reduce abuses in the H-2 visa program in federal court (Bayou
and the T-visa program (Busch-Armendariz, 2012; Busch-
Lawn & Landscape Services et al. v. Hilda Solis et al., 2012).
Armendariz et al., 2011).8 However, these avenues have not always
Until substantial changes are made in a number of the visa pro-
been used. According to Farrell et al. (2012), “Findings from our
grams, especially those that give employers unfettered discretion
research suggest that this is more complicated in practice and
over the legal status, safety, and well-being of foreign workers,
does not always happen” (p. 167); one respondent reported
persons coming to the United States to work will be at elevated
instances of potential trafficking victims being “deported admin-
risk for human trafficking.
istratively” because “we don’t have the resources to deal with every illegal alien case” (Farrell et al., 2012, p. 167).
Report of the Task Force on Trafficking of Women and Girls
Protection According to the Colorado Project to Comprehensively Combat Human Trafficking website (Laboratory to Combat Human Trafficking, n.d.):
Given that protection is specifically enumerated in the federal TVPA and in state anti-trafficking laws, psychologists need a general understanding of how human trafficking laws can potentially impact their ability to provide services to clients, to refer clients to certain types of programs, and to pursue (or not) legal remedies. Much of the responsibility for meeting needs
Protection measures ensure that human trafficking victims
and protecting survivors of trafficking is shouldered by a host of
are provided access to health care, counseling, legal and
NGOs. Some NGOs focus on specific populations (e.g., domestic
shelter services in ways that are not prejudicial against vic-
minors), whereas others address human trafficking more globally.
tims’ rights, dignity, or psychological well-being. Protection
In addition, many agencies (e.g., domestic violence agencies,
also means creating an environment (social, political and
child advocacy centers, homeless shelters, refugee resettlement
legal) that fosters the protection of victims of trafficking.
agencies, pregnancy centers) serving other populations may
Numerous studies identify a similar range of needs (Aron, Zweig,
serve human trafficking survivors as well.
& Newmark, 2006; Clawson et al., 2009; Jones & Yousefzadeh,
Challenges to meeting survivors’ needs include (a) lack of sufficient
2006; Macy & Johns, 2011) and highlight the importance of meet-
training to identify human trafficking when encountered, (b) inad-
ing changing needs over time.
equate resources (e.g., trained staff, funding) to meet client needs
The post-trafficking needs of trafficking survivors vary depending on their specific circumstances (e.g., whether they are adults or minors; whether it is safe for them to return home; whether they speak English; whether they are U.S. citizens, lawful permanent residents, lawful temporary migrants, or undocumented immigrants). Each individual’s circumstances—prior to, during, and following the trafficking—are different, and the survivor should be consulted to determine what she perceives to be her most pressing needs. There may be needs for housing, employment, psychological services, foster placement, medical care, legal assistance, interpreters, family reunification, or case management (Clawson & Dutch, 2008). Funds may be needed for removal of tattoos or brands that the trafficker used to mark the individual as property. Additional needs arise if the trafficking survivor has children (Busch-Armendariz et al., 2011).
or constraints on available resources, (c) little communication and planning between agencies, and (d) a shortage of resources to evaluate the effectiveness of service provision. There are also challenges in working with law enforcement agencies (Caliber, 2007; Jones & Yousefzadeh, 2006; Kara, 2007). Farrell et al. (2012) found that law enforcement officers may be reluctant to expend significant resources in investigating potential trafficking cases if stable community resources are not available for the survivor. Without adequate and appropriate services, survivors may be vulnerable to retrafficking or may view returning to the trafficking situation as their only option. Brunovskis and Surtees (2007) reported that for a variety of reasons, including previous negative experiences with assistance, survivors may not always avail themselves of services offered. Additional challenges identified in the Caliber (2007) study were some survivors’ unwillingness to work with law enforcement and concerns about confidentiality. The lack of research that
Because undocumented immigrants would not normally be
informs effective training and clinical interventions contributes to
eligible to remain in the United States, to find employment, or to
these challenges. Psychological expertise in developing training for
access many services needed by survivors, the TVPA and TVPRA
professionals providing services is greatly needed.
provide some immigration relief through continued presence 50
