Protection

Report of the Task Force on Trafficking of Women and Girls

reduce abuses in the H-2 visa program in federal court (Bayou Lawn & Landscape Services et al. v. Hilda Solis et al., 2012). Until substantial changes are made in a number of the visa programs, especially those that give employers unfettered discretion over the legal status, safety, and well-being of foreign workers, persons coming to the United States to work will be at elevated risk for human trafficking.

According to the Colorado Project to Comprehensively Combat Human Trafficking website (Laboratory to Combat Human Trafficking, n.d.):

Protection measures ensure that human trafficking victims are provided access to health care, counseling, legal and shelter services in ways that are not prejudicial against victims’ rights, dignity, or psychological well-being. Protection also means creating an environment (social, political and legal) that fosters the protection of victims of trafficking.

Numerous studies identify a similar range of needs (Aron, Zweig, & Newmark, 2006; Clawson et al., 2009; Jones & Yousefzadeh, 2006; Macy & Johns, 2011) and highlight the importance of meeting changing needs over time.

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).

Because undocumented immigrants would not normally be eligible to remain in the United States, to find employment, or to access many services needed by survivors, the TVPA and TVPRA provide some immigration relief through continued presence and the T-visa program (Busch-Armendariz, 2012; BuschArmendariz et al., 2011).8 However, these avenues have not always been used. According to Farrell et al. (2012), “Findings from our research suggest that this is more complicated in practice and does not always happen” (p. 167); one respondent reported instances of potential trafficking victims being “deported administratively” because “we don’t have the resources to deal with every illegal alien case” (Farrell et al., 2012, p. 167).

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 and protecting survivors of trafficking is shouldered by a host of NGOs. Some NGOs focus on specific populations (e.g., domestic minors), whereas others address human trafficking more globally. In addition, many agencies (e.g., domestic violence agencies, child advocacy centers, homeless shelters, refugee resettlement agencies, pregnancy centers) serving other populations may serve human trafficking survivors as well.

Challenges to meeting survivors’ needs include (a) lack of sufficient training to identify human trafficking when encountered, (b) inadequate resources (e.g., trained staff, funding) to meet client needs 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 informs effective training and clinical interventions contributes to these challenges. Psychological expertise in developing training for professionals providing services is greatly needed.