Labor Trafficking Protocol Guidelines
LABORTRAFFICKINGPROTOCOLGUIDELINESIdentifying and Responding toVictims of Labor Trafficking24 Years Old and Under
ACKNOWLEDGMENTSThis report was made possible by support from grant number 2016-MU-MU-K153, awarded by the Office for Victimsof Crime, Office of Justice Programs, U.S. Department of Justice, and the Minnesota Department of Health. Theopinions, findings, and conclusions or recommendations expressed in this content are those of the contributors anddo not necessarily represent the official position or policies of the U.S. Department of Justice.Staff members on this project included Theresa Dykoschak, Madeline Lohman, and Jennifer Prestholdt.We are grateful for the generous research support of our colleagues, volunteers, and interns. Nonetheless, as theauthor, The Advocates for Human Rights is solely responsible for the content of the report.2 Labor Trafficking Protocol Guidelines
CON T E N T SSECTION 1: BACKGROUND7Introduction 8Methodology9Working with Tribal Nations 10Findings 10Definitions and Dynamics of Labor Trafficking 1314 15161617SECTION 2: UNIVERSAL PROTOCOL19Underlying Values for Working with Victims of Labor Trafficking 20Prevention 22Prevention Tactics Collaborative Responses To Labor Trafficking 2325System Response Actions 26Involving Trusted Community-Based Organizations 27Creating Multi-Disciplinary Teams 27Identification 29Laying a Foundation 29Conducting Assessments: Selecting Tools 30Conducting Assessments: Best Practices 33Determining Next Steps 34Protecting and Supporting Victims 35Confidentiality 35Culturally-Appropriate Practices 37Accessibility 37The Advocates for Human Rights 3
Victim Advocacy: Working with Community-Based Advocates 37Safety Plans 38Housing 39Transportation 41Legal Needs 41Physical Health 42Mental Health and Counseling 42Education 43Employment 43Working with Victims under the Age of 18 44Working with Vulnerable Adults 46Working with Foreign-Born Victims 48Immigration Enforcement 48Potential Forms of Immigration Relief for Labor Trafficking Victims 49Foreign National Eligibility for Benefits 50Language Access 51Offender Accountability 53Criminal Accountability 53Civil and Administrative Remedies 55Civil Lawsuits 56Criminal and Civil Collaboration 57Working with Federal Agencies SECTION 3: PROTOCOL IMPLEMENTATION WORKSHEET 5861Identify Resources to Meet Victim Needs 62Victim Service Organization 64Identify Law Enforcement Agencies to Hold Offenders Accountable 65Checklist for Working with Labor Trafficking Victims 66SECTION 4: SECTOR-SPECIFIC PROTOCOLS Law EnforcementInternal Structure 4 Labor Trafficking Protocol Guidelines676868
Generating Leads 69Interactions with Immigration Enforcement 69Conducting the Investigation 70Prosecutors 72Victim Considerations 72Training and Specialization 73Safety Concerns and Trafficking Charges 74Evidentiary Issues and Victim Testimony 75Restitution 76Health Care77Initial Response 78Components of a Labor Trafficking Protocol in Health Care Settings 78Victim Advocates 81828283Housing 84Legal Services 86Types of Legal Assistance 86Lack of Identification and Need for Training 87Preparing to Work with Victims of Labor Trafficking 87Screening Questions/Questions to Add to Intake 88Comprehensive Client Care 89Child Welfare System90Labor Trafficking and Existing Child Welfare Responses 91Building a Comprehensive Child Protection Response to Labor Trafficking92Foreign-born Minor Victims 93SECTION 5: RECOMMENDATIONS95State Legislature 96Government Agencies 97Private Funders 98The Advocates for Human Rights 5
SECTION 6: APPENDICES 99Appendix A - Laws 100Appendix B - Certifying Agencies for Immigration Benefits 102Appendix C - Labor Trafficking Service Providers 103Appendix D - Resource List 106Appendix E - Survey on Trafficking Referrals 1106 Labor Trafficking Protocol Guidelines
SECTION 1:BACKGROUNDEssential Knowledge forUnderstanding theLabor TraffickingProtocol GuidelinesThe Advocates for Human Rights 7
I N T ROD UCTI ONTHE PROTOCOLGUIDELINES PROVIDEA ROADMAP FORSTATE AND LOCALGOVERNMENTS,SERVICE PROVIDERS,COMMUNITYORGANIZATIONS ANDOTHERS TO PREVENTLABOR TRAFFICKING,PROTECT ANDSUPPORT VICTIMS,AND HOLDTRAFFICKERSACCOUNTABLE.Labor trafficking is a serious crime and a public health issue thatinflicts lasting physical, psychological, emotional, and financialharm on its victims. Labor trafficking also harms society asa whole, from businesses facing unfair competition to localcommunities bearing the costs of recovery from the trafficker’sactions. Youth especially are at high risk of labor traffickingand deserve special protections from society because of theirvulnerability to abuse and limited ability to meet their own basicneeds.Victims of labor trafficking rarely come forward on their ownbecause they fear retaliation by their trafficker and because theydo not know that they are victims of a crime. Thus, individualsacross Minnesota need to be able to recognize the signs of labortrafficking and know how to respond. Minnesotans also need towork together and develop relationships between governmentaland non-governmental agencies and organizations in a widerange of sectors, as recovery requires substantial resources anda victim’s needs cannot be met by one organization alone.Minnesota has an obligation and an opportunity to take actionagainst labor trafficking. Anyone – from individuals interestedin learning more about how they can help, to professionalsexperienced in working with trafficking victims – can and shoulduse these protocol guidelines. These protocol guidelines providecomprehensive information on the diverse needs of labortrafficking victims and different forms of relief available to them.The protocol guidelines also provide a roadmap for state andlocal governments, service providers, community organizationsand others to prevent labor trafficking, protect and supportvictims, and hold traffickers accountable.Section 1: Background provides key information for individualsand organizations wanting to understand the definitions of labortrafficking and how it occurs.8 Labor Trafficking Protocol Guidelines
Section 2: Universal Protocol contains information that should be reviewed by anyone who may interact with victimsof labor trafficking or who would like to learn more about the multiple components to a comprehensive response tolabor trafficking, centered on protecting victims.To respond effectively, all sectors must be actively involved, and communities must understand who they shouldcontact if they suspect labor trafficking. The Universal Protocol provides an overview of which organizations andagencies may need to be involved in a response, as well as guidance on prevention, identification, confidentiality, andspecial considerations for victims who are minors, foreign nationals, or vulnerable adults.Minnesota’s unique context may place a greater burden on organizations and agencies to implement the protocolguidelines. Many government services are decentralized, with elected county and city officials exerting substantialcontrol over agency policies and practices and affecting the conduct of law enforcement, child protection, adultprotection, social welfare services, education, and other sectors. This allows policies to be responsive to localconditions, but also requires organizations and agencies implementing the protocol guidelines to investigate who isbest placed to serve labor trafficking victims at the local level and the process their community will follow. Section 3:Protocol Implementation Worksheet provides an easy-to-use tool to help communities plan their response to labortrafficking.As part of the development of these protocol guidelines, there were several types of organizations and agencies thatwere identified as regularly interacting with – or having the potential to regularly interact with – victims of labortrafficking. Section 4: Sector-Specific Protocols includes detailed guidelines and best practices for these sectors.These chapters are designed to be used in conjunction with the Universal Protocol Section. The Sector-SpecificProtocols do not include chapters for every sector that may interact with trafficking victims; all sectors should refer tothe Universal Protocol for guidance.Section 5: Recommendations includes suggested changes in law and practice for policymakers, government agencies,and funders to improve Minnesota’s response to youth victims of labor trafficking.Section 6: Appendices provides a detailed list of federal and state statutes related to labor trafficking, a directory ofMinnesota labor trafficking service providers, a list of key resources, materials for trafficking victims, and a sample ofthe survey that was developed to research existing services for labor trafficking victims.The Advocates and the Minnesota Department of Health provide training and technical assistance on implementingthe protocol guidelines. Please contact The Advocates for Human Rights at (612) 341-3302 for more information.M E TH O D O LOGYThe Advocates developed the following protocol guidelines for the Minnesota Department of Health by applying ahuman rights monitoring methodology to the issue of labor trafficking of youth. The methodology combinedqualitative research strategies, including interviews and data collection through survey instruments, with researchand analysis of current literature, policies, and laws.For the purposes of these protocol guidelines, “youth” is defined as people who are 24 years old or younger. Victimsunder age 18 who face special considerations under law are referred to by age or as minors.The Advocates began in January 2017 by collecting preliminary data to identify organizations and agencies that werealready serving youth victims of sex and labor trafficking in Minnesota. The Advocates developed an online surveythat was widely disseminated to: state and federal agencies; listservs for the Minnesota Human Trafficking Task Force,Minnesota Sex/Labor Trafficking Prevention Network, Sexual Violence Prevention Network, and Minnesota Coalitionfor Battered Women DV Law Committee; and other stakeholders who could contribute to developing an effectiveresponse for labor trafficked youth. The survey questions are included in Appendix D. The Advocates received 365survey responses from diverse stakeholders throughout Minnesota. The survey responses also identified individualsto interview in the next phase of research and protocol development.In-person interviews were conducted from April to November 2017 to determine available services, barriers toThe Advocates for Human Rights 9
identification and accessing services, and shared goals for an effective response to youth victims of labor trafficking.The Advocates developed stakeholder interview questions tailored to specific sectors that may come into contactwith labor-trafficked children and youth. The Advocates identified geographic outreach priorities based on the surveyresults and the Safe Harbor network of services for sex-trafficked youth, and interviewed stakeholders from thenorthwest, northeast, southwest, southeast, central and west Metro and east Metro Safe Harbor regions (see map onpage 11). The Advocates conducted a total of 93 interviews throughout the state with prosecutors, child protectionand adult protection workers, health care providers, police and other law enforcement officers, victim advocates,housing providers, legal service providers, worker organizations, public health officials, school administrators, socialworkers, and others who work with youth.Based on the information obtained through the surveys and interviews, The Advocates created preliminary draftprotocol guidelines to circulate to stakeholder groups convened by discipline and industry. Individual subject matterexperts also reviewed the draft protocol guidelines to provide input. The Advocates made revisions based on gapsidentified and areas where further clarification was needed.WO RKI N G WITH TRI BAL NATI O N SIn Minnesota, there are seven Anishinaabe (Chippewa/Ojibwe) reservations and four Dakota (Sioux) communities. Inaddition, thousands of Native Americans live in Minnesota’s urban communities, including Bemidji, Duluth,Minneapolis, and Saint Paul. While The Advocates interviewed some Native American service providers, theseprotocol guidelines focuses on non-tribal agencies and organizations. Some of its recommendations may, however, beuseful to tribes developing their own response to human trafficking. Local governments, service providers, and otherswho work with Native American victims should collaborate with the 11 tribal nations and their service providers,including law enforcement, to create a joint response to human trafficking. Tribal nations report that they haveunique, culturally-sensitive, and trauma-informed responses to human trafficking based on their legal status, existingservices, and other factors. Government agencies and nongovernmental organizations should consult with each tribalnation on the best way to identify and respond to human trafficking involving Native American victims or occurring ontribal lands.FI N D I N G SInterviews with government officials, service providers, and community members revealed that currently, Minnesotadoes not have a well-developed response to the labor trafficking of youth, but that existing systems and policiesprovide a strong foundation for building an effective response.1Most importantly, there is a widespread lack of awareness and misunderstanding of labor trafficking among alldisciplines that work with youth throughout the state. As a result, very few instances of labor trafficking have beenidentified. At the time the interviews were conducted, few individuals had received training on labor trafficking,and few organizations screened for labor trafficking. Most of those interviewed stated a desire for training and awillingness to include labor trafficking in existing screening processes.In addition to a lack of training and awareness, interviewees described a lack of resources to serve labor-traffickedyouth. Throughout Minnesota, transportation is difficult for those who cannot afford their own car, and there is ashortage of housing. The lack of secure housing is particularly acute, especially for men and boys. Even when servicesare available, the providers may not be trained or experienced in working with victims of severe trauma. Intervieweesalso reported a lack of culturally-specific services and services for youth with multiple needs, such as traffickingvictimization and chemical dependency.1 For additional analysis of Minnesota’s response to labor trafficking and labor exploitation, see “Asking the Right Questions: A Human RightsApproach to Ending Trafficking and Exploitation in the Workplace,” Minneapolis, MN: The Advocates for Human Rights, 2016. Also available ds/asking the right questions 2.pdf.10 Labor Trafficking Protocol Guidelines
SAFE HARBOR REGIONS FOR SEX TRAFFICKING SERVICESKittsonSARoseauLake ofthe WoodsMarshallClearwaterRed LakePolkNORTHWESTBeckerPROGRAM SUPPORT WICrisis Line: 1-8EAST METKanabecCENTRALMille ln stoneSOUTHWESTChisago burne edicineMETROScott DakotaSibleyLyonLeGoodhueRedwoodNicolletSeuer RiceWabashaBrownMurray Cotton- Waton- BlueOlmstedWinonaWoodEarthwanRock NoblesREGNORTHEAAitkinToddCookSafe Harbinformedare respofor their cHotline atNORTHEASTWEST CENTRALDouglasLakeCassWadenaOtter TailSt. LouisItascaHubbardMahnNorman OUTHEASTMartin Faribault Freeborn MowerFillmoreHoustonMIDWEST CHSt. Paul 651-2WEST METHE LINK MiCENTRALLUTHERAN SWEST CENSOMEPLACESOUTHWESOUTHWESTSOUTHEADODGE, FILL507-289-0636For a full list oon opposite sThe Advocates for Human Rights 11
Foreign-born youth, who are at high risk for labor trafficking, face additional barriers to reporting or leaving traffickingsituations because of immigration status, language barriers, unfamiliarity with the U.S. legal system, and fear ofauthorities. Specialized services for foreign-born victims, including legal assistance and culturally-specific care, aredifficult to find. Foreign-born youth also face confusing restrictions on their eligibility for public assistance, includingmedical care, which complicate service providers’ ability to meet their needs. Many interviewees lack understandingof the various immigration system actors and risk exposing victims to detention and deportation by involvingimmigration enforcement in their efforts to assist victims.The foundation exists to improve this response. Minnesota has developed a comprehensive response to sextrafficking through the Safe Harbor network of regional navigators, housing providers, and supportive services.Interviewees reported that they were ready to add screening for labor trafficking, and many could draw on theirexperience working with sex trafficking. Most jurisdictions have existing interagency collaborations. In addition, thestate legislature has demonstrated a willingness to help trafficking victims with legal changes, expanded services, andincreased funding. The number of people trained on labor trafficking has already increased since the interviews wereconducted, and a number of new cases have been identified.Interviews statewide revealed enormous opportunity to improve Minnesota’s response to youth victims of labortrafficking. Currently, labor trafficking is not widely understood, identified, or addressed, but interviewees repeatedlyexpressed a desire to learn more and respond to it.12 Labor Trafficking Protocol Guidelines
D E F I N I T I O NS A ND DY NA M I CSO F L AB O R TRA FFI CK I NGTRAFFICKING IN FEDERAL AND STATE LAWThe federal Trafficking Victims Protection Act (TVPA) and Minnesota law define labortrafficking as follows:Federal Labor Trafficking DefinitionA severe form of labor trafficking involves “the recruitment, harboring, transportation,provision, or obtaining of another for labor or services through the use of force, fraud, orcoercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, orslavery.”2Minnesota Labor Trafficking Definition(1) The recruitment, transportation, transfer, harboring, enticement, provision, obtaining, orreceipt of a person by any means, for the purpose of:(i) debt bondage or forced labor or services;(ii) slavery or practices similar to slavery; or(iii) the removal of organs through the use of coercion or intimidation; or(2) receiving profit or anything of value, knowing or having reason to know it is derived froman act described in clause (1).32 Trafficking Victims Protection Act, 22 U.S. Code § 7102(9)(B). The definition of “Severe forms of trafficking inpersons” also includes sex trafficking. See Appendix A for a complete list of statutes.3 Definitions, Minn. Stat. § 609.281 (2017).The Advocates for Human Rights 13
Federal and state laws both impose criminal sanctions against perpetrators of human trafficking and those who usedocuments to further a human trafficking scheme.4 Federal laws against labor trafficking derive from the ThirteenthAmendment to the U.S. Constitution prohibiting “slavery or involuntary servitude.”5 Congress originally createdcriminal offenses like peonage, enticement into slavery, sale into involuntary servitude, and other crimes to give forceto the Amendment.6 The TVPA, passed in 2000, created new criminal statutes7 to penalize forms of human trafficking,including: forced labor;8 trafficking with respect to peonage, slavery, involuntary servitude, and forced labor;9 and sextrafficking.10 These new statutes supplement, rather than replace, the existing criminal prohibitions.11Minneso
Minnesota labor trafficking service providers, a list of key resources, materials for trafficking victims, and a sample of the survey that was developed to research existing services for labor trafficking victims. The Advocates and the Minnesota Department of Health provide training and technical assistance on implementing the protocol guidelines.
Test Your Knowledge About Trafficking Running Time: 1 hour Materials: Flipchart and flipchart stand/chalkboard, markers/chalk; Handout A: Trafficking Awareness Survey; Handout B: Trafficking Awareness Answers Target Audience: can be used for aware ness-raising with various audiences/ participants v The “Test Your Knowledge About Trafficking” session can be used to introduce a
The Anti-Trafficking Review (ISSN 2286-7511) is published by the Global Alliance Against Traffic in Women (GAATW), a network of over 80 NGOs worldwide focused on advancing the human rights of migrants and trafficked persons. The Anti-Trafficking Review promotes a human rights-based approach to anti-trafficking. It explores trafficking in its .
Human Trafficking 101: The Basics of Human Trafficking Campus Safety and Violence Prevention Forum March 10‐11, 2020 Human trafficking can affect all socioeconomic statuses, genders, races, and ethnicities. What Is Human Trafficking?
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CHILD LABOR TRAFFICKING MINI-DESK GUIDE PAGE 4 LEGAL CHILD LABOR As defined by Federal and State Employment Law. Typically must be a minimum of 14 years of age and are required to have a permit to work. Varies by state and industry.5,6 CHILD LABOR Minors under the legal working age are engaging in il
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trafficking, on the other hand, may be hidden in plain sight. Workers might, for example, be forced or coerced into working in a private home, or in an otherwise lawful business. Other barriers also make it difficult to identify labor trafficking cases: The lack of an aggressive state response. No state
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