Protocol of the
CA Central Coast Coalition
To Stop Enslavement (CA-CCC-SE)

Human Trafficking Background:

Human trafficking is a form of modern-day slavery and a violation of a person’s human rights. It involves obtaining a person through the use of force, fraud or coercion for sexual exploitation or forced labor. Victims of human trafficking are women, young children, teenagers and men. Human trafficking frequently involves the transportation of victims across international borders; however, persons can be trafficked within their own countries and even within their own communities.

In 2005, the United States Department of State (U.S. DOS) estimated that 14,500 to 17,500 individuals are trafficked into the U.S. annually (Assessment of U.S. Government Efforts to Combat Trafficking in Persons in Fiscal Year 2004, September 2005, pg. 4). Since then experts question that statistic, while at the same time stressing that human trafficking remains a covert crime and therefore difficult to measure.

Traffickers employ various methods to instill fear in victims, to compel them to engage in activities against their will, and to keep them enslaved. These methods can include debt bondage, threats and physical violence against the victims and/or their families.

Context:

California is a top destination for human traffickers due to the state’s international border, major harbors and airports, powerful economy and increasing immigrant population. (Human Trafficking in California Final Report of the CA ACTS p. 15)

Between 1998 and 2003, 57 forced labor operations were identified in 11 cities across the state. Approximately 554 victims were identified. Eighty-percent of these cases were centered around four major California cities: Los Angeles, San Diego, San Francisco, and San Jose.

Since the central coast is a corridor between Los Angeles and San Francisco and because it is a highly agricultural area, it is very possible that human trafficking is occurring in this area.

Federal Response:

In October 2000, Congress enacted the Trafficking Victims Protection Act of 2000 (TVPA), Public Law 106-386, to prosecute traffickers, protect victims and prevent trafficking from occurring. Prior to that, no comprehensive federal law existed to protect victims of trafficking or to prosecute their traffickers. This law made human trafficking a federal crime with severe penalties and made victims of human trafficking eligible for federally funded benefits and services to the same extent as refugees once they become certified by the U.S. Department of Health and Human Services.

The Trafficking Victims Protection Reauthorization Act (TVPRA) of 2003, 2005 and 2008 enhanced the legal tools to prosecute traffickers and extended eligibility for federally funded benefits and services to certain family members of victims.

California Response:

In September 2005, California enacted its first anti-trafficking law (Assembly Bill 22, Lieber) to make human trafficking a felony in this state and assist victims in rebuilding their lives. This law, as well as Senate Bill 180 (Chapter 239, Statutes of 2005), also established the California Alliance to Combat Trafficking and Slavery (CA ACTS) Task Force to conduct a thorough review of California’s response to human trafficking and report its findings and recommendations to the Governor, Attorney General and Legislature. The CA ACTS Task Force issued the final report on December 04, 2007 and thereafter disbanded.

On January 1, 2007 Senate Bill 1569 (Chapter 672, Statutes of 2006) created a state-funded program for non-certified victims of human trafficking and victims of other serious crimes. The enactment of this bill extends eligibility for benefits and services to these victims to the same extent as persons admitted into the United States as refugees.

If and when a person receiving benefits and services under SB1569 is certified as a human trafficking victim by the federal Office of Refugee Resettlement, s/he becomes eligible for federal benefits and services, and will be transferred from the state-funded program to the federal program.

The CA Central Coast Coalition (CA-CCC-SE)

History of the Coalition:

Representatives of various agencies (social services, legal outreach, law enforcement, and non-governmental organizations) located along the central coast of CA met on January 19, 2007, in Watsonville to begin a discussion on how they could collaborate to combat human trafficking. Over the ensuing year they invited in other representatives and speakers to continue learning how other areas of CA are working against this human rights abuse.

During 2008 the members formalized their commitment to collaborate and defined the parameters for effective functioning and growth of the Coalition.

In 2009 the Coalition prepared its web site, brochures and began expanding its public face and invitation for agencies to join in its work.

CA-CCC-SE Vision Statement:

The CA-CCC-SE strives to assure that persons living and working along the central coast of California eliminate human trafficking from their communities.

CA-CCC-SE Mission and Goals:

To train key organizations and persons in understanding how human trafficking happens and how to effectively curtail it.

The CA-CCC-SE will achieve this mission by undertaking the following goals:

• Raise awareness about human trafficking among the diverse populations along California’s central coast;
• Establish a strong network of participating agencies able to recognize and effectively aid victims;
• Enable survivors of human trafficking to become contributing members of society.
• Cooperate with law enforcement and the legal system to prosecute those who enslave persons through force, fraud or coercion.

Principles of the CA-CCC-SE:

• Strategies and decisions will be victim-centered;
• Response to trafficked survivors will be culturally sensitive;
• Services will be provided in a timely and efficient manner;
• First responders and subsequent service providers will collaborate and coordinate their services to the benefit of the survivor.

Organizing Structure of the CA-CCC-SE:

CA-CCC-SE Member Organizations: See Appendix for a list of member organizations.

Representatives of member organizations commit to attending a minimum of six out of the nine meetings each year, as well as serving on a CA-CCC-SE Committee of their choice.

Coordinator: sets the agenda with input from the member organizations via the CA-CCC-SE Blog, facilitates the meetings, and sends out and posts the minutes on the CA-CCC-SE Blog and in the CA-CCC-SE Google Group. (These means of communication are in an experimental phase.)

Committees:

1. Education Committee: responsible for:

• Outreach: strategies on how to raise public awareness about human trafficking
• Media: use of radio, public service announcements and newspapers to educate the public
• Speakers Bureau: coalition members prepared and available to give presentations upon request

2. Service Committee: responsible to evaluate and improve the services to the survivor(s).

3. Membership Committee: responsible for maintaining communication with the current membership and strategizing to expand membership. Part of the work of the Committee is to manage the CA-CCC-SE Blog (http://ca-ccc-se.blogspot.com/) and the CA-CCC-SE Google Group (http://groups.google.com/group/CA-CCC-SE).

4. Ad Hoc Committees: will be formed as specific needs arise.

Meetings:

Are held monthly (Jan.-June; Sept.-Nov.) at a local or regional level as determined by the annual calendar.

Currently regional meetings are held at the Watsonville Community Hospital Pajaro Valley Community Health Trust Meeting Room (85 Nielson Street, Watsonville, CA 95076 831-761-5639) on the second Friday of every month from 10:00 – 11:30 a.m. The agenda is sent prior to each meeting and also is posted on the CCC-SE Blog and CA-CCC-SE Google Group.
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Service Model for Survivors of Human Trafficking:

CA-CCC-SE members use a “services delivery” model for victims of trafficking. The model outlines a progression of services from the time a victim leaves a trafficking situation until they reach self-sufficiency.

Eligibility:

Eligibility for services will depend largely on each service provider’s program and/or funding restrictions. However, Coalition members will make every effort to provide services to victims of trafficking, and will afford priority of service to victims of trafficking.

Confidentiality:

The Coalition is committed to strict confidentiality when members are involved in providing services to trafficking victims, or to referring law enforcement, service providers or others who provide services for victims. All Coalition members and service providers must commit to confidentiality in the application to the Coalition or in agreements of understanding signed with the Coalition.

Recommendations Regarding Services:

While services exist in the central California area that might be used for trafficking victims, there is no system of services delivery designated specifically for trafficking victims. Identifying and having available immediate services is critical because of the nature of human trafficking; the need for services may arise quickly without advance notice.

An ad hoc committee should begin developing a system or package of services and a resource reference manual that can be readily used, especially in an emergency, to avoid resorting to ad hoc service provision when a victim is identified on short notice.
It is critical to develop an Emergency Response System for trafficking victims, which could include an Emergency Response Team made up of Coalition members.

A Memo of Understanding (MOU) may be established with local domestic violence shelters willing to provide temporary shelter for trafficking victims.

Intake: The person doing intake should be from a social services agency or a legal services organization. S/he must understand the confidentiality issue involved with receiving intake. A Standardized Intake Form should be utilized by all service providers on the Coalition and only limited/basic information should be included.

Case/client details will not be shared with the Coalition; however, members of the Coalition may be contacted for resources needed for a particular case/client.

Phase I — Exploration and Trust building — 3-12 months

A. Provide safe environment/Assess Immediate needs

• Women’s crisis housing (Defensa de Mujeres/Walnut Ave)
• Volunteer family/individuals willing to provide temporary housing
• Church shelters
• Provide translators
• Assess need for acute medical help

B. Health assessment for ongoing needs

• May be more immediate—emergency room, drug addiction, e.g.
• Contact medical/nursing personnel willing to do follow up
• Mental health assessment/acute mental health intervention
• Health assessment to identify medical/medication needs

C. Rights and benefits

• Educate of his/her rights
• Assess need for immigration lawyer
• Assist access to health and social service benefits
• Assist accessing support from participating community agencies

D. Support through legal system

• Consistent communication w/ identified law enforcement official
• Consistent communication / lawyer and immigration
• Continuous assess and support victim for emotional/mental trauma
• Twenty-four hour availability of support for victim
• Assess need for protection of family in country of origin
• Refer to international human rights agencies

E. Media management

• Sensitivity of victim’s confidential rights
• Incident can be used as an opportunity for community education
• Appointed person of CA-CCC-SE to address the media
• Include combined law enforcement, participating agencies, and churches

Phase II — Transition Period — 2-4 months

A. Immigration status

• Assist to obtain T-visa (letters, finger print, lawyer etc.)

B. Health care needs

• Address ongoing medical needs/primary physician
• Assess mental health needs

C. Housing needs

• Assist to find permanent housing (community agency, grants, financial donations, church affiliation)

D. Employment

• Job finding/training program/social agency support
• Assist with transportation needs (public transportation/driver train)

Phase III — Continuity of Care — 1-3 years

A. Consistent monitoring and communication

• Varies from person to person regarding need
• Assess health, emotional, mental status, following through with medical appointments, drug rehab consistency,able to obtain necessary medications
• Assess need for referral to community agencies
• Assess work situation
• Assess financial situation
• Assess safety factor: perpetrator(s) knowledge of victim’s whereabouts, family in country of origin, victim should have phone number of whom to call in emergency

B. Ongoing assessment of gradual reduced need for case management

• promote independence
• promote victim knowledge of who/where to call
• promote support on as needed basis
• post established permanent housing, steady employment, and health care needs have been satisfied.aaaaReturn to top.

Communications Policies and Procedures:

Communication plays an essential role in sharing and imparting information among Coalition members, stakeholders, the media, and other groups and organizations interested in learning/knowing more about human trafficking. How we communicate as Coalition members with our internal members and external bodies/entities directly reflects the Coalition as a whole.

Therefore, the following guiding principles/policies are designed to ensure that client confidentiality is protected and that Coalition members are consistent when communicating on behalf of the Coalition. Particular items of information need to be kept confidential and Coalition members must exercise care and precaution when handling and transmitting confidential information.

Internal/External Communication:

• Internal communication is between Coalition members.
• External communication is between Coalition members, victims or other community members.

When communicating with external persons, take into consideration:

• The audience;
• The type of information to be communicated (i.e. confidential, good news/bad news, general, etc.); and
• The most appropriate medium of communication (i.e. verbal, e-mail, memo, etc.)

It is important to recognize that people come from various backgrounds and cultures and they bring with them different values, attitudes and beliefs. As a Coalition, members need to be non-judgmental, respectful and tolerant of these differences. When communicating with people from diverse backgrounds, care needs to be taken to ensure that cultural differences in both verbal and nonverbal communication are considered.

Media Relations:

No information about the clients will be released except what the clients personally choose to make public.

Risk must be continually assessed so that media relations do not jeopardize the safety of the client or her/his case.

Coalition Point Person:

A CA-CCC-SE member serving on the Education/Media Committee will be appointed to serve as the primary media point person for the Coalition. If someone from the media or press contacts a member of the Coalition, the telephone call or e-mail message should be forwarded to the media point person for appropriate action.

Similarly, all requests for information should be directed to the media point person. Coalition members should not respond to any of the queries unless their response includes a statement that the communication is solely on behalf of their organization.

Point Person from Member Organizations:

In addition, there may be individual media spokespersons for each member organization (i.e., Social Service agencies, Legal Services, Immigration and Customs Enforcement, local law enforcement, District Attorney, etc.) particularly when individual cases arise. To avoid compromising the case, the spokespersons are unlikely to be directly involved in the case. They will more frequently be the director of an organization that is providing direct services to the trafficking survivor.

Many individuals on the Coalition work for state and/or local units of government and represent their organizations on issues related to human trafficking. Members of the Coalition who serve in a dual role must exercise discretion and great care when speaking on behalf of their organization.

Appendix:
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Member Organizations of the CA Central Coast Coalition
To Stop Enslavement (CA-CCC-SE)

• CA Rural Legal Assistance
• Diocese of Monterey – Catholic Charities
• Diocese of Monterey – Family Life
• Diocese of Monterey – Social Justice Office
• Dominican Hospital – Roda Clinic
• Hope House
• Marina Police Department
• Monterey Institute of International Studies
• Monterey County Rape Crisis Center
• Monterey County YWCA
• New Camaldoli Hermitage
• Pajaro Valley Shelter Services
• Resurrection Parish Outreach, Aptos
• Salud Para La Gente
• Salvation Army, Watsonville
• San Jose CA Police Department Vice Unit, Human Trafficking Task Force
• Santa Cruz County District Attorney Office
• Santa Cruz County Immigration Project
• Santa Cruz County Latino Affairs Commission
• Santa Cruz County Sheriff’s Office
• Santa Cruz County Women’s Commission
• SAVE - Salvatorian Advocacy for Victims of Exploitation
• Seaside Police Department
• Sisters of the Holy Names of Jesus and Mary
• St. Joseph’s Parish Outreach, Capitola
• Watsonville Community Hospital
• Watsonville Law Center
• Watsonville Police Department
• Women’s Crisis Support – Defensa de Mujeres

Legal Definitions

A. Human Trafficking:

Federal law: defines trafficking in persons as “sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age”; or “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 subjection to involuntary servitude, peonage, debt bondage, or slavery.”

California law: defines human trafficking as “all acts involved in the recruitment, abduction, transport, harboring, transfer, sale or receipt of persons, within national or across international borders, through force, coercion, fraud or deception, to place persons in situations of slavery or slavery like conditions, forced labor or services, such as forced prostitution or sexual services, domestic servitude, bonded sweatshop labor, or other debt bondage.”

United Nations: defines human trafficking as
(a)“Trafficking in persons” shall mean 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, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation. Exploitation shall include, at a minimum, 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;
(b) The consent of a victim of trafficking in persons to the intended exploitation set forth in subparagraph (a) of this article shall be irrelevant where any of the means set forth in subparagraph (a) have been used;
(c) The recruitment, transportation, transfer, harboring or receipt of a child for the purpose of exploitation shall be considered “trafficking in persons” even if this does not involve any of the means set forth in subparagraph (a) of this article;
(d) “Child” shall mean any person under eighteen years of age. (Source: Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime (article 3 (a)).

B. Other Related Definitions:

Coercion: threats of serious harm to, or physical restraint of, any person; any scheme, plan or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or the abuse or threatened abuse of the legal process; or threats or perceived threats of serious harm to or physical constraints against any person; a scheme intended to cause a person to believe that failure to perform will result in serious harm to or physical restraint against any person.

Continued Presence: temporary immigration relief granted to eligible non-citizen victims of human trafficking who are potential witnesses of human trafficking in order to assist in the prosecution of the trafficker.

Criminal Profiteering Activity: any act committed or attempted or any threat made for financial gain or advantage, which act or threat may be charged as a crime under penal code sections including human trafficking as defined in Penal Code section 236.1.

Debt Bondage: The circumstance in which the trafficker claims that the trafficked person owes more than the original price agreed on for services to bring the victim into the country, with the victim pressured to pay off the debt; or
Status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of those of a person under his or her control as a security for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined.

Destination Country: Country to which victims are trafficked for forced labor or sexual exploitation.

Duress: includes knowingly destroying, concealing, removing, confiscating, or possessing any actual or purported passport or immigration document of the victim. (Penal code section 236.1(d)(2)).

EAD/Work Authorization: trafficking victims whom have continued presence are eligible to apply for an Employment Authorization Document (EAD) that proves that the victim is legally employable in the United States. One type of temporary relieve a victim can receive offer issued continued presence.

Federal Law Enforcement Authorization (LEA): Refers to any federal law enforcement agency that has the responsibility and authority for the detection, investigation, or prosecution of severe forms of trafficking in persons. Qualified LEAs include, but are not limited to, the offices of the Department of Justice, United States Attorney, Federal Bureau of Investigation (FBI), United States Citizenship and Immigration Services (USCIS), United States Immigration and Customs Enforcement (USICE), United States Marshal Service, and the Diplomatic Security Service of the Department of State. Certification of a person as a "trafficking victim" by a LEA is required by the TVPA before a trafficking victim can apply for the T Visa.

Force: the use of physical or psychological harm and confinement to control victims.

Forced Labor or Services: all work or service which is exacted from any person under the menace of any penalty and for which the person has not offered him/herself voluntarily; or
labor or services that are performed or provided by a person and are obtained or maintained through force, fraud, or coercion, or equivalent conduct that would reasonably overbear the will of the person. (Penal Code section 236.1(e)).

Fraud: false offers or promises that induce people into trafficking situations.

Globalization: the growing integration of economies and societies around the world.

Human Smuggling: Facilitating the illegal entry of a person across an international border, with the individual free to leave upon payment of the fee for the smuggling service; or
helping someone to illegally cross country borders, often without identification or papers, for financial or material benefit. Smuggling ends with the arrival of the migrants at their destination, whereas trafficking involves the ongoing exploitation of the victims in some manner to generate illicit profits for the traffickers.

Human Trafficking Caseworker: is a person who is employed by any organization providing the programs specified in Section 18294 of the Welfare and Institution Code, whether financially compensated or not, for the purpose of rendering assistance to victims of human trafficking, who has received specialized training in the counseling of human trafficking victims, and who also meets any of one of the following requirements: has a master’s degree in counseling or a related field; or has on year of counseling experience, at least six months of which is in the counseling of human trafficking victims. Has at least 40 hours of training in specified in Penal code section 1038.2 and is supervised by an individual who qualifies as a counselor above or is a psychotherapist (Penal Code section 1038(c)).

Human Trafficking Caseworker Privilege: exists when a trafficking victim and his/her caseworker have a confidential communication. The confidential communication cannot be disclosed if the privilege is asserted. The privilege can be exercised by the victim, by a person the victim has authorized to claim the privilege, or by the caseworker, if the victim is still in existence. A court, after a hearing, could compel disclosure if the probative value of the information outweighs the effect of disclosure of the information on the victim, the counseling relationship, and the counseling services. (Penal Code section 1038.1).

Involuntary Servitude: a condition whereby individuals believe that an attempted escape from their situation would result in serious physical harm to them or others – a belief often caused by physical and verbal abuse and threats; or forcing a person to work through threats, harm, physical abuse, restraint or legal retaliation.

Peonage: Holding a person against his or her will to:
pay off a debt;
make a debtor work for his creditor until the debt is paid; or
hold someone against his or her will to pay off a debt.

Pull factors: the forces in a country that attract migration, including a high demand for inexpensive labor and low-cost products.

Push Factors: the forces in a country that motivate people to migrate to another country, including poverty, political upheavals, human rights abuses and insufficient work or pay to sustain one’s family.

Repatriation: to restore someone to her/his homeland, the process of returning peoples to their homes, most notably following a war.

Source Country: trafficking victim’s country of origin.

Sweat-Free Code of Conduct: requires that goods and services purchased through procurement contracts are produced in compliance with labor laws and not as a result of forced labor or other workplace abuses.

T Visa: grants eligible non-citizen victims of human trafficking the right to remain in the country legally for up to three years, and then adjust their status to lawful permanent residents; or may be available to individuals of severe forms of trafficking, who have complied with any reasonable requests for assistance in the investigation or prosecution of acts of trafficking.

Minors under the age of 18 do not have to comply with such requests in order to be eligible. In addition, a victim of a severe form of trafficking is eligible to receive a T-visa only if she/he is physically present in the United States, American Samoa, the commonwealth of the Northern Mariana Islands, or at a port of entry on account of such trafficking, and if she/he world suffer extreme hardship involving unusual and severe harm upon removal.

Trafficking Shelter: means a confidential location, which provides emergency housing on a 24-hour basis for victims of human trafficking, including any person who is a victim under Penal Code section 236.1. (Penal Code section 273.7(2)).

Trafficking Victims Protection Act 2000 (TVPA): federal U.S. legislation passed in 2000 that emphasizes the prevention of trafficking, protection of victims and the prosecution of traffickers.

Trafficking Victims Protection Reauthorization Act 2003 (TVPRA): Among the major provisions of the TVPRA, it eliminates the requirement that a victim of trafficking between the ages of 15 and 18 must cooperate with the investigation and prosecution of his or her trafficker in order to be eligible for a T-visa; and it allows for siblings of trafficked persons to apply for a T-visa.

Trafficking Victims Protection Reauthorization Act 2005 (TVPRA): Add info

Trafficking Victims Protection Reauthorization Act 2008 (TVPRA): Add info

U Visa: allows non-citizens who have suffered substantial physical or mental abuse as a result of being the victims of certain crimes, including human trafficking, to remain lawfully in the country for a specified period of time; or may be available to individuals who have suffered substantial physical or mental abuse as a result of being the victim of certain crimes designated by the penal code including trafficking, domestic violence, sexual exploitation, sexual assault, peonage, involuntary servitude, and slave trade.

To be eligible for a U-visa, the victim must possess information concerning the crime and the U-visa petition must include a certification from local law enforcement stating that the victim is helping, has helped, or is likely to be helpful in the investigation or prosecution of the crime.

U Visa Interim Relief: temporary measure whereby potential recipients of a U visa could remain lawfully in the country pending the issuance of regulations governing U Visas (regulations issued in September 2007).aaaaReturn to top.

Acronyms

• AG –Attorney General
• API – Asian Pacific Islander
• BFT - Bona Fide T Visa (enables VSFT to access refugee benefits)
• BJA – Bureau of Justice Assistance (DOJ)
• BSCC – Bilateral Safety Corridor Coalition (San Diego)
• CA ACTS – California Alliance to Combat Trafficking and Slavery
• CAST – Coalition to Abolish Slavery and Trafficking (Los Angeles)
• CA-CCC-SHT – California Central Coast Coalition to Stop Human Trafficking
• CDAA – California District Attorneys Association
• CDPH – California Department of Public Health
• CDSS – California Department of Social Services
• CERT – Certification
• CEOS – Child Exploitation and Obscenity Section / Criminal Division
• CIB – Criminal Intelligence Bureau (California Department of Justice)
• CIS – U.S. Citizenship and Immigration Services, (DHS)
• CP – Continued Presence (temporary immigration relief)
• CRT – Civil Rights Division / Criminal Section
• CTVPA – California Trafficking Victims Protection Act
• DHCS – California Department of Health Care Services
• DHHS – U.S. Department of Health and Human Services
• DHS – U.S. Department of Homeland Security
• DOJ – Department of Justice
• DOL – Department of Labor
• DOS – Department of State
• DSS – Diplomatic Security Service
• EAD – Employment Authorization Document (comes with CP)
• FBI – Federal Bureau of Investigation
• G/TIP – Office to Monitor and Combat Trafficking in persons (State Dept)
• GAO – U.S. Government Accountability Office
• HHS – U.S. Department of Health and Human Services
• ICE – U.S. Immigration and Customs Enforcement
• ILO – International Labor Organization
• IOM – International Organization for Migration (assists with repatriation)
• IRS – Internal Revenue Service
• LEA/O – Law Enforcement Agency Endorsement (Organization)
• LEA Supp – T Visa form prepared by LEA(re: VSFT and assistance)
• LPR – Lawful Permanent Resident
• MMA – Mutual Assistance Associations
• MOU – Memorandum of Understanding
• NGO – Non-Governmental Organization
• ORR – Office of Refugee Resettlement, (HHS agency, issues benefits certification)
• OSC – Office of Special Counsel for Immigration (related Unfair Employment Practices)
• OVC – Office for Victims of Crime (DOJ, funds NGOs)
• PHAB – Parole and Humanitarian assistance Branch (ICE, issues CP)
• POST – Commission on Peace Officer Standards and Training
• SAGE – Standing Against Global Exploitation Project (San Francisco)
• SAVE – Salvatorian Advocacy for Victims of Exploitation
• SOL – Statute of Limitations
• SPBP – Significant Public Benefit Parole (temporary immigration relief issued by PHAB)
• T – T Visa (four year status; may become permanent LPR)
• TIP – Trafficking in Persons
• TPWETF – Trafficking in Persons and Worker Exploitation task force
• TVPA – Trafficking Victims Protection Act of 2000 (federal)
• TVPRA 2003 – Trafficking Victims Protection Reauthorization Act of 2003 (federal)
• TVPRA 2005 – Trafficking Victims Protection Reauthorization Act of 2005 (federal)
• TVPRA 2008 - Trafficking Victims Protection Reauthorization Act of 2005 (federal)
• U – U Visa (for victims of 23 federal, state, local crimes, four year status, no HHS benefits)
• UNODC – United Nations Office on Drugs and Crime
• URM – Unaccompanied Refugee Minors Program
• USAO – United States Attorney’s Office
• USCCB – U.S. Conference of Catholic Bishops
• USCIS – U.S. Citizen and Immigration Services (DHS)
• VAWA – Violence Against Women Act
• VOLAG – Voluntary Agency (HHS refugee assistance organizations)
• VSC – Vermont Service Center (USCIS, DHS)
• VSFT –Victim of a Severe Form of Trafficking
• WHD –Wage and Hour Division (DOL)
• WRAP – Worldwide Responsible Apparel Production

The Complex Circumstances of Women
Who Have Been Trafficked

Although interviews with women who are in a trafficking situation at the time of the interview are often the most risk-laden, interviews with women who have left a trafficking situation also pose numerous risks to women’s physical and psychological wellbeing.

Those still in a trafficking situation often:

• Feel trapped with no safe way out;
• Work in an informal, often illicit or covert sector;
• Are residing illegally in the country to which they were trafficked;
• Have limited knowledge of their rights and legal options;
• Have limited personal freedoms;
• Are mobile, transient, moved from city to city, or traded from one establishment to another;
• Are likely to have experienced physical, sexual or psychological abuse and threats of abuse against themselves or their family;
• Are susceptible to violence, fines and penalties by employers or agents;
• Do not have legal status in the country they are in
• Have had their papers taken from them and worry about deportation;
• Lie about their age, especially if they are minors
• Are trapped in situations of debt bondage or other stringent obligations that involve organized crime, corrupt government officials, or members of the police or military;
• Face ethnic, social and gender discrimination; and
• Adapt self-protective reactions or demonstrated symptoms of trauma and stress that are reflected in an impaired sense of time or space, memory loss of certain events, risk behaviors, or underestimation of risk.

Those who have left the trafficking situation often:

• Have some of the same concerns identified with the trafficking situation (above)
• Continue to feel, and may be, watched or under surveillance of traffickers or others connected to the traffickers (many trafficked women are recruited by someone living locally, often someone in their same town or village);
• Have outstanding debts or owe money to traffickers (based on traffickers’ calculations);
• May remain vulnerable to retribution against themselves and/or their families;
• Have only temporary residence status in a destination country and fear imminent deportation;
• Feel, and often are, socially stigmatized by their experience and their work, and risk rejection by family and community members if past events are revealed;
• Are vulnerable to extreme stress reactions once out of the situation and have relinquished previous psychological survival mechanisms;
• Find that talking about the experience is to relive it; and
• Believe that the services (or immigration status) depend on their compliance and therefore agree to participate in an interview, which they would otherwise decline.
• For many of these reasons, service agencies assisting trafficked women frequently decline requests (from journalists, researchers and others) to interview women in their care.

It should not be assumed, however, that all women who have been trafficked are traumatized, consider themselves victims, detest their captors, or wish to escape or go home. Many women are in equivocal circumstances in which they may have contradictory and ambivalent feelings. For example:

• It is not uncommon for women to have an intimate relationship with someone in the trafficking network, or related to the network or to feel loyalty, gratitude or at least dependence on an individual related to her “captive” situation.
• Many women do not perceive themselves as having been “trafficked” (according to the UN or other definitions) and do not want to be treated as victims. They may regard their experience as the consequence of a poor decision for which they are/were obliged to fulfill the terms of their contract. Some women may see it as only a temporary situation during which time they intend to earn enough money to pay off a debt, and support themselves or a family at home.
• Women may not perceive their work setting as abusive or slavery-like, and may not take exception to the work but rather object to the relationships that are exploitative.
• These complexities can make it hard to approach women, establish trust, get their cooperation, acquire truthful responses, and to fully comprehend their decisions and reactions.
• Adopting appropriate safety and ethical procedures benefits both the respondent and the interviewer. If approached in a sensitive and non-judgmental manner, many women benefit from having the opportunity to tell their story.
• Similarly, the greater the extent to which a woman feels she is respected and that her welfare is a priority, the more likely she is to share accurate and intimate details other experience. The factors affecting the security and wellbeing of a woman who has been trafficked are also the same factors that affect disclosure.aaReturn to top.

Ten Guiding Principles to the Ethical and Safe Conduct
of Interviews with Women Who Have Been Trafficked.

1. DO NO HARM
   Treat each woman and the situation as if the potential for harm is extreme until there is evidence to the contrary. Do not undertake any interview that will make a woman’s situation worse in the short term or longer term.
2. KNOW YOUR SUBJECT AND ASSESS THE RISKS
   Learn the risks associated with trafficking and each woman's case before undertaking an interview.
3. PREPARE REFERRAL INFORMATION - DO NOT MAKE PROMISES THAT YOU CANNOT FULFILL
   Be prepared to provide information in a woman's native language and the local language (if different) about appropriate legal, health, shelter, social support and security services, and to help with referral, if requested.
4. ADEQUATELY SELECT AND PREPARE INTERPRETERS, AND CO-WORKERS
   Weigh the risks and benefits associated with employing interpreters, co-workers or others, and develop adequate methods for screening and training.
5. ENSURE ANONYMITY AND CONFIDENTIALITY
   Protect a respondent's identity and confidentiality throughout the entire interview process – from the moment she is contacted through the time that details of her case are made public.
6. GET INFORMED CONSENT
   Make certain that each respondent clearly understands the content and purpose of the interview, the intended use of the information, her right not to answer questions, her right to terminate the interview at any time, and her right to put restrictions on how the information is used.
7. LISTEN TO AND RESPECT EACH WOMAN'S ASSESSMENT OF HER SITUATION AND RISKS TO HER SAFETY
   Recognize that each woman will have different concerns, and that the way she views her concerns may be different from how others might assess them.
8. DO NOT RE-TRAUMATIZE A WOMAN
   Do not ask questions intended to provoke an emotionally charged response. Be prepared to respond to a woman's distress and highlight her strengths.
9. BE PREPARED FOR EMERGENCY INTERVENTION
   Be prepared to respond if a woman says she is in imminent danger.
10. PUT INFORMATION COLLECTED TO GOOD USE
    Use information in a way that benefits an individual woman or that advances the development of good policies and interventions for trafficked women generally.

(WHO Ethical And Safety Recommendations For Interviewing Trafficked Women 2003 by Cathy Zimmerman and Charlotte Watts. Obtain from: Marketing and Dissemination, World Health Organization, 20 Avenue Appia, 1211 Geneva 27, Switzerland (tel: +41 22 791 2476; fax: +41 22 791 4857; email: bookorders@who.int).

Model Screening Guide to
Help Identify a Potential Victim of Human Trafficking

Background:

The questions set out below are merely guidelines to identify issues that may be addressed during an interview with a potential victim. There is no substitute for the judgment and intuition of the interviewer in determining whether an individual is a victim of trafficking. The critical concepts to be discerned are those of exploitation and loss or severe limitation of liberty.

Corroborative Materials:

In relation to all key points, ask if there are any witnesses; police or immigration reports; any documentation or travel tickets; immigration departure or landing cards; reports of any medical treatment provided in respect of injuries prior to referral; documents showing victim acting in a nominee role (i.e. Beneficial owner is really the trafficker); copies of bogus employment contracts or copies of the original advertisement; or diary entries, letters etc written by the victim.

None of the answers to any of the questions will on their own resolve the issue – they must all be considered collectively together with the indicators highlighted above.

"This list should not be used as a questionnaire for potential victims. Talking about traumatic experiences can be very difficult, and victims have little reason to trust people. People working with victims of trafficking have found that multiple interviews are often needed to establish trust with a victim and educate [him or] her about the concept of trafficking and [his or] her rights not to be controlled and compelled into prostitution or other commercial sex acts."

(This useful advice comes from Professor Donna M. Hughes in "Hiding in Plain Sight: A Practical Guide to Identifying Victims of Trafficking in the U.S." October 2003), http://www.acf.hhs.gov/trafficking/resources/plain_site.html

A. General Information:

1. Victim’s name, age, nationality, professional and educational background

B. Recruitment:

1. What is the victim’s citizenship?
2. What country was the victim last residing in?
3. How long was the victim residing in that country?
4. What was the victim’s status in that country?
5. In what countries has the victim resided and for how long?
6. How old was the victim when he/she left the country of origin?
7. Do members of the family know the victim’s whereabouts?
8. Was the victim forcibly transported to another location in his/her country of origin? If yes, how?
9. Who recruited the victim?
10. What was the purpose of the recruitment?
11. Was initial contact with recruiter voluntary or not?
12. If not, was the victim forcibly transported out of his/her country of origin? If so, how?

C. Use of force or threat of force:

If force was used in the recruitment please respond to the following questions:

1. Was the victim abducted or kidnapped?
2. Was the victim threatened with harm to his or her self or family?
3. Was the victim sold? By whom?
4. What were the circumstances of the forcible removal?
5. Who initiated the contact? How?
6. What was the method of recruitment (e.g. by advertising, acquaintance, family, tourism, study courses?

D. Employment:

If the recruitment was for employment, please answer the following questions:

1. What kind of job abroad was offered to the victim or what activities did the victim believe she/he would be engaged in following arrival at the new location?
2. How much money was promised to the victim and by whom?
3. Did the victim sign a contract? (e.g. an employment contract)
4. If so, what are the terms of the contract?
5. Does the victim know them (e.g. was the contract in a language the victim understood)?
6. Does the victim possess a copy of the contract?
7. Was the victim coerced into signing the contract? How?
8. Was anyone paid a fee for recruiting the victim for work?

E. Travel and identity documents:

1. Does the person have a passport?
2. If so, is it their own legitimate passport or is it a fraudulent passport?
3. How did they acquire this passport?
4. Was it provided to them by the trafficker?
5. What kind of visa or other document (e.g. employment authorization) was promised to the victim and by whom?
6. Was the victim promised permanent residency upon arrival in the U.S.A. or after a certain period?
7. By whom?

F. Migration:

1. In what country did the victim enter the USA?
2. Was the victim coerced into migrating? How?
3. If any travel costs were incurred before departure, who paid them?
4. Did the victim pay money in advance or agree to pay the costs or remainder of costs upon arrival?
5. Did the victim sign a loan contract? If so, does the victim have a copy?
6. Was victim smuggled into the USA or did he/she enter with their own passport and identity documents?

G. Covert / overt entry:

If entry was covert, please answer the following questions:

1. What means of transport was used?
2. Was a vehicle stopped at border?
3. Was the vehicle examined by border officials?
4. Did the victim change handlers during migration?
5. Was a fee paid for organizing the victim’s migration?
6. By whom and to whom?
7. Was the victim threatened, sexually or physically assaulted or confined during migration?

If the migration was overt, please answer the following questions:

1. What means of transportation was used?
2. Did someone else obtain the victim’s travel documents? How?
3. Was the victim escorted to the USA, Embassy or Consulate to get a visa?
4. Which documents were obtained? (obtain full description, e.g. student visa, temporary foreign worker visa, visitor visa)

Please note: officers should be aware that not all nationalities require a visa for entry to the USA, but in most cases a foreign national would require an authorization to work or study.

For questions, consult Doug Keegan, Santa Cruz County Immigration Project.
E-mail: sccip@cruzers.com or call 831-724-5667.)

1. Were false documents provided to the victims?
2. Who has the documents now (legal or false)?
3. If not in possession of the victim, why not?
4. Has the victim ever seen his/her own passport/visa?
5. Did someone else handle travel documents when entering the USA?
6. Did they fill in declaration for the victim?
7. Was the victim coached about what to say to port of entry officials?
8. By whom?
9. Was the victim questioned by officials and did the victim make any statements? (Orally or in writing)
10. Was the victim given clothing/jewelry/other items to wear for traveling?
11. Was a fee paid for organizing the victim’s migration? By whom and to whom?

H. Transit countries:

If the victim was taken to other countries prior to arriving in the U.S.A., please respond to the following questions:

1. Did the victim spend any time in transit countries?
2. Which countries, which cities and for how long in each place?
3. Was the victim placed in safe houses in transit states?
4. Was the victim sold or otherwise moved to different handlers in the transit states?
5. Was the victim threatened, physically or sexually assaulted or confined in the transit countries?
6. Was the victim forced into prostitution or forced labour in the transit countries?

I. Circumstances in the USA:

1. When did the victim arrive in the USA? (date and time of entry, place of entry)
2. What was the first address the victim was taken to?
3. Who took the victim there? How did the victim get there?
4. Did the victim know where he/she was at the time?
5. Was the victim subsequently moved? (between cities etc)
6. What happened to the victim’s passport and other identification documents after arrival?
7. Who appropriated the victim’s identity documents after arrival?
8. Was the victim threatened on the grounds that he/she no longer had travel or identity documents?
9. Did the employer/trafficker commit a crime (e.g. fraud) using the victim’s identity?

J. Working conditions (exploitation):

1. Does the victim believe that she/he is subject to some form of “debt bondage”? (Debt bondage refers to the status of a debtor arising from a pledge by the debtor for his/her services or of those of a person under his control as a security for debt)
2. Does the victim believe that she/he “owes” money to recruiters/ transporters/ exploiters?
3. Was the victim paid and at what rate?
4. Who has the possession of these earnings now?
5. How may hours a day did the victim work?
6. Was the victim allowed any time off? Allowed to rest if sick?
7. At what point did the exploitation start?

K. Restriction of liberty:

1. Was the victim unable to quit working for the employer and get a job somewhere else?
2. Was the victim’s movement restricted? How? (e.g. did the victim have a key of the house)
3. Was the victim allowed to communicate with family members? Other workers?
4. Was the victim living and working at the same place?
5. Was the victim chaperoned, guarded, incarcerated?
6. When did the victim realize that he/she was not free?

L. Living conditions:

1. What were the living conditions of the victim? (e.g. # of rooms, # of people living together)
2. Did the victim have friends?
3. Did the victim have money? Could the victim buy his/her own belongings?

M. Physical coercion:

1. Was the victim subject to physical assaults or torture? (pinching, hitting, slapping, punching, kicking, shaking, burning etc.)
2. Was the victim subject to sexual assaults? (forced sexual contact, rape, forced prostitution etc.)
3. Was the victim forcibly confined or isolated?
4. Was the victim denied essential medical care?
5. Was the victim denied food/clothes and other basic necessities including ability to maintain basic hygiene?

N. Psychological coercion:

1. Was the victim threatened with violence, harm or retaliation against victim or the victim’s family members (or friends)?
2. Were there threats to report the victim to authorities for deportation/jail?
3. Did the victim view or hear others being physically or sexually assaulted?
4. Was the victim deceived regarding the employment, activities or basic conditions of his or her migration?
5. Was the victim subject to verbal abuse, name calling, degrading remarks about victim’ ethnicity/social group?
6. Was the victim photographed and filmed while being physically or sexually assaulted, humiliated or degraded?
7. If so, did the traffickers threaten to use the images against the victim?
8. Was the victim threatened with confinement or isolation?

O. Risk Assessment:

1. Do the traffickers know the victim’s home/work address or telephone number?
2. Is the victim married?
3. Does the victim have any children?
4. Do the traffickers have any details about the victim’s family or loved ones?
5. Do the traffickers claim to know these things?

Special Note Concerning Servile Marriages

In addition to the questions above:

1. Was the victim coerced or forced into marriage? How? By whom?
2. How was the victim recruited? (e.g. Internet, marriage agency, pen pal, etc.)
3. Did the recruiter deceive the victim about his professional background? (e.g. Finances, education, etc.)
4. Did the recruiter deceive its victim about her living conditions in the USA? (e.g. food, clothing, control of money, freedom of movement, work, ability to earn money, school, religious practice, making friends, having children, household responsibilities, communicating with family, etc.)
5. Did they marry in the victim’s home country? (Marriage recognized by government)
6. Did the victim understand her legal status in USA? Did the victim have access to her legal documents?
7. Did the recruiter make the appropriate applications for legal status on her behalf?
8. Did the recruiter threaten the victim with deportation if she went to the authorities?
9. Did the recruiter extract any type of labor from the victim in the USA?
10. Did the victim discover that the recruiter was already married?
11. Did the recruiter sexually or physically assault the victim or threaten the victim with harm to herself or her family?

Adapted from: Faster, Higher, Stronger: Preventing Human Trafficking at the 2010 Olympics, pgs. 18-22 © The Future Group, 2007. Available through: The Future Group, P.O. Box 61284 RPO, Brentwood, Calgary, Alberta, T2L 2K6, Canada Website: http://www.thefuturegroup.orgaaaaReturn to top.

Case Management: A Suggested Structure

Case management of a trafficking survivor is highly intensive during the first few weeks and may continue with less intensity for 15 months to two years.

The average time frame for case management is 2 years. The first six months is very intensive, as accompaniment is a major component of the case manager’s job. Workload will taper off after these initial six months. Common tasks and responsibilities during the three main case management phases include: (Flow Charts will be inserted here.)

Sample Intake Form

All information provided in this form will be kept confidential.

Date of U.S. Entry:

Location of Entry:

Immigration Status When Entered: [ ] Visa_______ Expiration Date of Visa: _______

[ ] Entered Without Visa aaaa[ ] Other:__________________________________

Type of Employment, if any:

Intake Date: _________________________

Referred by: _________________________

Intake Staff: _________________________

Staff Assigned: _________________________

Date Servitude Began: _________________________

Date Servitude Ended: _________________________

Recruited to come to U.S.? Yes [ ] No [ ]

Need more info [ ]

Fee for transportation to U.S./within U.S.? Yes [ ] No [ ]

Need more info [ ]

Restriction of movement? Yes [ ] No [ ]

Need more info [ ]

Physical/emotional abuse? Yes [ ] No [ ]

Need more info [ ]

Agreed payment: $______________

Actual payment/debt incurred: $______________/$______________

Agreed conditions of work/stay: Yes [ ] No [ ]

Need more info [ ]

Actual conditions different? Yes [ ] No [ ]

Need more info [ ]

Passport/visa withheld? Yes [ ] No [ ]

Need more info [ ]

Want to remain in U.S.? Yes [ ] No [ ]

Need more info [ ]

Any current threats/fears? Yes [ ] No [ ]

Need more info [ ]

Current social service needs? Yes [ ] No [ ]

Need more info [ ]

Additional Notes:

Referrals:

Resources:

SAM's GUIDE (Monterey County):

Head Start Guide (Mary Ondreyco has the reference.)

Hotlines and Numbers to Call:

For suspected cases of human trafficking call 1-888-3737-888 (More)

DOJ Human Trafficking Complaint Line
1-888-428-7581

Acknowledgements:

This protocol is based on the protocol of the Sacramento Rescue and Restore Coalition, the South Bay Coalition and the Human Trafficking in California Final Report of October 2007. We are grateful for their permission to utilize their groundwork in developing this document.

Maurine Huong, Nalini Shekar and Amy Molica, former directors of the South Bay Coalition and Sergeant John Vanek, grant director for the federal grant on human trafficking for the San Jose Police Department played key roles in creating the original protocols.

The members of the CA-CCC-SHT assisted in finalizing this document. It is hoped that it will make a difference in the lives of trafficked survivors.

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