U.S. Law and Legal Resources
U.S. Federal Law
18 U.S.C. Ch. 77 – Peonage, Slavery, and Trafficking in Persons
18 U.S.C. § 1593 – Mandatory Restitution for Trafficking Victims
18 U.S.C. § 3771 – Crime Victims’ Rights
18 U.S.C. § 3663A – Mandatory Restitution to Victims of Certain Crimes
29 U.S.C. Ch. 8 – Fair Labor Standards Act
The TVPA in Five Colors – The Protection Project at Johns Hopkins
Trafficking Victims Protection Act and Reauthorizations:
Victims of Trafficking and Violence Protection Act of 2000 (Public Law 106-386)
Trafficking Victims Protection Reauthorization Act of 2003 (Public Law 108-193)
Trafficking Victims Protection Reauthorization Act of 2005 (Public Law 109-164)
William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (Public Law 110-457)
Violence Against Women Reauthorization Act of 2013 (Public Law 113-4)
The Mann Act (1910)
Customs Facilitation and Trade Enforcement Reauthorization Act of 2009
Racketeer Influenced and Corrupt Organizations
Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003 or PROTECT Act
National Defense Authorization Act for Fiscal Year 2013
U.S. State Trafficking Laws
When “Mandatory” Does Not Mean Mandatory- Failure to Obtain Criminal Restitution in Federal Prosecution of Human Trafficking in the United States
Assisting Human Trafficking Victims with Return of Property and Restitution
Making Restitution Real – Studies on Improving Restitution Collection
Restitution and Asset Forfeiture – A Focus on Human Trafficking 2014
Maximizing Restitution Awards – A Guide for Federal Prosecutors and Pro Bono Attorneys
Wages and Hours Worked: Minimum Wage and Overtime Pay (U.S. Department of Labor)
Wage and Hour Division Compliance Assistance – Wages and the Fair Labor Standards Act (U.S. Department of Labor)
Prevailing Wage Database (Foreign Labor Certification Data Center)
Memorandum Opinion, U.S. v. Lewis, 09-cr-00213 (D.D.C. June 13, 2011)
Carazani v. Zegarra, 2013 WL 5303492 (D.D.C. July 3, 2013)
Safe Harbor, Expungement, Sealing, and Vacatur
The Human Trafficking Pro Bono Legal Center Civil Case Database (Permission required to access, follow this link)
The Human Trafficking Case Database was launched in February 2011 by the Human Trafficking Clinic at Michigan Law School. The HTLP is the first publicly available database of human trafficking cases within the United States. Through the HTLP, the Clinic hopes to help strengthen anti-trafficking laws in the United States and to support government officials, law enforcement, and practitioners who are working on behalf of human trafficking victims.
U.S. Resources and Organizations
The American Bar Association Task Force on Human Trafficking was created by ABA President Laurel Bellows in August 2012 to mobilize the legal profession to combat human trafficking through public awareness, advocacy, training and education. The task force coordinates more than a dozen ABA entities to address different areas of concern, such as corporate standards, pro bono, training, public awareness, legislation and legislative advocacy, and children’s issues.
The Human Trafficking Pro Bono Legal Center empowers trafficked women, men, and children to seek justice. HT Pro Bono leads national efforts to hold human traffickers accountable for their crimes and to raise awareness of victims’ rights. By linking trafficking victims with highly-skilled pro bono attorneys, HT Pro Bono works to obtain criminal convictions, criminal restitution, and civil judgments against traffickers. With pro bono legal assistance, trafficking survivors can rebuild their lives.
The Freedom Network USA is a national alliance of experienced advocates working with survivors of all forms of human trafficking to ensure that trafficked persons have access to justice, safety, and opportunity.
The Alliance to End Slavery & Trafficking is dedicated to ending modern-day slavery and human trafficking around the world. Modern-day slavery manifests itself in many forms — from forced labor to sex trafficking — but each is alike in posing a severe threat to basic human rights. Legal nowhere and present in every country across the globe, slavery damages our communities, taints the products and services we consume, tarnishes the profits we earn and is one of the most pressing human rights challenges of our time.
The mission of the Coalition to Abolish Slavery and Trafficking is to assist persons trafficked for the purpose of forced labor and slavery-like practices and to work toward ending all instances of such human rights violations.
Coalition Against Trafficking in Women To end human trafficking in its lifetime. Our worldwide network engages in ongoing projects and campaigns that combat human trafficking by focusing on prevention, education, gender equality, legislation, direct services for victims and ending the demand that fuels sex trafficking. Projects and campaigns are centered on survivors’ human rights and advocate for the protection of victims and the punishment of the perpetrators of sexual exploitation.
The Global Freedom Center’s mission is to foster an expanded, knowledgeable and mobilized global community against human trafficking that will identify and assist more trafficked persons and develop the policies and strategies required to prevent modern slavery.
The National Underground Railroad Freedom Center opened in August 2004 in Cincinnati, Ohio. Its purpose is to tell the story of the struggle for freedom in the United States through exhibits and programs that focus on America’s battle to rid itself of slavery and treat all its citizens with respect and dignity. The frame of reference of the museum is the compelling drama of the Underground Railroad.
The Polaris Project is one of the leading organizations in the global fight against human trafficking and modern-day slavery. Named after the North Star “Polaris” that guided slaves to freedom along the Underground Railroad, Polaris Project is transforming the way individuals and communities respond to human trafficking, in the U.S. and globally.
Sanctuary for Families’ Anti-Trafficking Initiative provides targeted outreach and specialized services to victims of sex trafficking. Sanctuary has long been a leader in policy advocacy and awareness building on this issue, and has been providing direct services to trafficking victims for over 15 years.
Created by funds from an anonymous donor that have been matched by the state of Florida, theFlorida State University Center for the Advancement of Human Rights has the mandate of facilitating the development of interdisciplinary human rights courses throughout the university and of fostering human rights scholarship; establishing human rights field placements for FSU students and engaging in direct human rights advocacy; and supporting nongovernmental organizations throughout the world that engage in human rights work.
It is estimated that thousands of children are trafficked into the United States each year, and potentially hundreds of thousands of children are trafficked within the U.S. for labor or commercial sexual services. These children suffer physical, sexual and emotional violence at the hands of traffickers, pimps, employers and others. Much of the current response to human trafficking in the United States has addressed survivors as one homogenous group without allowing for the special needs of children. In response to this systemic crisis, the Loyola University Chicago Center for the Human Rights of Children collaborates with a Continuously expanding network of individuals and organizations on a number of different projects.
Federal Resources and Agencies
The Anti-Trafficking in Persons Program leads the Health and Human Services’ Rescue and Restore Victims of Human Trafficking public awareness campaign, which established Rescue and Restore coalitions in 24 cities, regions and states. The National Human Trafficking Victim Assistance Program provides funding for comprehensive case management services on a per capita basis to foreign victims of trafficking and potential victims seeking HHS certification in any location in the United States.
The Department of State’s Office to Monitor and Combat Trafficking in Persons leads the United States’ global engagement in the fight against human trafficking, partnering with foreign governments and civil society to develop and implement effective strategies for confronting modern slavery. The office has responsibility for bilateral and multilateral diplomacy, targeted foreign assistance and public engagement on trafficking in persons.
To combat modern-day slavery, the Department of Homeland Security launched the Blue Campaign, a unique initiative to coordinate and enhance efforts to address human trafficking.
of children are trafficked within the U.S. for labor or commercial sexual services. The campaign’s name references the global anti-human trafficking Symbols, the Blue Heart and the Blue Blindfold, as well as the “thin blue line” of law enforcement. The Blue Campaign is organized around the “three Ps” of the Trafficking Victims Protection Act of 2000: Prevention, Protection and Prosecution.
The Department of Justice has included investigating human trafficking among its top priorities. Human trafficking is reputed to be one of the most profitable endeavors of organized crime and the fastest growing, an endeavor that enslaves thousands
of people within our borders each year and perhaps millions outside those borders. It is a crime of increasing proportions, fully repugnant to American beliefs, a crime that preys on the world’s most vulnerable people. The Bureau of Justice Assistance began building on Office for Victims of Crime efforts to assist victims of trafficking in persons. While the TVPA provides for services to foreign victims of trafficking and prosecution of human trafficking at the federal level, it is often local law enforcement personnel who initially encounter victims of trafficking in the course of their daily operations. Therefore, local-level policing that is informed about victim identification and the available victim services, when combined with federal investigative capacity and coordinated with the U.S. Attorney’s Office, presents a formidable force for the investigation and prosecution of human trafficking.