CBP hears those cries and is concerned about the individuals that enter the United States as trafficking victims. Human trafficking (and smuggling) is not only against the law, but also tragic for the individuals and families involved. And keeping human trafficking out of the United States protects the nation from illegitimate international trade and travel. This is why CBP recently established the Office of Alien Smuggling Interdiction, as a means of fighting human trafficking and smuggling (see the article, “CBP Opens the Office of Alien Smuggling Interdiction” in this issue).

Trafficking is defined under the Trafficking Victims Protection Act (2000) as “the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services through the use of force, fraud, or coercion for the purpose of involuntary servitude, peonage, debt bondage, or slavery.”

Smuggling vs. Trafficking What is the difference between a smugglee and a victim of human trafficking? It all comes down to choice. Smuggling is voluntary and ends after the border crossing. Trafficking, in contrast, is involuntary; involves forced exploitation of a person for labor or services; may occur without the person being moved; and happens both domestically and internationally.

Education is key
CBP is educating would-be victims of this multi-billion dollar business of exploitation. This is especially important because most are initially tricked into believing they are only being smuggled but instead upon arrival become victims of abuse. People who are victims of human trafficking can contact CBP for information and referrals at any port of entry by calling 1-800-BE-ALERT.

The first step in the educational process, says Jim Collingwood, acting director of the Alien Smuggling Interdiction Office, is to inform CBP officers and CBP Border Patrol agents of what to look for when they encounter a potential trafficking victim at or between the ports of entry. “Once the signs of trafficking become clear, we are in a position to identify victims and inform them of their rights and to refer them to Immigration and Customs Enforcement and possibly a state, or local agency that can help,” says Collingwood.

One of the biggest myths when it comes to trafficking victims, says Collingwood, is the idea that they will automatically be sent home if they confide in law enforcement. Actually, he says, “trafficking victims have rights that they do not even know they have.” Once trafficking victims are identified they may be protected from deportation and afforded important immigration benefits.

Seeing the signs
According to the International Association of Chiefs of Police (IACP), it is widely acknowledged that trafficking is a subtle, difficult crime to identify. Victims may choose to stay with their traffickers rather than seek freedom for a number of reasons, including a fear of law enforcement (they may have committed crimes in the course of their situation); mistrust of law enforcement due to corruption of officers in their home country; feelings of shame about the type of work they have done; or even the belief that their situation is temporary and the trafficker will let them go.

Not only that, but victims suffer from the traffickers’ attempt to gain psychological and physical control over them. Among other things, they will hold the victims’ legal and travel documents; falsely represent U.S. laws regarding immigration; tell the victim that if they leave the trafficker they will be arrested; say that they will harm the victim’s family back at home; create an insurmountable mountain of “debt” that the victim must “work off”; and isolate victims who do not speak English and force them to rely on the trafficker as a translator.

Human Trafficking poster

One thing that victims almost certainly do not know is that under the Trafficking Victims Protection Act, they will not be prosecuted for certain illegal activities committed under coercion.

Being proactive
Nevertheless, notes the IACP, law enforcement can identify trafficking if they look closely enough. Does somebody else appear to have control over the person’s documents? Are there signs of trauma? Is the person fearful of talking, or is someone trying to censor them when they speak? Ask the potential victim: “Are you able to move around freely or is someone limiting you?” Never ask directly “Are you a slave?” or “Are you a trafficking victim?”

Something to keep in mind is that trafficking victims often have “cover stories” that have been provided to them by the trafficker. It may be helpful to ask them what has happened to their peers rather than to themselves, as it may be easier to focus on and be honest about other people’s suffering. Also, be sure that if an interpreter is used, that s/he is not connected with potential trafficking in any way.

Uniting to combat the crime
There are numerous agencies, nonprofit organizations, and movements involved in the fight against human trafficking. Federal agencies include Customs and Border Protection, Immigration and Customs Enforcement, the Federal Bureau of Investigation, and the Department of Health and Human Services. Nonprofit organizations include the Coalition to Abolish Slavery and Trafficking; Free the Slaves; the Freedom Network; the Polaris Project; and Safe Horizon. In addition, the Department of Justice disseminates grants to support local law enforcement in starting human trafficking task forces in their communities, and the IACP distributes information about this important issue. Online, additional information can be found at the Department of State’s web site, usinfo.state.gov, and at such web sites as HumanTrafficking.org, ProtectionProject.org, and more.

Together, organizations and agencies, including CBP, at every level of society, and across national boundaries, are uniting to fight this horrible crime.

Editor's Note
We gratefully acknowledge“The Crime of Human Trafficking,” International Association of Chiefs of Police, http://www.theiacp.org/research/vawpoliceresponse.html, which provided most of the information about trafficking provided in this article. The mention of non-profit or private organizations should not be taken as an endorsement by CBP.