U.S. Immigration and Human Trafficking Overlap.

This paper examines the current overlap between the U.S. immigration system and human trafficking, specifically focusing on how these disjointed policy areas may result in negative outcomes for both immigrants and victims of trafficking (VoT). It shall argue that the U.S. government must reconcile these two interconnected policy areas in order to adequately protect migrant VoTs.

The aim of this study is to demonstrate how an express focus on anti-immigration can directly impact the identification and experiences of trafficked victims by analyzing the ways that the victim-protection aspects of the Victims of Trafficking and Violence Protection Act of 2000 (TVPA) is hindered by temporary work visa programs that permit greater exploitation of foreign nationals, state-level variance of immigration policies and enforcement strategies, and anti-immigration objectives that are, in part, fueled by prevailing restrictionist sentiment across the country. This paper contributes to the extant literature by providing an analysis of how a lack of coordination between the fields of immigration and human trafficking is detrimental to migrant VoTs. Securing U.S. borders is a vital aspect of national security, but when protecting citizens and the state converges with transnational human rights issues, a re-examination of current immigration practices and programs from a humanitarian perspective is necessary for addressing the consequences that inadvertently compound the suffering of VoTs.

This study is divided into five parts. The first part provides a brief overview of the overarching way immigration and human trafficking intersect, setting the stage for a discussion of the specific aspects of the U.S. immigration system that negatively impact VoTs. The second part outlines the different worker visa programs that traffickers have used to exploit foreign workers. In the third part, we discuss how conflicting anti-immigration and anti-trafficking agendas combined with an emphasis on restriction by the general public and state-level variation of immigration enforcement practices all contribute to the maintenance of the existing order, where the deportation of illegal immigrants prevails over the protection of potential victims. Prioritizing one group over another has implications for administrative agencies in charge of distributing resources and for law enforcement agencies that oversee both interior and exterior security. The fourth part recommends a few steps that legislators might take to consolidate these two policy areas, while taking into account typical resistance to large-scale reform. The paper concludes with a summary of the main points discussed. Immigration and Human Trafficking

Understanding the intersection between immigration and trafficking first requires an operational definition of terms such as "smuggling" and "trafficking" as the media tends to use them interchangeably. According to the 2000 U.N. Protocol to Prevent, Suppress and Punish Trafficking in Persons, also known as the Palermo Protocol, (1) trafficking in persons is "the recruitment, transportation, transfer, harboring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception... for the purpose of exploitation." Exploitation, in the Palermo Protocol, specifically includes "the exploitation of the prostitution of others or other forms of sexual exploitation, forced labor or services, slavery or practices similar to slavery, servitude or the removal of organs." Smuggling involves "the procurement for financial or other material benefit of illegal entry of a person into a State of which that person is not a national or resident." (2) Trafficking explicitly involves exploitation and does not discriminate against individuals due to their citizenship status, whereas smuggling focuses on foreign nationals who voluntarily enter another country illegally. Although smuggling situations can transform into instances of human trafficking, they are fundamentally different activities that require contrast in order to better grasp the nuances between the two policies areas discussed in this paper.

The Victims of Trafficking and Violence Protection Act (TVPA) criminalized human trafficking and related activities, combatting the issue through a "3-P" approach--prevention, protection, and prosecution. (3) Unlike other crimes, human trafficking has only recently been codified and brought to public attention because of growing concerns regarding the impact of globalization and transnational migration. Technological advancements and friendlier multilateral relations facilitate cross-border movement. Ease of entry naturally raises several national security concerns, which the U.S. government has typically addressed via increased investment into border enforcement over the last three decades.

Immigration has divided policy makers and the electorate for decades. Unauthorized immigration, in particular, is one aspect of immigration that has been heatedly debated. Unauthorized border crossings have been the leading theme in immigration rhetoric for years. The immediate and gradual consequences that immigration policies can have on citizens and non-citizens alike make tackling policy areas that intersect with immigration difficult. The need for immigration reform has been discussed heavily in scholarly literature, (4) but due to how time-consuming and politically fraught implementing even small changes are, transforming recommendations into action is difficult. The lack of updated guidance presents challenges to federal and local law enforcement officials that are expected to simultaneously combat complex issues like the smuggling of weapons and drugs, human trafficking, and illegal immigration.

Human trafficking is a ceaseless, global business that involves the exploitation of individuals. Due to the private nature of trafficking, it is impossible to get an accurate estimate of the number of victims trafficked domestically and abroad. Gargi Bhattacharya stated in his book, Traffick: The Illicit Movement of People and Things, that "the tension between the need for population movement... and state prohibitions against immigration led to where we are now." (5) In America, trafficking is considered another form of population movement and is thus placed under the jurisdiction of immigration agencies. While the growing human trafficking dilemma has become more salient in recent years, responses that prioritize human rights tend to be eclipsed by long-standing immigration priorities that favor law enforcement solutions like migrant arrest and deportation. (6) Due to this, victim-centered responses have either been fragmented or sidelined by institutions on account of the broader concern for illegal immigration.

The overt link between security and immigration dates back to the creation of the Immigration and Naturalization Services (INS) in 1933. The INS merged immigration, border enforcement, and citizenship all into one agency. This arrangement persisted even when the INS was replaced by the Department of Homeland Security (DHS) in 2003 and most of its functions were delegated to various sub-agencies within the DHS such as the U.S. Customs and Border Protection (CBP) and the U.S. Immigration and Customs Enforcement (ICE). The convergence of immigration and security has resulted in an increase in the type of crimes resulting in deportation. Actions by immigrants that were previously seen as civil violations have become criminal offenses. (7) Citizens or permanent residents that commit serious crimes may have their rights restricted, while undocumented immigrants, regardless of their connections in the country, have no constitutional protections against arrest and deportation. This reflects the broader public view of immigration as a "contract," whereby immigrants admitted into the country tacitly agree not to commit any serious offenses. (8) This directly impacts policy. Immigration law is no longer structured in such a way that views immigrants as future citizens, rather it is based on the notion that foreigners must legally earn their equality. (9)

Shifts in immigration policy directly affects traffickers and their victims. For example, stricter enforcement along U.S. borders may make smuggling costs more expensive, and fleeing migrants that utilize these illicit networks may be at an increased risk of exploitation through debt bondage. Human trafficking victimizes all persons, but certain groups are at increased risk due to economic inequalities, citizenship status, social isolation, armed conflict, gender inequality, and...