for change since they bring a depth of understanding and first-hand insight that no outsider can truly grasp. When policies are crafted, it’s not just about addressing statistics or abstract problems; it’s about creating real, tangible changes that impact lives on a profound level. Survivors have lived through the harrowing realities of trafficking—they’ve experienced the fear, the pain, and the struggle for survival. Their voices are crucial in shaping policies that are not only effective but also compassionate and supportive. 

 

Imagine the strength it takes for someone to turn their trauma into a driving force for change. Survivors can offer perspectives that ensure policies do not overlook the nuances of their experiences. They can identify gaps in the system that others might miss and suggest practical, empathetic solutions that truly address their needs. For an everyday reader, it’s nearly impossible to fully comprehend the intricacies and the emotional depth of a survivor’s journey. We can empathize, we can support, but we cannot replace the authenticity of a survivor’s voice. 

 

The process of involving survivors in policy development also serves as a powerful act of empowerment. It sends a message that their experiences matter, that their input is valued, and that they have a vital role to play in preventing future trafficking and supporting other survivors. This participation helps restore their sense of agency and dignity, which traffickers sought to strip away. It’s not just about crafting better policies; it’s about healing and reclaiming power. 

 

For those who haven’t lived through such experiences, it’s easy to view policymaking as a distant, bureaucratic process. But for survivors, it’s intensely personal. They know the stakes. They know what works and what doesn’t. Their participation ensures that the policies we create are not just theoretically sound but are practically and emotionally resonant. However, the journey from victim to advocate is often fraught with challenges, not least of which are fear and trauma. Despite these barriers, many survivors find ways to use their experiences to influence policy, raise awareness, and support fellow survivors. Here's a few ways they can overcome their fears and get involved: 


  •  Advisory Roles: Survivors can serve on advisory boards and committees, providing first-hand insights to shape policies and practices effectively. This direct involvement ensures that their experiences inform policy decisions.   

  • Survivor Networks: Joining or forming survivor networks allows survivors to collectively voice their concerns and advocate for change. These networks provide mutual support and amplify their advocacy efforts. 

  •  Consultation Processes: Establishing formal consultation mechanisms allows survivors to give feedback on policies and operational practices, ensuring that anti-trafficking measures are survivor centred. 

  •  Public Speaking and Storytelling: Sharing personal stories through public speaking engagements, media interactions, and awareness campaigns helps educate the public and policymakers about the realities of human trafficking.  

  • Training and Empowerment Programs: Participating in training programs enhances survivors' advocacy skills, enabling them to engage more effectively in policy discussions and advocacy efforts.   

  • Collaboration with NGOs: Partnering with non-profits and NGOs that focus on human trafficking can provide platforms for survivors to share their experiences and advocate for policy changes. 

  •  Legislative Testimonies: Providing testimonies at legislative hearings allows survivors to directly influence lawmakers by sharing their personal experiences and highlighting the urgent need for policy reforms.   

  • Grassroots Campaigns: Leading or participating in grassroots campaigns, including petitions, letter-writing, and public demonstrations, can mobilize public support and put pressure on policymakers to act. 


Involving trafficking survivors in policy development is not merely a strategy—it’s a necessity. Their stories, their insights, and their voices transform policies from mere words on paper to lifelines that can save and rebuild lives. As much as we strive to understand and help, we must recognize that survivors are the true experts of their own experiences. Their contributions are invaluable, turning pain into power and vulnerability into strength. It’s a profound reminder that the best policies come from those who have walked the hardest roads and emerged not just as survivors, but as leaders and changemakers. 

 

What can you or I do as a mere spectator – do we not have any role to play? 

 

Everyday people have a profound role to play in the fight against human trafficking. Sitting on the side lines isn’t an option when the stakes are so high—when real lives are at risk. Imagine the terror, the helplessness that trafficking victims endure; their cries for help often go unheard. Your voice, your actions, can change that. Policy advocacy is more than just a civic duty; it’s a lifeline for those who have been silenced. By getting involved, you become a beacon of hope, showing survivors that the world cares, that they are not alone, and that we will stand up against injustice. Your participation can help shape policies that protect the vulnerable, hold traffickers accountable, and provide survivors with the support they need to rebuild their lives. It’s about transforming compassion into action, making sure that every survivor’s journey from darkness to light is supported by a community that refuses to turn a blind eye.  

But how can we get started? 

Here's a few ways to get involved: 

 

 Public Participation:


  • Consultations and Feedback: Ordinary citizens can participate in public consultations and provide feedback on proposed anti-trafficking policies and legislation. This process ensures that the public’s voice is heard and considered in policymaking. 

  • Advisory Boards and Committees: Joining advisory boards or committees that focus on human trafficking can allow citizens to directly influence policy development. These bodies often include members from various backgrounds to provide diverse perspectives. 

 

Advocacy and Awareness


  • Public Awareness Campaigns: Individuals can participate in or organize awareness campaigns to educate the public about human trafficking. These efforts can include creating and distributing informational materials, organizing events, or leveraging social media to spread awareness. 

  • Advocacy Groups: Joining or forming advocacy groups allows individuals to collectively push for stronger anti-trafficking policies. These groups can organize petitions, letter-writing campaigns, and public demonstrations to influence legislators and policymakers. 

 

Training and Education:

 

  • Participation in Training Programs: Engaging in training programs on human trafficking can equip individuals with the knowledge needed to effectively advocate for policy changes. These programs often cover topics such as the legal framework, identification of trafficking victims, and advocacy strategies. 

  • Community Education: Educating others in the community about human trafficking can create a more informed public, which can, in turn, apply pressure on policymakers to implement effective anti-trafficking measures​​. 

 

Collaboration with NGOs and Survivor Networks:


  • Partnerships with NGOs: Collaborating with non-governmental organizations (NGOs) that specialize in combating human trafficking can amplify individual efforts. NGOs often have established channels and expertise to influence policy development​  

  • Supporting Survivor Networks: Encouraging and supporting networks of trafficking survivors can enhance their advocacy efforts. These networks often work closely with policymakers to ensure that survivor experiences inform policy development​. 

 Legislative Engagement:

 

  • Contacting Legislators: Normal people can reach out to their local, state, and federal legislators to express their support for stronger anti-trafficking laws. Personal letters, emails, and phone calls can significantly impact lawmakers' decisions. 

  • Public Hearings and Testimonies: Attending and testifying at public hearings on human trafficking can provide valuable input to policymakers. Personal stories and expert testimonies can highlight the urgent need for policy changes. 

 

Continual legislative changes are essential to adapt to the evolving nature of human trafficking and to address the gaps in earlier laws. By enhancing victim protection, strengthening prosecution, mandating training, focusing on demand reduction, incorporating survivor input, and aligning with global standards, these legislative updates aim to create a more comprehensive and effective framework to combat human trafficking. This ongoing evolution of laws underscores a society’s commitment to eradicating this heinous crime and upholding the dignity and rights of all individuals. This is a journey, and together, we shall prevail.  

 

As Martin Luther King Jr. rightly said -  

 

"The arc of the moral universe is long, but it bends towards justice."  


 

Sources: 


  1. National Human Trafficking Hotline. (n.d.). Federal law. Retrieved July 3, 2024, from https://humantraffickinghotline.org/en/human-trafficking/federal-law 

  2. U.S. Department of Justice. (n.d.). Key legislation. Retrieved July 3, 2024, from https://www.justice.gov/humantrafficking/key-legislation 

  3. International Centre for Migration Policy Development (ICMPD). (n.d.). Inclusion of Survivors in the Policy Development Process and Operational Response to Trafficking in Human Beings. https://www.icmpd.org/file/download/57909/file/en_approach_1%25262.pdf 

  4. Freedom Network USA. (2019). Survivor re-entry project: A white paper on human trafficking survivor services. Retrieved from https://freedomnetworkusa.org/app/uploads/2019/01/SurvivorWhitePaperDigitalFinalJan2019-1.pdf 

  5. Polaris Project. (n.d.). Policy & legislation. Retrieved July 3, 2024, from https://polarisproject.org/policy-and-legislation/ 

  6. U.S. Department of State. (n.d.). Engaging survivors of human trafficking. Retrieved July 3, 2024, from https://www.state.gov/engaging-survivors-of-human-trafficking-2/ 

  7. Office of Justice Programs. (1985). RICO (Racketeer Influenced and Corrupt Organizations Act) statute - Implications for organized labor. Retrieved July 3, 2024, from https://www.ojp.gov/ncjrs/virtual-library/abstracts/rico-racketeer-influenced-and-corrupt-organizations-act-statute 

 

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