ADI 2010
Argumentation Lab
1AC 2-11
DEPORTATION
HUMAN RIGHTS
12
13
WOMYN/CHILDREN 15-16
RAPE 17-19
AGENCY
SLAVERY
20-21
22-23
ORGANIZED CRIME 24
SEVERE BAD 25
CO-OP BAD
08 TVPA
26-29
30
FEDERAL 31
SOCIAL SERVICES 32
SOLVENCY
A/T FLOOD
A/T POLITICS
A/T FUNDING
37
38
39-40
41
DELAY BAD 42-43
A/T PROSECUTION 44
A/T CAP BAD 45-46
NEG
Must focus on prosecution 47-49
Solvency cards
Econ links
50-
51
52 Other
Trafficking 1AC
1
Trafficking Aff

ADI 2010
Argumentation Lab
2
Trafficking Aff
Observation 1 Inherency
THERE HAVE BEEN FEW T VISAS REQUEST IN THE STATUS QUO BECAUSE OF THE FLAWS IN
THE T.V.P.A.
LOPICCOLO 9 (Julie Marie, J.D. Candidate 2010, Whittier Law School; B.A. in History, San Diego State University, 2005NOTE AND
COMMENT: WHERE ARE THE VICTIMS? THE NEW TRAFFICKING VICTIMS PROTECTION ACT'S TRIUMPHS AND FAILURES IN
IDENTIFYING AND PROTECTING VICTIMS OF HUMAN TRAFFICKING, Whittier Law Review, 30 Whittier L. Rev. 851, Summer, L/N bjn
Another issue that critics have with the TVPA involves the actual results that the TVPA has produced in reducing trafficking according to the
DOJ reports.
As discussed above there are only a small number of T-visas awarded to victims enabling them to stay in the
United States and away from the desperate situation that made them vulnerable to trafficking in their own countries.
n170 The reason for this is , in part, because the TVPA [*874] allows only victims of severe trafficking to be eligible for aid.
n171 This means that there must be force, fraud, coercion, or the victim must be a minor and a victim of severe sex trafficking in order to meet the eligibility requirements . n172 Force, fraud, or coercion may be difficult to prove in some situations because the victim has the burden of proof . n173 The requirement of force, fraud, or coercion also seems to leave out those victims who voluntarily worked with traffickers in order to escape desolate situations in their home countries. Although such victims may not have had any other means of emigrating, where does the TVPA draw the line between those who are sold into the human slave trade and those who are attempting to make a better life for themselves?
TVPA TREATS THE TRAFFICKED PEOPLE LIKE CRIMINALS
LOPICCOLO 9 (Julie Marie, J.D. Candidate 2010, Whittier Law School; B.A. in History, San Diego State University, 2005NOTE AND
COMMENT: WHERE ARE THE VICTIMS? THE NEW TRAFFICKING VICTIMS PROTECTION ACT'S TRIUMPHS AND FAILURES IN
IDENTIFYING AND PROTECTING VICTIMS OF HUMAN TRAFFICKING, Whittier Law Review, 30 Whittier L. Rev. 851, Summer, L/N bjn
The William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (TVPA 2008) was signed into law on December 23, 2008 . n189 This section will discuss the link, or lack thereof, between the criticism discussed above and the changes made to the TVPA through this resolution. The drafters seem to have realized the need for substantive change to the TVPA and in some cases have achieved it though this legislation. But some significant problems have remained untouched and will continue to have an impact on efforts to eradicate human trafficking in the United States and throughout the world. Other new provisions have problems of their own, and even though they seemingly add to the benefits and protection of victims, many are too restrictive to be applied by a wide variety of victims.
Most problematic is the fact that this bill still, in many ways , treats victims of human trafficking as criminals and many of the semantic issues pointed out above have not been remedied. The [*877] requirements of force, fraud, or coercion are still present in the law, as well as the discrepancy that allows this law to be used to prosecute prostitutes . Provisions to make certification easier have been added, but adult victims still have to cooperate with the government in order to receive aid .
Finally, the purpose of the Act remains criminal-centric and the number of agencies involved in the effectuation of the law and the tasks assigned to them remain too numerous and complicated to be effective.
Plan
The USFG will expand eligibility requirements for T visas by removing the “severe” requirement and the
“mandatory” law enforcement requirement.

ADI 2010
Argumentation Lab
Advantage 1: WE MUST DECREASE TRAFFICKING
TRAFFICKING HAS A FEW DIFFERENT EFFECTS ON TRAFFICKED PEOPLE
ST
HUMAN TRAFFICKING IS A APPALLING HUMAN RIGHTS VIOLATION
LOPICCOLO 9 (Julie Marie, J.D. Candidate 2010, Whittier Law School; B.A. in History, San Diego State University, 2005NOTE AN
D COMMENT: WHERE ARE THE VICTIMS? THE NEW TRAFFICKING VICTIMS PROTECTION ACT'S TRIUMPHS AND FAILURES
IN IDENTIFYING AND PROTECTING VICTIMS OF HUMAN TRAFFICKING, Whittier Law Review, 30 Whittier L. Rev. 851, Summer,
L/N bjn)
Human trafficking is undoubtedly one of the most appalling human rights violations ; one that demands attention by lawmakers. Although these violations have not gone unanswered, the effectiveness of the solutions continues to be questionable . The laws in the United States to prevent trafficking have undergone many changes in the last eight years and were codified into the Trafficking Victims Protection Act (TVPA) in 2000 with the purpose of combating trafficking, punishing traffickers, and protecting victims. n1 The TVPA was reauthorized in 2006 with no changes to its stated purpose .
n2 This highlights the fact that the victims of trafficking and their needs have seemingly been ignored . These laws have also been criticized for putting victims last, equating trafficking with other political agendas, such as prostitution and border control, and for being ineffective.
John, Assistant Secretary of State for HR, Federal News Service, ln)
I would like to start my testimony, Mr. Chairman, which I will summarize -- obviously, you have an extended statement, and I do apologize for the fact that it arrived perhaps later than it should have -- I'd like to start by offering some brief observations about what it means to advocate human rights and democracy in the post-Cold- War world, which is where we are today, of course. We are confronted by extraordinary changes all around us that are at once profoundly inspiring and deeply disturbing. Alongside a worldwide movement for human rights and democratization, which I think has transformed in many ways the political shape of the globe, we see stirrings of deep cultural and ethnic tensions. The principle of self-determination is being pursued and yet is itself a source of very deep human rights questions. These are not academic questions.
in Bosnia, Central Asia, Africa, most vividly, perhaps, right now in
Rwanda, in the Sudan, but elsewhere, too, away from the cameras.
an adequate response
to these problems.
, then, if they are so daunting,
and promoting democracy
? I think the answer lies not only in our American values but in also the strategic benefits to the United States. We know from historical experience that democracies are more likely than other forms of government to respect human rights, to settle conflict peacefully, to observe international law and honor agreements, to go to war with great reluctance, and rarely against other democracies, to respect the rights of ethnic, racial and religious minorities living within their borders, and to provide the social and political basis for free market economics. By contrast, Mr. Chairman,
.
.
What are our strategic objectives? In a word, Mr. Chairman,
, perhaps not yet successfully,
3
Trafficking Aff

ADI 2010
Argumentation Lab
4
Trafficking Aff
(Dina Francesca, ARTICLE: (NOT) FOUND
CHAINED TO A BED IN A BROTHEL: CONCEPTUAL, LEGAL, AND PROCEDURAL FAILURES TO FULFILL THE PROMISE OF THE
TRAFFICKING VICTIMS PROTECTION ACT,” Georgetown Immigration Law Journal, Spring 2007, Lexis, mrw)
It is certainly true that foreign women, and in particular women from the southern and eastern hemispheres, are at present most often the victims of trafficking around the world.
There are a multitude of possible reasons that could account for this .
These women are seeking to migrate to improve their economic situations and secure jobs elsewhere; they are the ripest targets for exploitation because of their economic vulnerability. These women are particularly sought after by traffickers who perceive them as more easily taken advantage of at the point of origin because of their economic need and at the point of destination because they cannot speak a language in the new country . They do not have access to or understand the legal or social mechanisms available to them, and are also, for those reasons, presumed by their traffickers to be more compliant and less likely to flee. These women are sought after by potential users of their forced and exploited labor, who view them as more submissive and compliant because of their lack of understanding of their rights and their economic and immigration status vulnerability.
Haynes, Immigration Law Professor at New England Law, 04.
(Dina Francesca, “Used, Abused, Arrested and Deported:
Extending Immigration Benefits to Protect the Victims of Trafficking and to Secure the Prosecution of Traffickers,” Human Rights Quarterly Vol
26: 2 May 2004, p. 270, http://www.jstor.org/stable/20069727 mrw)
It is highly unlikely that many women would willingly put themselves into the flow of trafficking if they have knowledge of the potential consequences.
(Janie A. Chuang,12/8/2009 Washington College of Law
As Jeffreys explains,
26
.
27
As victims of male patriarchy, women prostitutes should not be penalized themselves, but pimps, brothel owners and managers, clients, and any third parties who assist women to travel and work in the sex industry should be prosecuted for rape and/or trafficking.

ADI 2010
Argumentation Lab
5
Trafficking Aff
SCENARIO 3 DEPORTATIONS IS WORSE BECAUSE THEY ARE EXCLUDED FROM
SOCIETY AND WILL BE RE-TRAFFICKED
THE STANDARDS FOR T-VISAS EXCLUDE MANY PEOPLE WHO ARE THEN DEPORTED
Harvard Law Review, 06 (“Remedying the Injustices of Human Trafficking through Tort Law,”
Harvard Law Review , Vol. 119, No.
8 (Jun., 2006) p.2581-2582 http://www.jstor.org/stable/4093518 mrw)
Stringent Requirements for Receiving Benefits. -As a thresh-old matter, to be eligible for T visas and the provision of social services
, individuals must have suffered a "severe form of trafficking." This high threshold fails to recognize the nature of modern trafficking schemes and disregards many victims.
53
Commentators have suggested that this definition is likely to exclude, among others, individuals who initially voluntarily consent to employment in the legal commercial sex industry but, upon arrival in the United States, are forced to work under slave-like conditions.
54 In contrast, the U.N.
Protocol employs a wider definition that focuses on exploitation rather than coercion and specifically indicates that consent of the trafficked person is irrelevant to the determination of whether he or she qualifies as a vic-tim.55 Moreover, by requiring force, fraud, or coercion, the TVPA fails to reach subtle trafficking techniques recognized under the
U.N. Protocol, including "the abuse of power or of a position of vulnerability ."5
DEPORTATION OF TRAFFICKED PEOPLE ONLY ALLOWS FOR THEM TO BE FURTHER
TRAUMATIZED AND RE-TRAFFICKED
(Dina Francesca, ARTICLE: (NOT) FOUND
CHAINED TO A BED IN A BROTHEL: CONCEPTUAL, LEGAL, AND PROCEDURAL FAILURES TO FULFILL THE PROMISE OF THE
TRAFFICKING VICTIMS PROTECTION ACT,” Georgetown Immigration Law Journal, Spring 2007, Lexis, mrw)
Real immigration solutions should be fundamental to any legislation or proposal that purports either to "combat" trafficking or "protect victims." The alternatives--deporting trafficked persons,
"repatriating" them, or conditioning their immigration options on the chance that law enforcement chooses to request and use their testimony for a prosecution--serve only to feed trafficked persons back into the realm of the traffickers and leave the trafficked persons doubly vulnerable. Anything other than providing an immigration solution results in victims being sent home, after which victims are at risk of being rejected within their own society and family as "tainted." Additionally, as victims are likely to harbor unresolved medical and psychological issues resulting from the trafficking, they become perfect targets for repeat trafficking, for being coerced into assisting traffickers to tap other victims, or for retaliation if traffickers believe that they aided law enforcement officials. n127 Insofar as U.S. agencies and law enforcement officials operate under any stated or unstated assumption that it is their duty to minimize the recognition of potential victims for fear of opening the floodgates to those who would allegedly be willing to subject themselves to forced sex, domestic labor, or other forms of indentured servitude in order to secure immigrant status in the United States, the self-defeating consequences and the veritable feedback loop facilitated by those false solutions must be squarely acknowledged and addressed.
– [Caitlin, intern in the Ronald Reagan Memorial Internship Program at Concerned Women for America Jul 12, http://www.cwfa.org/articles/13418/BLI/dotcommentary/index.htm]cn
We have all heard the catchy song lyrics about "what happens in Mexico" staying in Mexico or the advertisements about "what happens in
Vegas" staying in Vegas. Ambassador Lagon addressed that fallacy . " What 'happens' in these places does not 'stay' in these places. It is a stain on humanity . Every time a woman , a girl, a foreign migrant is treated as less than human, the loss of dignity for one is a loss of dignity for us all.
"
It was gratifying to hear the ambassador directly address the problems of
American popular culture in glamorizing the "ho" and "pimp." He said, "It's high time we treat pimps as exploiters rather than hip urban rebels. When a pimp insists his name or symbol be tattooed on his 'girls' he is branding them like cattle — dehumanizing them, treating them like property." There are those who would argue that human trafficking is the inevitable outcome of poverty and that some poverty—stricken people choose willingly to be involved. But, as Ambassador Lagon pointed out,
" There is a growing refusal to accept enslavement as an inevitable product of poverty or human viciousness.
Corruption is typically poverty's handmaiden in cases of human trafficking." CWA is pleased to be among those that Ambassador
Lagon called an "indomitable force." We and other evangelical Christians are at the forefront of this battle as modern—day abolitionists who work for the human rights of women and for the dignity of all of God's people. We agree with Ambassador Lagon that trafficking in persons " shouldn't be regulated or merely mitigated; it must be abolished ." The victims of this crime are among the
"most degraded, most exploited, and most dehumanized people in the world ." We join the ambassador in declaring,
"Exploiters must be stigmatized, prosecuted, and squeezed out of existence."

ADI 2010
Argumentation Lab
SCENARIO 4 TRAFFICKING TAKES:
(Dina Francesca, “Used, Abused,
Arrested and Deported: Extending Immigration Benefits to Protect the Victims of Trafficking and to Secure the
Prosecution of Traffickers,” Human Rights Quarterly Vol 26: 2 May 2004, p. 230, http://www.jstor.org/stable/20069727 mrw)
Prostitution and trafficking are not one and the same , yet some would treat them as such. Prostitution involves persons willingly engaging in sex work. Although there may be a gray area involving different degrees of consent, choice, and free will, trafficking goes well outside this gray area.
While a valid argument could be made that gender imbalances in economic or social factors drive a woman to consent to such labor as her chosen profession, thus effectively removing her “will,” trafficking involves clear deprivation of choice at some stage, either through fraud, deception, force, coercion, or threats.
R. Ray and A. C. Korteweg 1999 ( WOMEN.S MOVEMENTS IN THE THIRD WORLD: Identity, Mobilization, and Autonomy Department of Sociology, University of California, Berkeley,) SAS \\\\\
Most scholars who write about women.s movements believe that the autonomy of women.s movements is an unqualified good . This is partly because experience has taught that the left seems to be incapable of overcoming the natural. division of labor between men and women (Molyneux
1981). Proponents of autonomy see left parties as hierarchical and nondemocratic. The predominantly male leadership of the left, critics claim, is threatened by feminist demands and makes only half-hearted attempts to bring women into the fold,avoiding issues not considered to be in men.s interest (Sen 1989). Looking at the Indian Left , Katzenstein argues that it was the autonomy of the Indian women.s movement that enabled them to focus on the issue of violence against women
(Katzenstein 1989). Further, women.s issues are used strategically and may be dropped when expedient, as Stacey (1983) and Gilmartin (1989) have made evident in their studies of Chinese Communists, and Islah Jad (1995) has argued for the Palestinian movement.
PLAN SOLVES THIS FOR A NUMBER OF REASONS
CHANGING THE TVPA TO ALLOW ALL TRAFFICKED PEOPLE TO STAY IN THE UNITED STATES
SOLVES
LOPICCOLO 9 (Julie Marie, J.D. Candidate 2010, Whittier Law School; B.A. in History, San Diego State University, 2005NOTE AND
COMMENT: WHERE ARE THE VICTIMS? THE NEW TRAFFICKING VICTIMS PROTECTION ACT'S TRIUMPHS AND FAILURES IN
IDENTIFYING AND PROTECTING VICTIMS OF HUMAN TRAFFICKING, Whittier Law Review, 30 Whittier L. Rev. 851, Summer, L/N bjn
This qualifier, however, may be more relevant to issues such as complete nondisclosure to the public, or the possibility of awarding victims and their family's permanent resident status. This highlights an underlying fear that admitting too many economically disadvantaged individuals will be a drain on the government.
If the TVPA is truly concerned with protecting victims, it must make a stronger commitment to allow victims to stay where they are safe, rather than [*867] sending them home where they may make the same desperate choices or somehow forced back into the hands of criminals.
Furthermore, assistance and protection applies only to those victims that have been deemed victims of the severe form of human trafficking , as described in section 7102. n121 The TVPA should be committed to protecting all victims of trafficking, whether or not it is designated as severe .
As described above, non-severe trafficking still involves "the recruitment, harboring, transportation, provision, or obtaining of a person for the purpose of a commercial sex act." n122 When human beings are exploited involuntarily as sex workers for profit, they are entitled to assistance. Such victims should receive protection and the same level of respect given to victims of severe trafficking. This is especially true because it is difficult to determine whether or not victims are being held against their will when they may believe that they are truly indebted to the trafficker for transportation.
Dina Francesca Haynes points out that the law "seems to discourage" victims from discussing their motivations to leave their life for a better one, thus putting them into the hands of traffickers. n123 She argues that there is a false dichotomy, that a victim can either have the "will to improve one's life or be exploited and thus be a "victim' of trafficking, but not both." n124 Finally, there is a problem other than semantics and clarity in this section.
The statute requires victims to cooperate with the government in order to qualify for a T-visa.
n125 It has been argued that the law enforcement cooperation requirement is against congressional intent and humanitarian ideals . n126 The
TVPA should not hold victims of human exploitation to a system of quid pro quo. Such a requirement refuses to help those victims who are too lyzed by fear, or traumatized by their experience to testify against their morally bankrupt captors . This system further shows that the TVPA is less concerned with aiding victims than with bolstering the reputation of the United States as an effective prosecutor and a world leader in eradicating human trafficking.
6
Trafficking Aff

ADI 2010
Argumentation Lab
7
Trafficking Aff
FEAR OF DEPORTATION STOPS THEM FROM COMING FORWARD
(Melanie, Population Reference Bureau,
“Trafficking in Persons: Myths, Methods, and Human Rights, Popular Reference Bureau,” http://www.prb.org/Articles/2001/TraffickinginPersonsMythsMethodsandHumanRights.aspx 7-30-10) //MR
Traffickers typically maintain subservience through debt-bondage, passport confiscation, physical and psychological abuse, rape, torture, threats of arrest and deportation, and threats to the trafficked person's family.
Victims often find themselves cut off from the outside world, unable to speak the local language, and without identification or documentation. In extreme cases, the people do not know where they are. Consequently, it may be difficult to find help. In other cases , trafficked people fear the police because the law enforcement system is, or is perceived to be, corrupt or because they fear immediate deportation.
Trafficked people often are afraid to return to their country of origin because of remaining smuggling debt, fear of public humiliation upon disclosure of the work that they performed, and possible further victimization of the victims as well as their families.
[Free the Slaves and Human Rights Center of the
University of California Berkeley, “Hidden Slaves: Forced Labor in the United States,” Berkeley Journal of
International Law, 23 Berkeley J. Int'l L. 47 2005]
Forced labor survivors (and their service providers) are often caught in a bind when they try to balance their desire for justice and benefits with their needs for privacy and security. The Trafficking Act requires that forced labor survivors share information about themselves (and possibly others in a similar situation) with federal law enforcement agents in order to receive federal benefits . But in doing so, survivors may be increasing their vulnerability in at least two ways. First, by alerting law enforcement to their presence, survivors without
[*100] legal immigration status risk deportation if their account is found to lack credibility. Second, alleged perpetrators who are defendants in criminal proceedings have a right to review information provided by survivors to federal investigation . As a result, survivors and their families may be at a greater risk for retaliation.
According to CAST's Jennifer Stanger, these dilemmas have had "a chilling effect " on survivors who wish to apply for T visas but are reluctant to place themselves at greater risk . " Rather than cooperating with government authorities ," says Stanger, " victims of trafficking may be reluctant to come forward if they believe that this information may be turned over to their traffickers or be used to have them removed." n211 of the scope of the laws' protections .

ADI 2010
Argumentation Lab
8
Trafficking Aff
[JOYCE KOO DALRYMPLE, Staff Writer, BOSTON COLLEGE THIRD WORLD LAW
JOURNAL (2003-2004). “BOOK REVIEW: HUMAN TRAFFICKING: PROTECTING HUMAN RIGHTS IN
THE TRAFFICKING VICTIMS PROTECTION ACT: HUMAN TRAFFIC: SEX, SLAVES & IMMIGRATION.
By Craig McGill.” 25 B.C. Third World L.J. 451, Spring, 2005, lexis]
The TVPA criminalizes only "severe forms of trafficking in persons," which include only sex trafficking for the purpose of a commercial sex act, and labor trafficking , defined as involuntary servitude, peonage, debt bondage, or slavery. n60 By restricting its scope to "severe forms of trafficking," the Act implies that other forms of trafficking exist, but makes no attempt to define or criminalize those forms . n61 Physical coercion is not always required, but a victim of severe [*461] trafficking must believe that he or she would suffer serious harm or physical restraint if he or she were to leave the trafficker. n62
The Act should adopt a broader definition that includes all kinds of trafficking , similar to that of the Protocol to
Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, which supplements the
United Nations Convention Against Transnational Organized Crime. n63 The Protocol's operative concept is exploitation , rather than coercion. n64 This approach recognizes that trafficked workers, primarily women, may make voluntary choices about their migration and working conditions, but may nonetheless end up in exploitative working conditions . n65 It goes further than the TVPA by discussing the abuse of power, a position of vulnerability, and the giving or receiving of payments or benefits to achieve the consent of a person having control over another. n66
Moreover, the TVPA's standard that eligible victims must be victims of "severe forms of trafficking" is difficult to apply . n67 Law enforcement agents must make immediate determinations as to whether to take the victim to a detention center or an appropriate facility for trafficking [*462] victims; however, this decision cannot be made on-site without investigating the facts of the case . n68 Therefore, victims should be presumed to qualify as a victim of severe forms of trafficking until a contrary determination is made. n69
A strict interpretation of "severe" requires that victims , who are misidentified or not trafficked with enough force, be treated as criminals, detained, and deported.
n70 The courts and the Department of Homeland
Security will likely interpret this language very narrowly to prevent fraud.
n71 Victims lack incentive to testify if they are not going to be allowed to stay in the United States or adequately protected. n72 Even the White House believes that the victims of severe forms of trafficking standard is stringent and the criteria for temporary residency visa is too restrictive. n73 A rigid reading of "severe" ultimately would prevent the TVPA from accomplishing its intended purpose . n74
Focusing on Prosecution is counterproductive to solving back for Human Trafficking.
Anglel 2008 ( Immigration relief for human trafficking victims: Focusing the lens on the Humans rights of the Victims, Carole Angel, Esq.
5/14/2008 http://digitalcommons.law.umaryland.edu/cgi/viewcontent.cgi?article=1026&context=wle_papers )
To effectively address the trafficking phenomenon, policymakers must use a victim-centered approach that focuses on human rights, rather than ones that solely approach that focus solely on the narrowing of immigration laws or prosecution. If anti-trafficking initiates employ only immigration tools, such as tightening the boarders and the restricting of visas, there will be an increased demand for black market smuggling, limiting the victims’ to cross legally. This would defeat the efforts to combat human trafficking by empowering the trafficker and providing for further exploitation of the victim.
Approaching human trafficking with only prosecutable tools is similarly ineffective. This approach focuses the effort on prosecution rather than protection, potentially turning victims into disposable witnesses and diverting attention from the promotion from the promotion of human rights. Worse yet, this approach criminalizes victimizes, inhibiting their ability to utilize the legal system for protection or prosecution.
FOCUSING ON PROSECUTIONS STOPS VICTIMS FROM GETTING HELP WHICH IS THE KEY TO
PROSECUTIONS
MACIEL-MATOS 10 (ENRIQUE A., COMMENT: BEYOND THE SHACKLES AND CHAINS OF THE MIDDLE PASSAGE:
HUMAN TRAFFICKING UNVEILED, The Scholar: St. Mary's Law Review on Minority Issues, 12 SCHOLAR 327, Winter, l/n bjn)
The title of the TVPA is a misnomer. n38 Although one of the main functions of the act is to protect human trafficking victims, the overemphasis on prosecution of traffickers has rendered the act an ineffective tool in providing aid to victims of human trafficking . n39 The level of assistance a victim of human trafficking receives is strongly correlated to the victim's ability and willingness to cooperate with law enforcement officials . n40 What is important for law enforcement to understand is that emphasizing prosecution of traffickers, rather than protection of victims, undermines the intent of Congress in passing the TVPA.
WE MUST FOCUS THE VICTIM RATHER THAN FROM A LAW ENFORCEMENT PERSPECTIVE
MACIEL-MATOS 10 (ENRIQUE A., COMMENT: BEYOND THE SHACKLES AND CHAINS OF THE MIDDLE PASSAGE:
HUMAN TRAFFICKING UNVEILED, The Scholar: St. Mary's Law Review on Minority Issues, 12 SCHOLAR 327, Winter, l/n bjn)

ADI 2010
Argumentation Lab
9
Trafficking Aff
Today, many human beings are trafficked across international boundaries, a crisis that has been addressed by both the international community and the United States. n92 Unfortunately, a law enforcement approach to combating human trafficking has failed to adequately protect victims . By placing the eligibility for benefits, including the T visa, in the hands of law enforcement officials, the TVPA creates a system in which the protection [*345] of victims is secondary to the prosecution of traffickers . n93 Providing inadequate or no training to law enforcement has led to an inability to properly identify victims of human trafficking. Further, the failure to fund mental healthcare for victims has left those victims without critical resources to assist law enforcement and to avoid re-victimization. By providing needed mental health assistance to victims of human trafficking, the TVPA may also enable more effective prosecution of traffickers. Thus, the statute would truly accomplish all of its aims.
[Calvin C. Cheung, Trial Attorney with the United States Department of Justice, Antitrust Division, National Criminal
Enforcement Section, “Protecting Sex Trafficking Victims: Establishing the Persecution Element,” Asian American Law Journal, 14 Asian Am.
L.J. 31, May, 2007]
The bleak outlook of human trafficking worldwide caught the attention of Congress and the Clinton administration, leading to the [*34]
Trafficking Victims Protection Act of 2000 ("TVPA"). n27 The TVPA created a special non-immigrant visa class in the INA for trafficking victims called the T-visa . n28 In theory, T-visas endow trafficking victims with an assortment of benefits, including medical services and possibly lawful permanent residency after three years, similar to the benefits afforded to refugees. n29 Despite these statutory benefits, T-visas remain a limited option for trafficking victims . n30
First, the court must find that the trafficking victim is a "victim of a severe form of trafficking in persons ." n31 This renders disqualified a victim who initially agreed to be smuggled into the United States . Secondly, trafficking victims must assist investigators in the prosecution of her traffickers , unless she is under the age of fifteen. n32 Therefore, only the limited few who investigators choose for assistance will qualify . Thirdly , the victim must show that she would suffer extreme hardship involving severe harm upon removal . n33 Finally , the TVPA allows the Attorney General to grant only 5,000 T-visas a year , n34 which, if applied to its maximum, would cover only one-third of victims in the United States annually . Since the creation of the T-visas in 2000, only approximately 1,000 have been issued to victims , even though 5,000 are available each year. n35
This disparity is due in large part to the requirement that victims must testify against their captors in order to qualify for the T-visa . n36 The stringent requirements to qualify for T-visas necessitate that trafficking victims seek asylum relief as an alternative to avoid harmful deportation .
[Free the Slaves and Human Rights Center of the
University of California Berkeley, “Hidden Slaves: Forced Labor in the United States,” Berkeley Journal of
International Law, 23 Berkeley J. Int'l L. 47 2005]
Our study found that most victims of forced labor who were trafficked into the United States came from impoverished areas of the world . Poverty is an important indicator of health, and many diseases, such as tuberculosis (TB), hepatitis B and C, and sexually transmitted diseases, are more prevalent in impoverished
[*87] populations where access to adequate health care is limited or nonexistent. Because many forced labor victims circumvent formal medical screenings for migrants, many will arrive in the United States without proper immunizations and bearing communicable diseases. Studies have found that even legal migrants to the United States have caused TB caseloads to increase , largely because those infected had not received proper care in their home countries. In one study, thirty-one to forty-seven percent of migrant farm workers tested on the East and West Coasts of the United States were TB positive, and those groups were six times more likely to develop TB than the general population .
Stephanie
-06-22 Reuters Up to 30,000 have new untreatable form of TB: WHO accessed
07/25/2007

ADI 2010
Argumentation Lab
10
Trafficking Aff
GENEVA (Reuters) A new, untreatable form of tuberculosis is striking up to 30,000 people a year , the World Health
Organization said on Friday, and warned it could spark an "apocalyptic scenario" if unchecked . The United Nations agency appealed for $2.15 billion to combat drug-resistant TB under a program which it said could save up to 134,000 lives over two years. Extensively drug resistant TB (XDR-TB), a form virtually immune to antibiotics, has been reported in 37 countries in all regions since emerging in 2006, according to the WHO. "There is somewhere between 25,000 and 30,000, we roughly estimate, cases of extensive drug resistant TB each year," Paul Nunn, coordinator of WHO's Stop TB Department, told a briefing. "Ultimately, to face down this epidemic , we need new tools -- we need new drugs , we need new diagnostics," he added. The recent case of an American man with XDR-TB who traveled abroad triggered an international health scare, highlighting the potential risks of rapid spread. XDR-TB cases are particularly difficult to treat, and a patient could infect other people for years, according to Mario Raviglione, director of the WHO's Stop TB Department. "That is the big threat here. If you have more and more of these cases, you will automatically magnify the problem by having transmission going on to other individuals ... Once they become infected they are sort of a time bomb ,"
Raviglione said.
" If this is kept unchecked and goes on, then you may also see an apocalyptic scenario where the present epidemic of TB is replaced by an epidemic of TB which is now fully resistant to everything ," he added.
"PRE-ANTIBIOTIC ERA" Some 8.8 million people each year develop normal TB, a bacterial infection that usually attacks the lungs and which kills 1.6 million people a year, according to the WHO. About 450,000 get a multi-resistant form (MDR-TB) each year, which resists the main first-line drugs, but XDR-TB occurs when there is resistance to even second-line drugs. "The possibility is that you could replace that epidemic with a drug-resistant epidemic, in other words you could have 8 million cases of drug-resistant TB wandering around.
And then you will be back to the pre-antibiotic era ," said Nunn. An outbreak in KwaZulu-Natal province of South Africa last year confirmed the WHO's fears about XDR-TB, which killed 52 of the 53 patients, mainly carriers of the HIV virus, he said. "We really now have to focus on problems of infection control.
We can't allow drug-resistant MDR or XDR to get into populations of HIVinfected people," he added. Regular TB can be diagnosed with a microscope, but drug-resistant forms require laboratories that can do more sophisticated tests -- a capacity lacking in many poor countries, especially in sub-Saharan Africa, he said.
[Free the Slaves and Human Rights Center of the
University of California Berkeley, “Hidden Slaves: Forced Labor in the United States,” Berkeley Journal of
International Law, 23 Berkeley J. Int'l L. 47 2005]
Forced labor survivors are at significant risk of developing health-related problems . Most survivors come from impoverished areas of the world where access to adequate health care is limited or nonexistent. Because forced labor victims often circumvent formal medical screenings for migrants, many arrive in the United States without proper immunizations and bearing communicable diseases . Once trafficked migrants reach their destination in the United States , they continue to face a variety of health risks as they begin working in dangerous and unregulated work environments . Those who work in the sex trade are especially [*50] at risk of contracting HIV or other sexually transmitted diseases. Perpetrators of forced labor frequently use violence or the withholding of food as a means of "breaking," controlling, and punishing their workers.
(Lori S, Population Reference Bureau, “How HIV and AIDS Affect Populations,” July 2006 www.prb.org/pdf06/HowHIVAIDSAffectsPopulations.pdf, accessed 7-29-10, mrw)
People living with HIV and AIDS are prone to developing other illnesses and infections because of their suppressed immune systems and, as a result, the AIDS epidemic has fueled an upsurge of pneumonia and tuberculosis in many world regions. In sub-Saharan Africa, mortality rates among children under age 5 are substantially higher than they would be without HIV (see figure). Without lifesaving drugs, one-third of children who are born infected with HIV (trans- mitted through their mothers) die before their first birthday, and about 60 percent die by age 5 .
3The surge of AIDS deaths has also halted or reversed gains in life expectancy in many African countries. For example, in Lesotho, where one- fourth of adults were estimated to be living with HIV/AIDS in 2005, life expectancy was nearly 60 years in 1990-1995, but plummeted to 34 years by 2005-2010, primarily because of AIDS-related mortality . The UN projected that
Lesotho’s life expectancy would have improved to 69 years by 2015-2020 if not for excessive AIDS mortality.4 Outside Africa, countries expected to see a drop in life expectancy include the Bahamas, Cambodia, Dominican Republic, Haiti, and Myanmar.5

ADI 2010
Argumentation Lab
11
Trafficking Aff
[Jennifer M. Chacon, Assistant Professor, University of California, Davis, School of Law, MISERY
AND MYOPIA: UNDERSTANDING THE FAILURES OF U.S. EFFORTS TO STOP HUMAN TRAFFICKING,
74 Fordham L. Rev. 2977, May, 2006, lexis]
The United States has never developed an immigration strategy that effectively grapples with the global forces that drive migration . Ad hoc efforts to respond to certain effects of global migration have consistently failed to deal realistically with the problems and blessings of migration. In this regard, the passage and enforcement of the
Victims of Trafficking and Violence Protection Act of 2000 ("Trafficking Act," "TVPA," or "Act") n2 is [*2978] paradigmatic . The Trafficking Act is intended to offer statutory protection to the victims of severe forms of human trafficking , to increase criminal penalties for persons who commit such acts of trafficking, and to foster international cooperation in efforts to combat human trafficking. n3
The Trafficking Act has inspired a great deal of scholarly comment and criticism. n4 Unfortunately , there is almost universal consensus that the Trafficking Act, while well-intentioned, has thus far failed to make sufficient strides in addressing the problem of human trafficking, either internationally or domestically. The most recent diagnoses of the domestic failure are tending to converge: Commentators note that the Act - particularly as it has been implemented - emphasizes the law enforcement [*2979] components of anti-trafficking initiatives in a way that undercuts the Act's humanitarian goals of assisting trafficking victims . n5
[Shannon Lack, CIVIL RIGHTS FOR TRAFFICKED PERSONS: RECOMMENDATIONS FOR A
MORE EFFECTIVE FEDERAL CIVIL REMEDY 26 J.L. & Com. 151, Spring, 2008, lexis]
Despite the advances the TVPA has made in the development of domestic anti-trafficking legislation, "there is almost universal consensus that the [TVPA] . . . has thus far failed to make sufficient strides in addressing the problems of human trafficking . . . ." n74 It has been noted that the failure of the TVPA to sufficiently combat human trafficking is a result of law enforcement's tendency to undercut the humanitarian aim of protecting and assisting the victims in anti-trafficking initiatives. n75 For instance, even upon being identified as a victim of trafficking, availability of the benefits under the TVPA are contingent upon victims' meeting three eligibility requirements . n76 [*160] First, victims must demonstrate that they have suffered a "severe form of trafficking ." n77 Second, victims must be willing to cooperate with law enforcement in the investigation and prosecution of their trafficker. n78 Third, victims must acquire temporary immigration status through the T visa . n79 A general mistrust of the prosecutorial process compounded by a fear of deportation and deep feelings of humiliation hinders the willingness of trafficking victims to fulfill the first two eligibility requirements . n80 The third eligibility requirement, obtainment of a T visa, is procedurally onerous as it places the burden of proving eligibility on the victims. n81 The T visa's inadequacy as a protection for victims is further evidenced by the fact that only 750 T visa applications have been submitted since the enactment of the TVPA in
2000. n82 Overall, the stringent eligibility requirements fail to recognize contemporary modem trafficking schemes and as a result, disregard the needs of victims . n83 By conditioning social services and immigration status on the victims' willingness to cooperate with the prosecution, trafficked persons become instruments of law enforcement as opposed to victims deserving of protection and vindication of their individual human rights . n84 Victims have little to no control over the restoration of their own lives . Even a victim's access to restitution is contingent upon the prosecutor's willingness to investigate and charge traffickers, despite the mandatory restitution provision of the TVPA. n85 Since prosecutors are primarily concerned with imprisoning traffickers, they may fail to seek restitution for victims . n86 Even when a prosecutor does seek restitution for a victim , damage awards as defined by the mandatory restitution provision of the TVPA "grossly understate the harms suffered by victims ." n87 The prosecutorial process thus bars victims from pursuing compensation that will hold their traffickers directly accountable for their exploitative actions

ADI 2010
Argumentation Lab
12
Trafficking Aff
(David A. Feingold, “Think Again; Human Trafficking” 6/29/2010 http://www.hrusa.org/workshops/trafficking/ThinkAgain.pdf)
, particularly in situations of armed conflict or political unrest
.
For example, studies by the
J.D. candidate, Washington College of Law, American University --The author is grateful to the President's
Interagency Council on Women for its guidance
Kelly, Protecting Human Victims of Trafficking: An American Framework
16 Berkeley Women's L.J. 29 lexis
If trafficked women are found by law enforcement, most frequently they are identified as illegal immigrants . n123 The women either have no documentation because their owners confiscated their passports or present fraudulent documentation provided by their owners. n124 As a result of their illegal status, trafficking victims typically are jailed and eventually deported . n125
Once deported, a woman's repatriation can be dangerous and difficult. For example, in the case of
Burmese women, it may be physically dangerous to return home because of their native country's civil strife. n126 Burmese women deported from Thailand are often left at the border, n127 where, if picked up by soldiers, the women may be raped and killed . n128
There is also the possibility that traffickers will find escapees and return them to
Thailand. n129
Even if women successfully manage to return to their native country, they may face retribution from organized crime groups or from their native country's law enforcement. Thai victims in California feared returning home to Thailand after learning that their traffickers had been looking for them. n130 Government authorities in the home country, instead of providing protection, may penalize returning victims with arrest and detention for having illegally migrated . n131
Returning victims also may face ostracism from family and friends. A trafficked woman's husband or family may disown her upon her return if she engaged in prostitution. n132 Families may refuse to take a woman back after she has been a prostitute because she is viewed as unfit for marriage. n133 [*44] Some Albanian families reportedly have killed returning women because of the immense shame they bring upon the family. n134
The ostracism compounds the women's own sense of humiliation, since they may have left to become successful and earn money for the family and have returned with nothing but shame.

ADI 2010
Argumentation Lab
13
Trafficking Aff
Human Rights Watch 1/14 /09 [2009 World Report: Obama Should Emphasize Human Rights Stop Abusive States
From Playing System to Avert Criticism, JANUARY 14, 2009, http://www.hrw.org/en/news/2009/01/14/2009world-report-obama-should-emphasize-human-rights]
For the first time in nearly a decade, the US has a chance to regain its global credibility by turning the page on the abusive policies of the Bush administration," said Kenneth Roth, executive director of Human Rights Watch .
" And not a moment too late . Today, the most energetic diplomacy on human rights comes from such places as
Algiers, Cairo, and Islamabad, with backing from Beijing and Moscow, but these ‘spoilers' are pushing in the wrong direction ."
[James Steinberg, Dean of the Lyndon Johnson School of Public Affairs at Texas Austin, “Real
Leaders Do Soft Power: Learning the Lessons of Iraq,” Washington Quarterly, Spring, 2008]
To secure international support requires that the United States take seriously the views of others in formulating its own strategy . When the United States acts against well-intentioned counsel, its friends might not balance against the United States by joining with its adversaries. They could and did, however, stand on the sidelines, and Washington could do little to punish them. Those who were inclined to support the United States ran the risk of losing the support of their own people, as with President José María Aznar of Spain and ultimately Prime
Ministers Tony Blair of the United Kingdom and John Howard of Australia. By appearing to defy important allies' advice and by short-circuiting the UN process that the United States itself had help put in place, Washington complicated its ability to gain the support of other countries on actions that were far more central to U.S. interests, including constraining Iran and tackling terrorist cells globally .
[Regan E. Ralph, founding executive director of the Fund for Global Human Rights. Prior to launching the Fund, Regan was Vice President for Health and Reproductive Rights at the National Women’s Law Center in
Washington D.C.in The Future of Human Rights (William F. Shultz, ed), 2008, p. 189]

ADI 2010
Argumentation Lab
14
Trafficking Aff
[Kenneth Roth, exec. Director of human rights watch, Human Rights Watch World Report 2009,
Introduction by Kenneth Roth, http://www.hrw.org/en/world-report-2009/taking-back-initiative-human-rightsspoilers]
A government's respect for human rights must be measured not only by how it treats its own people but also by how it protects rights in its relations with other countries. As we commemorate the sixtieth anniversary of the Universal
Declaration of Human Rights, the response of governments to the plight of people abroad is often anemic .
Indeed, it is a sad fact that when it comes to this international protection of rights, the governments with the clearest vision and strategy are often those that seek to undermine enforcement . The days are past when one would look to Washington, Brussels, or other Western capitals for the initiative in intergovernmental discussions of human rights. Today, those conducting the most energetic diplomacy on human rights are likely to reside in such places as Algiers, Cairo, or Islamabad , with backing from Beijing and Moscow. The problem is that they are pushing in the wrong direction.
These human rights opponents defend the prerogative of governments to do what they want to their people .
They hide behind the principles of sovereignty, non-interference, and Southern solidarity, but their real aim is to curb criticism of their own human rights abuses or those of their allies and friends. The activities of these
"spoilers" have come to dominate intergovernmental discussions of human rights. For example, they have ended
United Nations scrutiny of severe repression in Uzbekistan, Iran, and the Democratic Republic of Congo. They have mounted intense challenges to criticism of the Burmese military and possible prosecution of Sudanese President
Omar al-Bashir. And they have deeply compromised the new UN Human Rights Council.
The reason for their success lies less in the attractiveness of their vision than in the often weak and inconsistent commitment of governments that traditionally stood for the defense of human rights. It is not as if the people of the world are suddenly enamored of dictatorship and repression. Their desire for basic rights remains unchanged, whether in the displaced persons camps of Darfur, the tribal areas of Pakistan, or the prisons of Egypt. Rather, the vigor of the anti-human rights campaign is, ironically, a testament to the power of the human rights ideal. The spoilers would hardly bother if the stigma of being labeled a human rights violator did not carry such sting.
Shifts in global power have emboldened spoiler governments in international forums to challenge human rights as a "Western" or "imperialist " imposition. The force of China's authoritarian example and the oil-fueled muscle of Russia have made it easier to reject human rights principles. The moral standing of a country like South
Africa by virtue of its own dark past means that its challenge to the international human rights agenda is influential.
Nevertheless, governments that care about human rights worldwide retain enough clout to build a broad coalition to fight repression if they are willing to use it . Instead, these governments have largely abandoned the field . Succumbing to competing interests and credibility problems of their own making, they have let themselves be outmaneuvered and sidelined in UN venues such as the Security Council and the Human Rights
Council, and in the policy debates that shape multilateral diplomacy toward Burma, Darfur, Sri Lanka, Zimbabwe, and other trouble spots.
For the United States, that withdrawal is the logical consequence of the Bush administration's decision to combat terrorism without regard to the basic rights not to be subjected to torture , "disappearance," or detention without trial. Against that backdrop, Washington's periodic efforts to discuss rights have been undercut by justifiable accusations of hypocrisy . Reversing that ugly record must be a first priority for the new administration of Barack
Obama if the US government is to assume a credible leadership role on human rights.
Washington's frequent abdication has often forced the European Union to act on its own .
Sometimes it has done so admirably, such as after the Russia-Georgia conflict, when its deployment of monitors eased tensions and helped protect civilians, or in eastern Chad, where it sent 3,300 troops as part of a UN civilian protection mission. But the EU did a poor job of projecting its influence more broadly, to places like Burma, Somalia, or the Democratic Republic of Congo. It often sought to avoid the political fallout of doing nothing by hiding behind a cumbersome EU decision-making process that favors inaction. Moreover, its frequent reluctance to stand up to the Bush administration in protest against abusive counterterrorism policies opened the EU to charges of double standards that poisoned the global debate on human rights and made it easier for spoilers to prevail.
HUMAN TRAFFICKING DESTROYS HUMAN DIGNITY
LOPICCOLO 9 (Julie Marie, J.D. Candidate 2010, Whittier Law School; B.A. in History, San Diego State University, 2005NOTE AND
COMMENT: WHERE ARE THE VICTIMS? THE NEW TRAFFICKING VICTIMS PROTECTION ACT'S TRIUMPHS AND FAILURES IN
IDENTIFYING AND PROTECTING VICTIMS OF HUMAN TRAFFICKING, Whittier Law Review, 30 Whittier L. Rev. 851, Summer, L/N bjn)
"Human trafficking is an offense against human dignity, a crime in which human beings, many of them teenagers and young children, are bought and sold and often sexually abused by violent criminals." n10 It affects a disproportionate number of women and children from some of the poorest nations . n11 These victims have little power to combat their captors, as they are extremely vulnerable, often choosing the better of two desolate situations.
n12 The most common victims of trafficking are citizens of countries that cannot provide the basic necessities of life whose only chance of survival is to leave to pursue a better life in the United States or elsewhere. n13 A trafficker may be able to offer them this chance, but at a very high cost.

ADI 2010
Argumentation Lab
15
Trafficking Aff
A LARGE AMOUNT OF THE PEOPLE WHO ARE TRAFFICKED ARE WOMYN AND CHILDREN
ACCORDING TO THE USFG
LOPICCOLO 9 (Julie Marie, J.D. Candidate 2010, Whittier Law School; B.A. in History, San Diego State University, 2005NOTE AND
COMMENT: WHERE ARE THE VICTIMS? THE NEW TRAFFICKING VICTIMS PROTECTION ACT'S TRIUMPHS AND FAILURES IN
IDENTIFYING AND PROTECTING VICTIMS OF HUMAN TRAFFICKING, Whittier Law Review, 30 Whittier L. Rev. 851, Summer, L/N bjn
As stated above, as many as 900,000 people are trafficked across borders for the purpose of some form of forced labor each and every year. According to United States government statistics, eighty percent of those are women and children, and fifty percent of them are minors.
n52 These numbers do not include internal trafficking, which can be even more difficult to calculate. n53 No matter what the precise numbers, the problem of human trafficking extends across the globe. The
TVPA requires that all countries meet certain minimum standards as set out by the United States, and threatens elimination of funding to those countries who do not comply. n54
A LARGE AMOUNT OF THE PEOPLE WHO ARE TRAFFICKED ARE WOMYN AND CHILDREN
ACCORDING TO THE USFG
LOPICCOLO 9 (Julie Marie, J.D. Candidate 2010, Whittier Law School; B.A. in History, San Diego State University, 2005NOTE AND
COMMENT: WHERE ARE THE VICTIMS? THE NEW TRAFFICKING VICTIMS PROTECTION ACT'S TRIUMPHS AND FAILURES IN
IDENTIFYING AND PROTECTING VICTIMS OF HUMAN TRAFFICKING, Whittier Law Review, 30 Whittier L. Rev. 851, Summer, L/N bjn
As stated above, as many as 900,000 people are trafficked across borders for the purpose of some form of forced labor each and every year. According to United States government statistics, eighty percent of those are women and children, and fifty percent of them are minors.
n52 These numbers do not include internal trafficking, which can be even more difficult to calculate. n53 No matter what the precise numbers, the problem of human trafficking extends across the globe. The
TVPA requires that all countries meet certain minimum standards as set out by the United States, and threatens elimination of funding to those countries who do not comply. n54
(Sally Green, “Protection for Victims of Child Sex Trafficking in the United States: Forging the Gap between U.S. Immigration Laws and Human Trafficking Laws,” UC Davis Journal of Juvenile Law & Policy,
Summer 2008 Lexis mrw)
The law sets forth one group comprised of (1) those who have been subjected to commercial sex acts by force, fraud or coercion under section 7102(8), and (2) those who have not attained 18 years of age. n98 The other group is comprised of (1) those who have been subjected to commercial sex acts by force, fraud or coercion under section 7102(8), and (2) those who are the subject of a certification under subparagraph (E). n99 The statutory construction bifurcates adult victims under (C)((i) from children (child sex victims) under
(C)(ii)(I). Then, the disjunctive language, "or", separates child sex victims under (C)(ii)(I) from those subject to certification under subparagraph (E). n100 This means that when subparagraph (E) references, "...the person referred to in subparagraph (C)(ii)(II)", child sex victims are effectively excluded from its certification requirements that link the definition of a
"victim of a severe form of trafficking" to assistance in the investigation and prosecution of traffickers. n101 Consequently, children are considered victims of a severe form of trafficking as defined under the TVPRA and can receive benefits and services without assisting in the investigation and prosecution of traffickers . At first glance, the legislation seems to correct the previously identified obstacle of cooperation for younger trafficking victims; however, Congress injected another obstacle in its place. Even though child sex victims are eligible to receive benefits and services, they are still subject to removal if they have not obtained some form of protected status that is offered to their adult counterparts under the subparagraph (E) certification requirement from which they are specifically excluded.
The TVPRA certification provisions specifically exclude persons who have not attained the age of 18 as identified in the discussion above. n102 In effect, subparagraph [*335] (C) purports to offer benefits and services for child sex victims unencumbered by a requirement for cooperation in prosecuting their traffickers; but through application of subparagraph (E), they are excluded from protection.

ADI 2010
Argumentation Lab
16
Trafficking Aff
(Sally Green, “Protection for Victims of Child Sex Trafficking in the United States: Forging the Gap between U.S. Immigration Laws and Human Trafficking Laws,” UC Davis Journal of Juvenile Law & Policy,
Summer 2008 Lexis mrw)
Certainly, the human trafficking legislation was generally written in such a manner to qualify sex trafficking victims for protections under the immigration laws, however, to the extent that the immigrant law provisions and policies ultimately influence the victims' lawful status in the country without granting them more than "continued presence" in the
United States as conditioned upon cooperation in the prosecution of the traffickers, then the victims can, at any time, be potentially removed.
n86 [*331 ] Even though the immigration law provisions were amended to include protection from removal in the form of a T-visa, the cooperation condition reflects a priority for prosecution. It is impractical and dysfunctional especially for younger victims when the traumatic circumstances of the human trafficking culture preclude meaningful cooperation. As a result, Congress amended the TVPA requirements to exclude cooperation by victims under the age of 18. n87
(Dina Francesca, “Used, Abused,
Arrested and Deported: Extending Immigration Benefits to Protect the Victims of Trafficking and to Secure the
Prosecution of Traffickers,” Human Rights Quarterly Vol 26: 2 May 2004, p. 270, http://www.jstor.org/stable/20069727 mrw) a) A woman who is trafficked for sex work will be forced to have sex with strangers, will be deprived of her liberty, will retain little or no profit from her work, and is likely to be threatened, raped repeatedly, isolated from friends and family, sold from person to person like chattel, and beaten on a regular basis. It is highly unlikely that many women would willingly put themselves into the flow of trafficking if they have knowledge of the potential consequences.
(Sally Green, “Protection for Victims of Child Sex
Trafficking in the United States: Forging the Gap between U.S. Immigration Laws and Human Trafficking Laws,”
UC Davis Journal of Juvenile Law & Policy, Summer 2008 Lexis mrw)
To quantify the problem , between 700,000 to 2 million people are trafficked across international borders every year . Of this number, women comprise approximately 80% and 70% of those women are placed into the sex trafficking industry each year. In order to provide perspective on this quantification, the number of trafficked victims nearly equals the entire population of the state of Vermont. More importantly, fifty percent of the trafficked victims are minor s. These statistics describe an elaborate scheme that is fueled by the traffickers' heinous nature. Its characterization as a cycle of abuse n18 is founded in the victims' hope.

ADI 2010
Argumentation Lab
17
Trafficking Aff
(Melanie, Population Reference Bureau,
“Trafficking in Persons: Myths, Methods, and Human Rights, Popular Reference Bureau,” http://www.prb.org/Articles/2001/TraffickinginPersonsMythsMethodsandHumanRights.aspx 7-30-10) //MR
Trafficked people often suffer from a multitude of physical and psychological health problems. Women are specifically vulnerable to reproductive and other gender-specific health problems in trafficking situations as they have little or no access to reproductive health care. These problems include lack of access to birth control, constant rapes, forced abortions and contraceptive use, lack of regular mammograms and Pap smears, and other health issues
. Women in domestic servitude are subject to rape and other physical abuse, while women in forced prostitution suffer increased risk of sexually transmitted infections, including HIV/AIDS, repetitive stress injuries, and back problems. Moreover, most trafficked persons suffer from post-traumatic stress and, because of constant physical and psychological abuse, exhibit symptoms associated with survivors of severe trauma and torture.
Rape is bad.
, ( "Worse Than Death": Psychodynamics of Rape Victims and the Need for Psychotherapy, American Psychiatric
Association;American Journal of Psychiatry, 1986; 143: 817-824) //MR
Loss. The threat of annihilation has two sources -- the impact of the threat of death and the destruction of parts of the self; the trauma is at the oral stage, the stage of basic trust.
Every rape victim experiences literally the threat of loss of life
[n2,n9,n13]. Although this is readily recognized when the victim has been physically damaged by the assailant in ways other than those occurring from forced sexual intercourse, it is experienced as an ever-present danger by all rape victims. One source of the threat is the almost universal use of either a weapon, life-threatening physical force, or verbal threats of death by the rapist. Death threats occur in all types of rape [n32]. It is also common knowledge that rapists may also murder. Even if no threats are made, the victim is aware of the rapist's murderous rage.
Sudden unconscious movements by the victim, such as a sound made involuntarily on awakening, can lead to a frightening, forceful, angry act on the part of the assailant.
The assailant needs to have total control over the victim, and, if this control is threatened, he becomes terrified and enraged [n32]. Also, as an unwilling participant in the rapist's use of projective identification and reenactment to defend himself psychologically, the victim experiences the primitive affects and conflicts of the assailant. These include issues of mistrust and threat of annihilation; this "empathic" experience of the victim may be one of the sources for the frequently stated feeling of the victim: "I feel sorry for the guy; he must be very sick to have done something like this; he needs help, not prison."
A sense of death and loss also occurs through the destruction of important aspects of the self
.
Attitudes needed for psychological survival often are destroyed. In most victims, basic trust and primitive omnipotence [n18,n23] are lost and are supplanted by the chronic intrapsychic experience of threat of annihilation and by profound mistrust. Loss of trust results in a generalized suspiciousness directed predominantly,
but not exclusively, toward men and in a sense of profound vulnerability in regard to basic safety.
Attempts to regain the lost trust and omnipotence result in such actions as the victim's moving from the current residence (even when the assault did not occur at that location) or out of the geographic area, purchasing new security devices, changing jobs, or deciding to live with others instead of alone. The victim often rationalizes these changes as appropriate precautionary measures; sometimes they are in part that, but, more important, they are defensive maneuvers and reenactments of the loss.
Defenses.
Depersonalization, dissociation, reenactment, and regression are key defenses. The ego is overwhelmed and needs to resort to depersonalization and dissociation during the assault. The overwhelming of the ego is experienced as the death of the old self, a self that will not return.
The depersonalization and dissociation used during the rape protect some ego functioning and preserve autonomy. Victims describe this as leaving their bodies, floating, and looking down from above at their bodies being raped. Unfortunately, this defense persists, and the old self is replaced by a numbed, wooden, deadened, distant self. This new deadened self represents a mixture of the depersonalization, depression, and reenactment of the life-threatening assault. As Titchener and Kapp [n29] and Terr [n26] have noted, there are enduring personality changes and symptoms that result in the victim's feeling that the old self has died or been irrevocably lost.
HARMS: GENERAL

ADI 2010
Argumentation Lab
18
Trafficking Aff
Professor of Religious Studies in the University of South Florida 19
[Darrell J., Part II of The ethical challenge of Auschwitz and Hiroshima:
Apocalypse or Utopia?, Chapter 4 "The Ethical Challenge of Auschwitz and Hiroshima to Technological Utopianism", part 4 "The Challenge of Auschwitz and
Hiroshima: From Sacred Morality to Alienation and Ethics", Ebooks]
Although every culture is inherently utopian in its potentiality, the internal social dynamic through which its symbolic world-view is maintained as a sacred order has a tendency to transform it into a closed ideological universe (in Karl Mannheim's sense of the ideological; namely, a world-view that promises change while actually reinforcing the status quo) that tends to define human identity in terms advantageous to some and at the expense of others.
Historically the process of dehumanization has typically begun by redefining the other as, by nature, less than human. So the Nazis did to the Jews, and European Americans did to the Native Americans , men have done to women, and whites to blacks. By relegating these social definitions to the realm of nature they are removed from the realm of choice and ethical reflection.
Hence those in the superior categories need feel no responsibility toward those in the inferior categories.
It is simply a matter of recognizing reality. Those who are the objects of such definitions find themselves robbed of their humanity. They are defined by and confined to the present horizon of culture and their place in it, which seeks to rob them of their utopian capacity for theonomous self-transcending selfdefinition.
The cosmicization of social identities is inevitably legitimated by sacred narratives , whether religious or secular-scientific (e.g., the Nazi biological myth of Aryan racial superiority), which dehumanize not only the victims but also the victors
For to create such a demonic social order the victors must deny not only the humanity of the other who is treated as totally alien but also their own humanity as well. That is
, to imprison the alien in his or her enforced subhuman identity
(an identity that attempts to deny the victim the possibility of self-transcendence) the victor must imprison himself or herself in this same world as it has been defined and deny his or her own self-transcendence as well
.
The bureaucratic process that appears historically with the advent of urbanization increases the demonic potential of this process, especially the modern state bureaucracy organized around the use of the most efficient techniques to control every area of human activity. The result is , as Rubenstein reminds us , the society of total domination in which virtually nothing is sacred, not even human life .
( Sally Green, “Protection for Victims of Child Sex Trafficking in the United States: Forging the Gap between U.S. Immigration Laws and Human Trafficking Laws,” UC Davis Journal of Juvenile Law & Policy,
Summer 2008 Lexis mrw)
Furthermore , prostitution and sex tourism also fuel the cycle of abuse as by-products of sex trafficking . n26 U.S. Attorney General Alberto Gonzales accurately described one aspect of this cyclical scheme by stating, "...
sex slavery is intrinsically linked to prostitution, which is inherently harmful and dehumanizing.
" n27 In fact, child prostitution, like child sex trafficking, impacts up to two million children every year,n28 of which 400,000 are prostituted into the United States. Child sex victims are recruited from Latin American, East
Asian, and Pacific and European countries, which are known as originating countries. Traffickers utilize key tactics such as force and deception to supply the U.S. prostitution industry .
, ,(About Slavery and Human Trafficking What is Human Trafficking and Slavery? http://www.madebysurvivors.com/AboutSlavery, LA: 7/28/10) //MR
Sometimes slaves are kept captive with literal chains or bars.
In other cases threats of violence, or actual violence against enslaved people or their families keep them from running away. Sometimes families toil as slaves for generations, to satisfy debts typically under $50, in a practice known as bonded labor. These people do not even know that they are slaves - they have been told that the practice is legal and that they are legally and morally obligated to work as slaves until their 'debt' is repaid. However, because of the trickery of the traffickers, the debt constantly accumulates
.
Victims of human trafficking are subject to gross human rights violations including rape, torture, beatings, starvation, dehumanization, and threats of murdering family members. In the case of trafficking for sexual exploitation, girls often have their virginity sold first, followed by multiple gang rape to break down their resistance. Since the bodies of young girls are not ready for sexual intercourse, this often results in abrasions, making the girls susceptible to HIV/AIDS and other diseases.

ADI 2010
Argumentation Lab
19
Trafficking Aff
(Smuggling and Trafficking in Human Beings: The Phenomenon, The Markets that Drive
It and the Organisations that Promote It? European Journal on Criminal Policy and Research, 9:2 2001) //MR
Traffickers and enforcers have characteristically been known to use excessive violence against their victims to maintain control. Less sinister practices include seizing of documents, confinement of victims to the workplace or threatening them with deportation. More threatening practices include constant monitoring of the victims’ whereabouts, threats of violence against the victim and his or her family in the country of origin, actual violence to include tattooing victims, burning them with cigarettes, assault and rape (Jantsch 1998; Vocks and Nijboer 2000).

ADI 2010
Argumentation Lab
20
Trafficking Aff
(Sally Green, “Protection for Victims of Child Sex Trafficking in the United States: Forging the Gap between U.S. Immigration Laws and Human Trafficking Laws,” UC Davis Journal of Juvenile Law & Policy,
Summer 2008 Lexis mrw)
And so, the cyclical nature of the child sex industr y in this country is further depicted through the psychological harms of children who are deceived and coerced into leaving their familiar surroundings only to be subsequently forced to survive in an unfamiliar American culture. Once here, the language barriers coupled with isolation by the traffickers prevent any connection with a lifestyle outside the industry.
Child prostitutes face life threatening risks in the form of physical violence and repeated rape n44 committed by clients and pimps. The psychological and physical oppression of children as a particularly vulnerable group heightens the likelihood of continued re-trafficking since return to their home communities will most likely result in them being ostracized by the family and community with which the initially identified . Consequently, the oppressive cycle of abuse reveals the pure insidiousness of the industry.
Heather
Women and politics in Canada By Heather Maclvor, 1996
A woman who has been sexually assaulted will often refuse to report the crime to the police, for fear that they will not believe her. It is difficult to talk about private matters at the best of times; telling a stranger about a sexual assault, when one is in a state of extreme shock, confusion, pain, and selfdoubt, can be almost as traumatic as the assault itself (hence the term “second rape”). When the police express skepticism, or ask the victim what she did to “get herself raped.” the ordeal becomes even worse. One Canadian study found that 62% of women had been sexually assaulted refused to report the crimes to the police. Many remained silent because they were aware of the gender-biased attitudes among law-enforcement officials, and they chose to “save-themselves the revictimization’ by police and courts.” Other women who have come forward have told researchers that they would no do so again, because of the unsympathetic and careless treatment they received from police and other criminal justice officials .
It should be pointed out, however, that reporting rates for sexual assault have risen considerably since the law was changed in 1983; by 1989 the incidence of reports was 127 times higher than it had been in 1982. Likely reasons include the law itself, growing number of sexual assault victims can receive help and counselling, and efforts by legislators and activist to remove the prejudice against the testimony of the victims.
Testifying in Court leads to a “Second Rape.”
Heather Maclvor 19 96 ( Women and politics in Canada By Heather Maclvor, 1996
A woman who has been sexually assaulted will often refuse to report the crime to the police, for fear that they will not believe her. It is difficult to talk about private matters at the best of times; telling a stranger about a sexual assault, when one is in a state of extreme shock, confusion, pain, and self-doubt, can be almost as traumatic as the assault itself (hence the term “second rape”). When the police express skepticism, or ask the victim what she did to “get herself raped.” the ordeal becomes even worse. One
Canadian study found that 62% of women had been sexually assaulted refused to report the crimes to the police. Many remained silent because they were aware of the gender-biased attitudes among law-enforcement officials, and they chose to
“save-themselves the revictimization’ by police and courts.” Other women who have come forward have told researchers that they would no do so again, because of the unsympathetic and careless treatment they received from police and other criminal justice officials . It should be pointed out, however, that reporting rates for sexual assault have risen considerably since the law was changed in 1983; by 1989 the incidence of reports was 127 times higher than it had been in
1982. Likely reasons include the law itself, growing number of sexual assault victims can receive help and counselling, and efforts by legislators and activist to remove the prejudice against the testimony of the victims.

ADI 2010
Argumentation Lab
21
Trafficking Aff
(Carole, “Immigration relief for human trafficking victims:
Focusing the lens on the Humans rights of the Victims,”
5/14/2008 http://digitalcommons.law.umaryland.edu/cgi/viewcontent.cgi?article=1026&context=wle_papers accessed 7-30-10)
It is vital that legislation to combat human trafficking is crafted using a human lens.
In particular, it is imperative that policy makers pay particular attention to the protection of women’s human rights. Approximatelty 80 percent of trafficking victims are female, and 70 percent of those female victims are trafficked for the commercial sex industry.
Emphasizing human rights when crafting public policy to combat trafficking will result in legislation that respects a victim’s autonomy and provide both victim and prosecutor a wider variety of options.
Placing survival over individual autonomy replicates authoritarian regimes of control, subjugating individual rights to the values held by those in power
Christopher H. Schroeder, Professor of Law, Duke University; Visiting Professor of Law, UCLA 1985-86, 1986,
Columbia Law Review, Rights Against Risks, 86 Colum. L. Rev. 495
Actually, expanding the idea of preservation to include bodily integrity on the basis of quality of life considerations has already pointed the way to a more realistic statement of those individual characteristics worth protecting.
The same considerations of quality of life counsel recognizing some freedom of action and initiative within the definition of the morally relevant aspects of the individual.
Doing so is consistent with a long political and philosophical heritage. 90 Deeply ingrained in practically all theories of the rights tradition is the vision of a person as capable of forming and entitled to pursue some individual life plan. 91 Given this vision , placing survival or bodily integrity absolutely above all other ends would be tantamount to saying that the life plan that one ought to adopt is that of prolonging life at all costs. That idea is unacceptably authoritarian and regimented. It would be extremely anomalous for a theory supposedly centered on the autonomy of the individual to result in a conception of justice that constrained all individuals to a monolithic result. Individual human beings want more from their lives than simple [*520] bodily integrity, and the conception of an individual, of what defines and constitutes a person, as so limited is peculiarly impoverished. Individuals are capable of formulating and pursuing life plans, of forming bonds of love, commitment, and friendship on which they subsequently act, of conceiving images of self- and community-improvement. Some of these may directly advance interests in human survival, as when dedicated doctors and scientists pursue solutions to cancer or develop chemical pesticides with a view to assisting agricultural self-sufficiency in developing countries. Some may dramatically advance the "quality of life," rather than survival itself, as when
Guttenberg's press made literature more widely available or when Henry Ford pioneered the mass production of the automobile. However, even individual initiatives of much less demonstrable impact on the lives of others constitute a vital element that makes human life distinctively human. A just society ought to understand and value this element both in the concrete results it sometimes produces and in the freedom and integrity that are acknowledged when individual liberty to conceive and act upon initiative is respected.

ADI 2010
Argumentation Lab
22
Trafficking Aff
(Michelle,
“Driven by Globalization, Today's Slave Trade Thrives at
Home and Abroad, 6-18-10, http://www.inthesetimes.com/working/entry/6119/driven_by_globalization_todays_slave_trade_thrives_at_home_and_abroad/
, 07-28-10,
JRM)
The 2010 Trafficking in Persons report , a global review of human trafficking and civic and legal responses to it, for the first time ranks the United States among the nations that harbor modern-day slavery .
Although the report gives the United States relatively high marks for its law enforcement and civic efforts to combat trafficking, victims are scattered throughout the workforce: the captive migrant tomato picker, the prostitute bonded by a smuggling debt, the domestic servant working around the clock without pay.The media have often focused on dramatic narratives of young girls lured into prostitution rings. But government data suggests that "more foreign victims are found in labor trafficking than sex trafficking," particularly in "above ground" sectors like hotel work and home health care. Official estimates vary widely, but the number of victims could be more than 12 million children and adults worldwide.Although citizens have also been trafficked, immigrant workers are uniquely at risk.
The top countries of origin for foreign trafficking victims, according to the State Department, are Thailand, Mexico, Philippines, Haiti, India,
Guatemala and the Dominican Republic.Today's slave trade capitalizes on vast inequalities across national borders, wrought by migration and economic globalization. Many governments have instituted anti-trafficking policies, but with uneven success. The TIP report states that
23 countries got an “upgrade” in the ranking of their anti-trafficking programs. But 19 countries were “downgraded” due to “sparse victim protections, desultory implementation, or inadequate legal structures.”Despite the country's relative wealth and sophisticated legal infrastructure, slavery trickles into the United States the same way it does everywhere else, through deep cracks in labor and immigration laws.
Victims often remain hidden because they fear the cost of attempting escape; they depend on their bosses not only for their livelihoods but also protection from immigration authorities if they are undocumented.
(Dina Francesca, “Used, Abused,
Arrested and Deported: Extending Immigration Benefits to Protect the Victims of Trafficking and to Secure the
Prosecution of Traffickers,” Human Rights Quarterly Vol 26: 2 May 2004, p. 223, http://www.jstor.org/stable/20069727 mrw)
Trafficking in human beings is an extremely lucrative business , with profits estimated at $7 billion per year 3 and a seemingly endless supply of persons to traffic, estimated at between 700,000 and four million new victims per year .4 Trafficked persons, typically women and children, can be sold and resold, and even forced to pay back their purchasers for the costs incurred in their transport and purchase .5 In fact, the United States Central Intelligence Agency estimates that traffickers earn $250,000 for each trafficked woman.6 Economic instability, social dislocation, and gender inequality in transitioning countries foster conditions ripe for trafficking.
HUMAN TRAFFICKING IS A FORM OF MODERN DAY SLAVERY
LOPICCOLO 9 (Julie Marie, J.D. Candidate 2010, Whittier Law School; B.A. in History, San Diego State University, 2005NOTE AND
COMMENT: WHERE ARE THE VICTIMS? THE NEW TRAFFICKING VICTIMS PROTECTION ACT'S TRIUMPHS AND FAILURES IN
IDENTIFYING AND PROTECTING VICTIMS OF HUMAN TRAFFICKING, Whittier Law Review, 30 Whittier L. Rev. 851, Summer, L/N bjn
Not all victims of trafficking are forced to work as prostitutes or in other forms of sexual exploitation. n26 Many victims are brought to the
United States in the same manner as described above, but instead are forced to perform hard labor for little or no compensation . n27 In a [*855] more recent New York case, United States v. Sabhani, et al., two defendants held their victims as slaves in their luxurious home in Long Island. n28 The victims were forced to sleep on mats on the floor, barely fed, threatened with violence, and were frequently beaten . n29 The couple was eventually convicted of forced labor and harboring illegal aliens for keeping the two Indonesian women in their home. n30 There is, however, no mention of the length of the sentence that they received. n31
Trafficking is indeed a " "form of modern day slavery' and has become" more profitable as a result of globalization, which has increased the ease of moving goods and services in the international market. n32 Although state sanctioned slavery no longer exists, the demand for cheap labor and prostitutes continues. As a result, a black market of trafficking of human beings has arisen to fill that demand. n33

ADI 2010
Argumentation Lab
23
Trafficking Aff
(American Civil Liberties Union, “Human Trafficking: Modern Enslavement of Immigrant Women in the United States,” May
31, 2007, http://www.aclu.org/womens-rights/human-trafficking-modern-enslavement-immigrant-women-united-states , accessed 7-30-10 )
Human trafficking is a modern form of slavery. It is an extreme form of labor exploitation where women, men and children are recruited or obtained and then forced to labor against their will through force, fraud or coercion.
Trafficking victims are often lured by false promises of decent jobs and better lives. The inequalities women face in status and opportunity worldwide make women particularly vulnerable to trafficking.
While some trafficking victims are forced to work in the sex trade, many others are forced to perform other types of labor, such as domestic servitude, factory work or agricultural work. Trafficking victims commonly experience physical and psychological abuse, including beatings, sexual abuse, food and sleep deprivation, threats to themselves and their family members, and isolation from the outside world.
Under U.S. law, a person is placed in conditions of forced labor if they are forced to work against their will through actual or implied threats of serious harm, physical restraint or abuse of the law.2 If the person is forced to work through physical force or threats of physical force, they are victims of involuntary servitude.3 A person is subjected to peonage if that person is compelled by force, threat of force or abuse of the law to work against their will in order to pay off a debt.4 If the value of a person’s work is never reasonably applied towards payment of the debt, the person has been subjected to debt bondage.5
The International Labor
Organization (ILO) estimates that at least 12.3 million people are victims of forced labor at any given time, 2.4 million of whom toil in forced labor as a result of trafficking .7 The U.S. Department of State estimates that 14,500 to 17,500 people are trafficked into the United States each year .8 However, these numbers do not include the many individuals trafficked within U.S. borders.

ADI 2010
Argumentation Lab
24
Trafficking Aff
(Melanie, Population Reference Bureau,
“Trafficking in Persons: Myths, Methods, and Human Rights, Popular Reference Bureau,” http://www.prb.org/Articles/2001/TraffickinginPersonsMythsMethodsandHumanRights.aspx 7-30-10) //MR
Trafficking has turned into a big business ; according to the CRS
, trafficking in people represents the third largest source of profits for organized crime after drugs and guns, generating billions of dollars each year. Organized crime groups operating within and across borders often run trafficking networks.
These networks are structured, organized, well-funded, and operated beyond the reach of law enforcement. Some traffickers are individuals or small groups that traffic people for specific purposes.
[Kathleen K. Hogan*, New York State Senate Legislative Fellow, Office of Senator John J. Flanagan, SLAVERY IN THE 21st
CENTURY AND IN NEW YORK: WHAT HAS THE STATE'S LEGISLATURE DONE? Albany Law Review, 71 Alb. L. Rev. 647, 2008]
[*650] Human trafficking is a very profitable form of organized crime . n11 It is the most profitable form of illegal trade worldwide, second to the trafficking of arms and drugs. n12 Criminal groups make more than nine billion dollars in annual revenue globally from the trafficking of human beings . n13 Furthermore , it is estimated that 800,000 to 900,000 people are trafficked each year across international borders .
n14 The federal government estimates that nearly 18,000 persons are trafficked annually into the United States. n15 International trafficking victims have been identified in
[*651] twenty states, with the majority located in Florida, California, and New York. n16
(David A. Feingold, “Think Again; Human Trafficking” 6/29/2010 Foreign Policy http://www.hrusa.org/workshops/trafficking/ThinkAgain.pdf)
Trafficking is big business, but
Traffickers are as varied as the circumstances of their victims. Although some trafficking victims are literally kidnapped, most leave their homes voluntarily and become trafficked on their journey.
.
The worldwide trade in persons has been estimated by the United Nations Office on Drugs and
Crime at $7 billion annually, and by the United Nations Children’s Fund at $10 billion—but, of course, no one really knows. The ILO estimates the total illicit profits produced by trafficked forced laborers in one year to be just short of $32 billion.Although that is hardly an insignificant amount, it isa small business compared to the more than $320 billioninternational trade in illicit drugs.

ADI 2010
Argumentation Lab
25
Trafficking Aff
PROVING THE SEVERE TRAFFICKING IS DIFFICULT
LOPICCOLO 9 (Julie Marie, J.D. Candidate 2010, Whittier Law School; B.A. in History, San Diego State University, 2005NOTE AND
COMMENT: WHERE ARE THE VICTIMS? THE NEW TRAFFICKING VICTIMS PROTECTION ACT'S TRIUMPHS AND FAILURES IN
IDENTIFYING AND PROTECTING VICTIMS OF HUMAN TRAFFICKING, Whittier Law Review, 30 Whittier L. Rev. 851, Summer, L/N bjn
The TVPA defines "severe forms of trafficking in persons" as :
(A) 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 (B) 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 . n85 It is interesting that in order for the trafficking to be severe, there must be force, fraud, or coercion. This distinction is important because certain protection and assistance is only available to victims of severe trafficking. Force, fraud, or coercion may also be difficult to prove for victims who arranged for their transport through someone they trusted in their home communities .
Also, there is only increased protection for minors who are victims of sex trafficking. Minors involved in involuntary servitude, peonage, debt bondage, or slavery, must also show force, fraud, or coercion.
(Carole, “Immigration relief for human trafficking victims:
Focusing the lens on the Humans rights of the Victims,”
5/14/2008 http://digitalcommons.law.umaryland.edu/cgi/viewcontent.cgi?article=1026&context=wle_papers accessed 7-30-10)
To effectively address the trafficking phenomenon, policymakers must use a victim-centered approach that focuses on human rights, rather than ones that solely approach that focus solely on the narrowing of immigration laws or prosecution . If anti-trafficking initiates employ only immigration tools, such as tightening the boarders and the restricting of visas, there will be an increased demand for black market smuggling, limiting the victims’ to cross legally. This would defeat the efforts to combat human trafficking by empowering the trafficker and providing for further exploitation of the victim.
Approaching human trafficking with only prosecutable tools is similarly ineffective . This approach focuses the effort on prosecution rather than protection, potentially turning victims into disposable witnesses and diverting attention from the promotion from the promotion of human rights. Worse yet, this approach criminalizes victimizes, inhibiting their ability to utilize the legal system for protection or prosecution .

ADI 2010
Argumentation Lab
26
Trafficking Aff
CONDITIONING ON CO-OP BAD
Jayashri Srikantiah** Associate Professor of Law and Director, Immigrants' Rights Clinic, Stanford Law
School. Boston University Law Review 15:157 LEXIS
Despite the availability of T visas since the enactment of the TVPA in 2000, only 616 victims have successfully obtained relief . n9 Existing critique has focused on the law enforcement cooperation requirement of the T visa and the TVPA's trafficking definition. n10 While I agree with that critique in part, this Article suggests additional reasons for the failure of the visa that focus on federal agency implementation of the statute. I suggest that the implementing [*160] agencies - the Department of
Homeland Security (DHS) and the Department of Justice (DOJ) - have narrowed the availability of the
T visa even beyond the statutory language of the TVPA.
n11 Agency implementation has focused on the prosecutorial goals of the T visa, ignoring its humanitarian purposes. On a structural level, agency regulations place the responsibility of identifying trafficking victims and assessing victims' cooperation with law enforcement in the hands of prosecutors and agents responsible for investigating traffickers.
The same agent or prosecutor who decides whether a victim would be a good witness also decides whether the individual is a victim for the purposes of the T visa . I suggest that this conflict results in a failure to identify as trafficking victims those who do not present themselves as good prosecution witnesses. n12 Placing the victim identification function in prosecutorial hands also leads to non-uniform results, with each prosecutor or investigator making determinations based on her own conception of who is a deserving trafficking victim .
Jayashri Srikantiah** Associate Professor of Law and Director, Immigrants' Rights Clinic, Stanford Law
School. Boston University Law Review 15:157 LEXIS
Regulations impose a tough standard on victims who fail to obtain the LEA endorsement. These victims lack primary evidence of victim status and cooperation with law enforcement and must rely instead on secondary evidence in their T visa applications. n143 Yet documentation and witnesses of victimhood in the trafficking context are difficult to obtain.
Trafficking victims are often isolated from public view, and there are rarely witnesses or physical evidence corroborating the victim's story. n144 It is also challenging for a survivor to document threats and intimidation in the source country, where police reports may not have been made. n145 Demonstrating cooperation with law enforcement is equally burdensome. The regulations suggest that victims provide, among other things, "trial transcripts, court documents, police reports, news articles, and copies of reimbursement forms for travel to and from court ." n146
Such evidence may be difficult to obtain in practice. Some cases may not be reported in the news, and victims - who are typically isolated before escaping from their traffickers - may not have filed police reports in advance of the trafficker's arrest.
Even if a victim attempts to file a police report after escape, law enforcement may not investigate her case. Some investigations may never lead to prosecution. In those that do, criminal evidence may never become public (if information is filed under seal), or may take months or years to become public, by which time the survivor's T visa application may be denied . n147
[*183] The victim's efforts to compile the necessary secondary evidence are complicated by the fact that, without an LEA endorsement or continuing presence status, victims are not entitled to federally funded social services and must instead rely on charity. n148 The need for these services is severe immediately upon escape, when victims require the most intense stabilization and care, n149 and continues with the uncertainty of waiting for immigration status and social service benefits . n150

ADI 2010
Argumentation Lab
27
Trafficking Aff
Kevin Bales, President, Free the Slaves; Laurel E. Fletcher, Acting
Clinical Professor of Law and Director of the International Human Rights Law Clinic, University of California, Berkeley, School of Law
(Boalt Hall); Eric Stover, Director of the Human Rights Center and Adjunct Professor of Public Health, Berkeley Journal of
International Law 23 Berkeley J. Int'l L. 47 LEXIS)
The U.S. government has been a leader in recognizing and combating forced labor worldwide . The Trafficking Act embodies an aggressive, proactive approach to the problem of human trafficking and forced labor that:
criminalizes procuring and subjecting another human being to peonage, involuntary sex trafficking, slavery, involuntary servitude, or forced labor;
. provides social services and legal benefits to survivors of these crimes, including authorization to remain in the country;
. provides funding to support protection programs for survivors in the United States as well as abroad; and
. includes provisions to monitor and eliminate trafficking in countries outside the United States.
Despite these considerable advancements , the Trafficking Act has some notable shortcomings. The act conditions immigration relief and social services on prosecutorial cooperation and thus creates the perception that survivors are primarily instruments of law enforcement rather than individuals who are, in and of themselves, deserving of protection and restoration of their human rights
CURRENTLY ONLY PEOPLE WHO LAW ENFORCEMENT RESCUES GET HELP AND
MOST ARE NOT RESCUED
HAYNES Associate Professor of Law, New England Law; 8
(Dina Francesca, GOOD INTENTIONS ARE NOT
ENOUGH: FOUR RECOMMENDATIONS FOR IMPLEMENTING THE TRAFFICKING VICTIMS PROTECTION ACT, University of St.
Thomas Law Journal, 6 U. St. Thomas L.J. 77, Fall, L/N bjn)
The crucial difference between Alma's and Beti's cases is the raid by ICE officers, who were on hand to witness Alma's gruesome situation, but not Beti's. At the moment ICE raided Alma's house and rescued her from the employers who had enslaved her,
ICE law enforcement officers believed that Alma was a victim of human trafficking . Because they believed her , having rescued her and seen her indentured servitude with their own eyes, they also believed in her, and wanted to assist her with securing all of the assistance they could and that they thought she deserved. Consequently, they strove to access the aspects of the law on her behalf which would be most beneficial to her.
The law enforcement officers who rescued Alma were able to ensure that the U.S. Attorney's office and eventually even the Department of
Justice's [*81] own new Human Trafficking Prosecution Unit took note of and prosecuted the case. Because they believed her and believed in her, they worked closely with her, not only ensuring her emergency housing and services, but supplying her with the certification necessary to entitle her to longer-term shelter, food, job and language training, and, ultimately, the ability to apply for a T visa .
n8
Because the law enforcement officers who rescued Alma believed that she was a victim of human trafficking who deserved a much better life than the one from which they had personally rescued her, Alma is a healthy and happy young woman today. This was a successful case of which law enforcement and the U.S. government are justifiably proud.
But not every legitimate victim of human trafficking is or could possibly ever be rescued by law enforcement . In fact, very few are rescued . Estimates as to the number of persons trafficked into the United
States each year have varied widely, but range between 17,500 n9 and 50,000 n10 new victims per year. As of 2008, there were seven prosecutors in the Human Trafficking Prosecution Unit, ninetythree U.S. Attorneys, n11 and thousands of ICE officers, whose primary responsibility is to look for, find and arrest undocumented immigrants. In the year 2007, as a point of reference, the DOJ's Human Trafficking Prosecution Unit, working with all of its U.S.
Attorneys and their investigators combined, initiated 183 investigations, charged 89 defendants in 32 cases, and obtained 103 convictions involving human trafficking. n12
If you put together the large number of victims estimated to enter the United States each year with the respectable, yet nevertheless small, number of prosecutors who have fewer still law enforcement officers working exclusively on human trafficking, it becomes easy to see that victims of human trafficking are not likely to be rescued. Nor, unfortunately, are they likely to have their particular case and story come to the attention of a federal prosecutor.

ADI 2010
Argumentation Lab
28
Trafficking Aff
(Carole, “Immigration relief for human trafficking victims:
Focusing the lens on the Humans rights of the Victims,”
5/14/2008 http://digitalcommons.law.umaryland.edu/cgi/viewcontent.cgi?article=1026&context=wle_papers accessed 7-30-10)
For victims who manage to escape on their own, without federal law enforcement assistance, this requirement mean that they must show assistance, this requirement means that they must show that they did not have a clear chance to leave the United States in the between escaping their traffickers and receiving assistance form a LEA, which is a heavy burden on the victim . Children under fifteen years of age are not required to meet this standard.To demonstrate this requirement, applicants should rely heavily on the regulation’s nonexhaustive list of “circumstances attributable to the trafficking in persons situation,” such as “trauma, injury, lack of resourses, or travel documents that have been seized by the traffickers.”
(Claire, “The Trafficking Victims Protection Act of
2000: Three Years Later,” International Organization for Migration , Volume: 41, Issue: 5, 23 Jan 2004, page 223-
224, MCE).
"There are also two particular elements of the T-Visa application that cause problems for trafficked individuals seeking relief. The first element is the requirement, for victims older than age 18, to comply with reasonable requests by law enforcement investigations. Mitros said that this is an issue with her clients, “particularly those who understand their particular story … as influenced by a larger web or organized crime .
Many victims fear that cooperation will result in harm to their families in their home country by associates of the traffickers.” However, Mitros’s organization has “had relatively few that have been so reticent to participate that it has significantly slowed or stopped their case, but most express concerns” (Mitros, 2003). The requirement that trafficked individuals must
“demonstrate that they would suffer extreme hardship involving unusual and severe harm if they were removed from the United States” has proved to be a higher burden.11 According to Mitros , this may be a very difficult standard to meet, but it has not yet been determined whether the T-Visa standard will be applied as strictly as it reads.
If it is applied strictly, clients who “fled their home countries for purely economic reasons and were not trafficked by organized crime with webs of influence in their home communities” might not fit easily into the T-Visa requirements, but instead are required to “fit their story of being trafficked into essentially inappropriate parameters, a struggle for them and their advocates” (Mitros, 2003).
Additionally, the National Network on Behalf of Battered Immigrant Women’s (2002) has expressed a concern that child victims of trafficking will not be able to articulate “extreme, unusual, and severe” hardship well enough to satisfy the burden of the application."
THE ACT REQUIRES COOPERATION WITH THE PROSECUTORS WHICH IS WHY T VISAS
APPLICATIONS ARE SO LOW SINCE THE IMPLEMENTATION OF THE ACT
MACIEL-MATOS 10 (ENRIQUE A., COMMENT: BEYOND THE SHACKLES AND CHAINS OF THE MIDDLE PASSAGE:
HUMAN TRAFFICKING UNVEILED, The Scholar: St. Mary's Law Review on Minority Issues, 12 SCHOLAR 327, Winter, l/n bjn)
The TVPA sets forth the guidelines for how assistance to victims , both abroad and in the United States , is to be administered . n42 The TVPA provides immigration status to non-citizen victims of trafficking who, upon rescue, face deportation to countries in which they may suffer retaliation or even re-enslavement. n43 Interestingly, these benefits are only available to those victims of human trafficking who "agree to cooperate with law enforcement in the investigation or prosecution of their trafficking cases." n44 Thus , the TVPA denies assistance and protection to those many victims who are too scared or traumatized to effectively assist the capture and prosecution of their abusers . n45
The three types of immigration benefits available to non-citizen trafficking victims are: (1) the "continued presence" temporary immigration benefit through which a witness to a trafficking crime can secure protection from deportation; (2) the temporary immigration benefit of T visa status, which lasts up to three years; and (3) lawful permanent residence upon completion of the three-year T visa. n46 The TVPA sets forth the benefits and requirements for victims of human trafficking to be eligible for a T visa. n47 Currently, the TVPA caps the number of T visas that can be issued at only five thousand per year. n48
[*336] Surprisingly , since the implementation of the TVPA, there have been relatively few applicants for the T visa . n49 This perplexing fact has led many to question whether trafficking victims are choosing not to cooperate and, thereby, not qualifying for the benefits. n50 Indeed , statistics reveal that trafficking victims frequently do not cooperate with law enforcement after they are rescued . n51 Thus , the number of T visa applications is remarkably low in comparison to the number of victims of human trafficking.

ADI 2010
Argumentation Lab
29
Trafficking Aff
FORCING TRAFFICKED PEOPLE TO COOPERATE WITH PROSECUTION AND PROVING THE
SEVERE STANDARD DOES NOT WORK BECAUSE OF THE TRAUMA THEY EXPERIENCED
MACIEL-MATOS 10 (ENRIQUE A., COMMENT: BEYOND THE SHACKLES AND CHAINS OF THE MIDDLE PASSAGE:
HUMAN TRAFFICKING UNVEILED, The Scholar: St. Mary's Law Review on Minority Issues, 12 SCHOLAR 327, Winter, l/n bjn)
In order to be eligible for a T visa, a victim of human trafficking must be able to prove that he or she is a victim of a form of "severe trafficking." n52 Section 107 of the TVPA sets forth the "severe trafficking" language as a requisite for obtaining benefits and services, including eligibility for a T visa. n53 Congress defined the term "severe forms of trafficking" as:
(A) 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 [eighteen] years of age; or (B) 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.
n54
The "severe forms of trafficking" language raises two problems: the "severe" standard prevents many victims of human trafficking from becoming eligible for the T visa in the first place, and victims who do not [*337] cooperate with law enforcement are ineligible for this form of relief. n55 Thus, the word "severe" limits assistance and benefits to a particular type of victim, while creating the impression that other types of human trafficking are less offensive.
n56
Furthermore, entrusting law enforcement with the task of classifying a victim of human trafficking as one who has suffered a "severe form of trafficking" has the unfortunate effect of making eligibility for the T visa dependent upon the victim's capability to assist and cooperate in the prosecution of the trafficker . n57 Ironically , the more severe the trafficking, the more a victim may be psychologically incapable of assisting law enforcement after rescue .
Besides the possibility of developing behavioral changes , many victims of human trafficking face a constant threat of chronic traumatic stress and anxiety . n69 In dealing with such high levels of stress and anxiety, a trafficking victim may continuously resort to dissociation in an effort to cope [*339] with even the most minimal stress triggers. n70 This response can "lead to changes in how victims relate to or trust themselves and others." n71 One such adaptation to stress and anxiety is referred to as "learned helplessness." n72 Victims may become extremely submissive, even learning to identify with their traffickers. n73 This, in turn, may cause a victim to become protective of his or her captor, excusing "violent behavior as an aberration ." n74
All of these psychological and behavioral reactions can lead trafficking victims to act in an illogical manner . n75 One example of such illogical behavior occurs when an apparently willing victim does not seem to want assistance, which may lead a casual observer to conclude that the victim's story has no credibility . n76 It is this response to severe and prolonged violence that leads many victims to resist cooperating with law enforcement, making them ineligible for badly needed immigration relief.
(The New T Visa: Is the Higher Extreme
Hardship Standard Too High for Bona Fide Trafficking Victims? The New England Journal of International and
Comparative Law, Vol. 9:1 2003) //MR
There are many aspects of the TVPA that are valuable. The United States is taking a much-needed first step to combat this horrific crime. In attempting to treat trafficking victims as the victims that they are, the new T visa will fall short of its aim to protect trafficking victims. The heightened extreme hardship standard appears unattainable for bona fide trafficking victims.
The judicially-carved interpretations of what has been defined as extreme hardship gives some guidance to what this heightened extreme hardship standard will be. That guidance does not appear to give trafficking victims much hope in reaching that standard.

ADI 2010
Argumentation Lab
30
Trafficking Aff
08 TVPA
THE 2008 REAUTHORIZATION STILL HAS THE SEVERE LANGUAGE IN IT WHICH NEEDS TO BE
TAKEN OUT
LOPICCOLO 9 (Julie Marie, J.D. Candidate 2010, Whittier Law School; B.A. in History, San Diego State University, 2005NOTE AND
COMMENT: WHERE ARE THE VICTIMS? THE NEW TRAFFICKING VICTIMS PROTECTION ACT'S TRIUMPHS AND FAILURES IN
IDENTIFYING AND PROTECTING VICTIMS OF HUMAN TRAFFICKING, Whittier Law Review, 30 Whittier L. Rev. 851, Summer, L/N bjn
Also, the definition of trafficking remains the same, including the inherent problems within the definition , as previously discussed. n213 This includes the problem of equating non-severe sex trafficking with voluntary prostitution . n214 This takes away valuable resources from [*882 ] those who are victims of force and coercion, who are the victims the TVPA is designed to protect, and is struggling in many ways to do so.

ADI 2010
Argumentation Lab
31
Trafficking Aff
Federal Government
(Eileen, Comment: Human Trafficking: The Need for
Federal Prosecution of Accused Traffickers,” Seton Hall University School of Law, 2009, Lexis, mrw)
Current state and federal capabilities and the potential immigration challenges faced by victims in state cases support the proposition that the federal government is best equipped to prosecute human trafficking. The need for effective deterrence of traffickers, the amount of federal laws with which to charge traffickers, and the extensive reach of federal jurisdiction suggest that the federal government should handle the bulk of trafficking prosecutions . Additionally, the failure of various states to utilize trafficking statutes and the reluctance of local prosecutors to charge defendants with human trafficking suggest that state governments should pursue a secondary, action-support role.
As such, local prosecutors should collaborate with the U.S. Attorneys to make human trafficking a federally prosecuted crime.
(Eileen, Comment: Human Trafficking: The Need for
Federal Prosecution of Accused Traffickers,” Seton Hall University School of Law, 2009, Lexis, mrw)
Human trafficking investigations and prosecutions are most effective and efficient at the federal level because of extensive federal resources and the experience of federal law enforcement. n92 The bulk of state law enforcement resources are swallowed by routine criminal prosecutions. Asking states to actively investigate and prosecute human trafficking would have a detrimental impact on other criminal [*647] investigations by stretching already limited resources and funding . The federal governmen t, in contrast, employs a robust budget to actively investigate and prosecute human traffickers . n93 Simply stated, the federal government has the national power, international presence, funding, manpower, and specialized knowledge necessary to effectively combat trafficking in persons.
(Eileen, Comment: Human Trafficking: The Need for
Federal Prosecution of Accused Traffickers,” Seton Hall University School of Law, 2009, Lexis, mrw)
Funding is another significant advantage of federal investigation and prosecution. Both the FBI and the Department of Homeland Security are statutorily provided millions of dollars per year to combat human trafficking.
n105 Congress also earmarked several million dollars to fund federal task forces in 2006 and 2007. n106 Additionally, the TVPA authorizes the Attorney General to issue generous grants to [*649] state and local governments for the investigation and prosecution of trafficking cases and the development and improvement of law enforcement training. n107 Even with these federal funds, New Jersey's county prosecutors' offices are simply not as well funded as federal agencies.n108 Moreover, local prosecutors have little choice but to pursue the homicides, robberies, and assaults that flood their offices. The U.S. Attorneys , on the other hand , have more flexibility to reprioritize their agenda and focus on human trafficking .
(Eileen, Comment: Human Trafficking: The Need for
Federal Prosecution of Accused Traffickers,” Seton Hall University School of Law, 2009, Lexis, mrw)
Traffickers will be most effectively deterred by stiffer federal penalties, liability under various federal statutes, and the international reach of the federal government. Criminal statutes successfully deter crime when several conditions are fulfilled.
First, the potential [*653] offender must know his actions are criminal and understand the associated punishment. n135 Second, the offender must consider this information when deciding whether to commit the crime. n136 Finally, the costs of criminality must outweigh the benefits of criminality . Federal rather than state prosecution of human traffickers ensures deterrence by guaranteeing that the punishment for human trafficking outweighs any potential benefits . For deterrence to succeed, potential traffickers must understand, in a general sense, that their actions are punishable. n138 As legal and psychological researchers Paul H. Robinson and John M. Darley explain, the potential offender does not need to know anything "about the law per se, yet may through his experience and that of others ... indirectly come to understand ... the conditions of criminal liability or punishment that the criminal law sets out." n139 Assuredly, human traffickers understand that their actions are criminal. Human traffickingis not a crime derived from an abstract regulatory scheme. Rather, human trafficking derives from the most basic of crimes, including slavery, rape, and kidnapping, which have been criminalized for centuries in a variety of cultures. While traffickers may not understand that human trafficking is a specifically enumerated as a crime, they undoubtedly know these basic crimes are punishable and, by extension, understand that their own actions are criminal.

ADI 2010
Argumentation Lab
32
Trafficking Aff
SOLVENCY: SOCIAL SERVICES
http://www.freedomnetworkusa.org/trafficking_us/index.php
.
Trafficking in the U.S.
In October 2000, the Trafficking Victim Protection Act of 2000 (TVPA)
The law is comprehensive in addressing the various ways of combating trafficking, including prevention, protection and prosecution. The prevention measures include the authorization of educational and public awareness programs.
Protection and assistance for victims of trafficking under the law include making housing, educational, health care, job training and other Federally-funded social service programs available to assist victims in rebuilding their lives. The law also established the T visa, which allows victims of trafficking to become temporary residents of the US. The TVPA authorizes up to 5,000 victims of trafficking each year to receive permanent resident status after three years from issuance of their temporary residency visas .
The T visa signifies a shift in the immigration law policy, which previously resulted in many victims being deported as illegal aliens.
The law also makes victims of trafficking eligible for the Witness Protection Program .
The law makes victims of trafficking eligible for benefits and services under Federal
once they become certified by the US Department of Health and Human Services (DHHS).
Adult trafficking victims
for benefits and services. Once certified, they will be eligible to apply for benefits and services under the
, to the same extent as refugees including refugee cash, medical assistance and social services . Victims under the age of 18 do not need to be certified. DHHS issues these victims letters of eligibility so that providers know they are eligible for services and benefits.
Victims of human trafficking who are non-US citizens are eligible to receive benefits and services through the TVPA to the same extent as refugees. Victims who are US citizens do not need to be certified by DHHS to receive benefits; as US citizens, they are already eligible for many benefits.
The TVPA also created new law enforcement tools to strengthen the prosecution and punishment of traffickers, making human trafficking a
Federal crime with severe penalties.
For example, if a trafficking crime results in death or if the crime includes kidnapping, an attempted kidnapping, aggravated sexual abuse, attempted aggravated sexual abuse, or an attempt to kill, the trafficker could be sentenced to life in prison. Traffickers who exploit children
(under the age of 14) using force, fraud or coercion, for the purpose of sex trafficking (a commercial sex act1) can be imprisoned for life. If the victim was a child between the age of 14 and 18 and the sex trafficking did not involve force, fraud, or coercion, the trafficker could receive up to
20 years in prison.
Moreover, the law addresses the subtle means of coercion used by traffickers to bind their victims in to servitude, including: psychological coercion, trickery, and the seizure of documents, activities which were difficult to prosecute under preexisting involuntary servitude statutes and case law.
Trafficking Victims Protection Reauthorization Act of 2003 (click here to read the full text)
In 2003, the Bush Administration authorized more than $200 million to combat human trafficking through the Trafficking Victims Protection
Reauthorization Act of 2003 (TVPRA). TVPRA renews the US government’s commitment to identify and assist victims exploited through labor and sex trafficking in the United States.
The TVPRA provides resources and initiatives to assist the
18,000-20,000 victims of human trafficking who are trafficked into the United States every year.
It augments the legal tools which can be used against traffickers for actual and punitive damages, and by including sex trafficking and forced labor as offenses under the Racketeering influenced and Corrupt
Organization statute.
It also encourages the nation’s 21,000 state and local law enforcement agencies to participate in the detection and investigation of human trafficking cases. The US Department of Health and Human Services has a significant role in implementing the law’s victim-centered, compassionate approach to finding and aiding the victims of modern-day slave trade.
As defined by the Trafficking Victims Protection Act of 2000, the term ‘commercial sex act’ means any sex act, on account of which anything of value is given to or received by any person.
Information Source: Department of Health and Human Services, Office of Refugee Resettlement, Rescue and Restore Trafficking Victims
Protections Act 2000 Fact Sheet
1) As defined by the Trafficking Victims Protection Act of 2000, the term ‘commercial sex act’ means any sex act, on account of which anything of value is given to or received by any person.
Information Source: Department of Health and Human Services, Office of Refugee Resettlement, Rescue and Restore Trafficking Victims
Protections Act 2000 Fact Sheet
William Wilberforce Trafficking Victims Protection Act of 2008 (click here to read the full text)
On December 12, 2008 the House and Senate unanimously passed the "William Wilberforce Trafficking
Victims Protection Act of 2008" which reauthorizes the Trafficking Victims Protection Act of 2000 .

ADI 2010
Argumentation Lab
33
Trafficking Aff
(J OYCE KOO DALRYMPLE *Staff Writer, BOSTON COLLEGE THIRD WORLD LAW JOURNAL 25
B.C. Third World L.J. 451 LEXIS)
An effective anti-trafficking strategy must address the needs of victims. n11 Any plan that focuses primarily on law enforcement without comprehensively protecting the human rights of victims will fail because victims have no incentive to come forward and assist in prosecutions, as they are promised no protection if they do. n12 By not providing victims with the assistance and security they need to leave traffickers, governments permit the perpetuation of modern-day slavery or involuntary servitude.
n13
Furthermore, many countries punish victims by deporting them, effectively subjecting them to re-victimization due to the absence of real assistance in their home country. n14 Governments must understand that trafficking in persons violates the fundamental human [*454] rights principle that "all human beings are born free and equal in dignity and rights." n15
Such rights include freedom of movement and residence, n16 free choice of employment, and the right to just and favorable work conditions. n17
The United States' Trafficking Victims Protection Act of 2000
( TVPA) would effectively combat trafficking by addressing the needs of trafficking victims with a view towards human rights . n18
Before the promulgation of the
Act, the government routinely detained and deported victims to their home countries if they were not material witnesses. n19 By decriminalizing victims and giving them lawful immigration status in the United States, the TVPA grants victims the same civil rights afforded to legal immigrants. n20 This change in the legal status of trafficking victims rightfully recognizes that it is not the trafficked but the traffickers who still are the "problem." n21
This Book Review, however , contends that the TVPA does not adequately protect trafficked individuals. n22
Unless the TVPA is altered, [*455] the number of victims assisted and the number of traffickers convicted will remain appallingly low.
n23 According to a 1999 CIA report, fifty thousand women and children were trafficked to the United States every year; in comparison, the number actually
"rescued" was alarmingly small, and remains so . n24 Since the passage of TVPA in 2000 through the end of 2003, only 448 victims have been certified or issued refugee benefits eligibility letters from the Department of Health and Human Services. n25
How could the TVPA better serve its stated goal to eliminate trafficking and protect trafficking victims? n26 First, most victims need immediate secure shelter and access to legal resources before they leave their abusers . n27 While the Act allows certified trafficked persons to receive benefits equivalent to those of refugees, the requirements for certification are too stringent, deterring victims from coming forward or denying relief to those who have not been trafficked with enough force. n28 Unless they qualify as victims of a "severe form of trafficking," they risk deportation. n29 Furthermore, the additional criteria [*456] that victims must meet in order to remain in the United States are likewise too severe . n30
(Dina Francesca, ARTICLE: GOOD
INTENTIONS ARE NOT ENOUGH: FOUR RECOMMENDATIONS FOR IMPLEMENTING THE TRAFFICKING VICTIMS
PROTECTION ACT,” University of St. Thomas Law Journal, Fall 2008, Lexis, mrw)
The lack of capacity for federal investigations and prosecutions is creating a bottleneck, such that lower level federal attorneys and investigators are unwilling or unable to investigate cases, particularly those which may at first seem weak . Lack of capacity to prosecute alone , however , does not explain the unwillingness to move forward with investigating claims of potential trafficking victims. Instead, there is a lack of understanding about the law and what it means to have been trafficked, a lack of willingness to recognize and believe victims who were not rescued by law enforcement officers, and a basic lack of will to prioritize the protection of victims of human trafficking . The right to assess the strength of a case for prosecution belongs solely to the prosecutor, but in the case of human trafficking , law enforcement officers are wrongly pretermitting potential investigations . They prematurely decide that a case has too little evidence, that the likelihood [*83] of a successful prosecution is too slim, or that prosecutors will not be interested in the case.
They then fail to assist the victim , wrongly acting as if the ability or willingness of a prosecutor to ultimately go forward with investigating or prosecuting a case is a precondition to listening to and then certifying the victim for victim protection services. This is not the case.

ADI 2010
Argumentation Lab
34
Trafficking Aff
[Jennifer M. Chacon, Assistant Professor, University of California, Davis, School of Law, MISERY AND MYOPIA:
UNDERSTANDING THE FAILURES OF U.S. EFFORTS TO STOP HUMAN TRAFFICKING, 74 Fordham L. Rev. 2977, May, 2006, lexis]
The enforcement of trafficking laws in the United States to date has not reflected this broad understanding of trafficking . This is likely due in part to the fact that some members of Congress were quite vocal in their desire to exclude from the Act's protections any victim who consented to some aspect of his or her transportation or employment .
n271 Their concern seemed to be that migrants might use the TVPA to obtain immigration benefits after participating in their own smuggling. These sentiments concretely affected the drafting of the TVPA.
The decision to restrict the full protections of the Act to "severe victims of trafficking in persons" was a deliberate effort to deny immigration benefits to individuals who, while exposed to conduct that constitutes trafficking, gave consent at some point during the process of their transportation or employment . n272 The result is a law that limits the availability of protective services , but encourages broad use of the term "trafficking" in the context of prosecution. Thus, Congress's recognition that trafficking victims ought not be considered criminals n273 has been unnecessarily constrained by the unwillingness of many legislators to recognize that not all trafficking victims are completely "innocent," when "innocence" is understood to require the complete absence of consent at all stages of transportation and employment . Congress's decision to narrow the class eligible for assistance under the Act has affected prosecution and outreach efforts under the TVPA. Assistance to individuals who may have played some volitional role in their transportation or employment, but who are now trapped in virtual slavery, is disfavored . Furthermore, because the TVPA provides the only available form of assistance to these individuals in a world where labor law enforcement turns a virtual blind eye to their exploitation, many of the trafficking victims in the State Department's annual statistics will never be aided by either the TVPA or the other laws that the TVPA was designed to supplement . n274 The present unwillingness to extend protections to "illegal [*3023] workers" absent a showing of their "innocence" embeds into the TVPA the same immigration and labor law policies that have created a haven for trafficking and migrant exploitation .
Immigration law has long categorized individuals who have been exploited in the workforce as criminals rather than victims. n275 These distinctions have been fueled by developments in labor law. Beginning well before Hoffman Plastic, but even more so after that decision, courts have interpreted the enforcement of IRCA provisions to require a clear distinction between legal workers, entitled to the full protection of labor laws, and undocumented workers who are not entitled to full restitution. Rather than allowing for a reassessment of these policies, the TVPA mirrors them . Congressional debate over the TVPA also failed to acknowledge the complexities of identifying trafficking victims . Legislators tended to paint trafficking victims as ignorant and innocent victims, targeted by evil traffickers operating sophisticated international crime rings. n276 Unexamined in the debate over trafficking was the fact that the rigid distinction between trafficking and smuggling grows less and less viable. The militarization of the border has actually increased the power of smugglers, and increased the range of their criminal activity in such a way as to increase, rather than decrease, incidents of trafficking . n277 The line between smuggling and trafficking has blurred as heightened border security gives smugglers greater control over migrants and allows them to command larger fees. Ironically, then, the increased militarization of the border that has occurred over the past ten years has probably converted what might once have been a simple act of smuggling into a more abusive act of trafficking. n278 At the same time, the TVPA defines trafficking in a way that excludes many of these new victims from the Act's protections .
[*3024] This simplistic understanding of the trafficking victim creates concrete problems : Advocates for clients who are potentially classifiable as victims of trafficking may be unable to readily determine which of their clients are eligible for relief under the TVPA and which of them will be subject to deportation . And because
Congress has thus far failed to address the shortfalls of other labor protections for undocumented migrants, and has increased the likelihood that undocumented migrants will not have reliable legal means for remaining in the country, those migrants who do not qualify as trafficking victims seldom qualify for any other meaningful remedies against their employers, and are at high risk for removal . Current labor and immigration policies favor deportation as the remedy for ending the exploitation of undocumented workers and interdiction as the preventative strategy . These policies continue to cancel out many of the potential benefits of the TVPA.
Until there is a willingness to provide more assistance - or at least enforce pertinent labor protections - for those "smuggled" noncitizens who toil in virtual slavery, most of the tens of thousands of "trafficking victims" who are included in the annual estimates will never actually be aided by the Act.
Many instances of trafficking could be effectively addressed through three simple steps. First, allow all workers to seek remedies under Commerce Clause-based and Thirteenth Amendment-based laws. Second , when necessary, provide workers with legal protection allowing them to remain in the United States while pursuing meritorious claims . Third, rather than guiding prosecutors to look for narrowly defined instances of trafficking, encourage them instead to pre`ss criminal charges against those employers who exploit their employees.
In the absence of such policies, even bona fide "severe victims of trafficking in persons" - not to mention those workers whose exploitation constitutes something less in the eyes of the law - will continue to live at the mercy of their employers . In the quest for the innocent victims, we have left countless vulnerable individuals outside

ADI 2010
Argumentation Lab
35
Trafficking Aff
[Free the Slaves and Human Rights Center of the University of California Berkeley, “Hidden
Slaves: Forced Labor in the United States,” Berkeley Journal of International Law, 23 Berkeley J. Int'l L. 47 2005]
Despite their strengths, both international and
U.S. anti-trafficking laws suffer similar weaknesses when it comes to protections for victims. Although the U.N. Protocol and the U.S. Trafficking Act are explicit in recognizing that trafficked individuals are victims of a crime rather than illegal migrants, they are by no means consistent in this victim-centered approach. The Trafficking Protocol makes state provision of immigration relief, social services, and compensation to victims discretionary as opposed to mandatory. While the U.S. law goes further and establishes regulations to provide immigration status and social services to victims
, it provides these benefits only to victims of a "severe form of trafficking" who are involved with the prosecution of their traffickers .
Furthermore, conditioning immigration relief and social services on cooperation with prosecution creates the perception that victims are primarily instruments of law enforcement rather than individuals who are , in and of themselves, deserving of protection and restoration of their human rights.
The Trafficking Act also contains
"definitional inconsistencies" that may weaken intended protections for trafficking survivors. For example, survivors must show they are a "victim of a severe form of trafficking" - a victim of sex or human trafficking - to be eligible for immigration relief and benefits. According to some advocates, federal authorities have failed to issue certifications to some trafficking survivors because they felt the allegations of abuse were not "severe enough ." n98
[JOYCE KOO DALRYMPLE, Staff Writer, BOSTON COLLEGE THIRD WORLD LAW
JOURNAL (2003-2004). “BOOK REVIEW: HUMAN TRAFFICKING: PROTECTING HUMAN RIGHTS IN
THE TRAFFICKING VICTIMS PROTECTION ACT: HUMAN TRAFFIC: SEX, SLAVES & IMMIGRATION.
By Craig McGill.” 25 B.C. Third World L.J. 451, Spring, 2005, lexis]
Trafficked persons must demonstrate "extreme hardship involving unusual and severe harm upon removal" to qualify for a T visa or temporary residency. n75 Furthermore, victims are only eligible to remain in the United States permanently if they have been in the country for three years, and have established either that they have complied with law enforcement requests during that time, or would suffer "extreme hardship involving unusual and severe harm upon removal." n76 This harsh standard should be liberalized to protect trafficking victims who cannot demonstrate unusual and severe harm but may face genuine danger and hardship upon removal nonetheless . n77 [*463] These trafficked persons are no less deserving of human rights protections than asylum seekers, who are granted asylum if they demonstrate a well-founded fear of persecution in their home country . n78
Therefore, the TVPA should model its standard after the criteria that asylum seekers must meet to stay in the
United States, and trafficking victims would qualify for residency if they have a well-founded fear of retribution upon removal . n79
At the very least, the residency criteria should conform to the minimum anti-trafficking standards that the United States sets for other countries in the TVPA. n80 The Act states that other governments should provide "legal alternatives to removal to countries in which [trafficking victims] would face retribution or hardship." n81 This language is significantly less restrictive than the "extreme hardship involving unusual and severe harm" that victims in the United States must demonstrate to prevent removal. n82 This discrepancy undermines the validity of the United States' insistence that other countries comply with anti-trafficking measures, given the lesser protections the United States provides to victims within its own borders. n83
Further, to remain or be admitted to the United States, qualifying spouses and children of trafficked persons also must show that extreme hardship would otherwise result. n84 Victims' family members, however, [*464] should be eligible for residency status based on the immigration doctrine of derivative beneficiaries, where spouses and children are allowed to follow to join the principle immigrant without further proof of hardship. n85 This change is needed because trafficking victims frequently migrant in order to provide financial support for their families. n86
Additionally, the shame and danger associated with trafficking applies not only to victims, but also to their entire family. n87
In the Conference Committee report that accompanied the TVPA, Congress offered no justification for the standard of extreme hardship involving unusual and severe harm upon removal. n88 The only legislative history attempting to explain its meaning is the final Conference
Committee report, which emphasized the narrow interpretation of the requirement:
The conferees expect that the [Department of Homeland Security] and the Executive Office for Immigration Review will interpret the "extreme hardship involving unusual and severe harm" to be a higher standard than just "extreme hardship." The standard shall cover those cases where a victim likely would face genuine and serious hardship if removed from the United States, whether or not the severe harm is physical harm or on account of having been trafficked . . . [and] shall involve more than the normal economic and social disruptions involved in deportation. n89

ADI 2010
Argumentation Lab
36
Trafficking Aff
THE GOVERNMENT REQUIRES TRAFFICKED PEOPLE TO BE CERTIFIED IN EXCHANGE FOR
THE HELP
LOPICCOLO 9 (Julie Marie, J.D. Candidate 2010, Whittier Law School; B.A. in History, San Diego State University, 2005NOTE AND
COMMENT: WHERE ARE THE VICTIMS? THE NEW TRAFFICKING VICTIMS PROTECTION ACT'S TRIUMPHS AND FAILURES IN
IDENTIFYING AND PROTECTING VICTIMS OF HUMAN TRAFFICKING, Whittier Law Review, 30 Whittier L. Rev. 851, Summer, L/N bjn
The second part of section 7105 is aimed at victims in the United States . n108 The only victims eligible for aid are those who are deemed victims of a severe form of human trafficking, as defined by the statute. n109 The definition of such a victim is
"one who has been subjected to an act or practice described in 7102(8) of this title; and who has not attained 18 years of age; or who is the subject of a certification.
" n110 This means, in effect, that children are entitled to aid whenever they are victims of a severe form of trafficking, but adults only receive aid when they are certified . Certification is available to those who are willing to assist in every way in the investigation, have made a bona fide application for a T-visa n111 under immigration laws , and whose presence is needed by the United States Attorney General and Secretary of State to effectively prosecute traffickers.
n112 And it is only valid as long as the continued presence of the victim is needed for effectuation of the prosecution. n113 According to the DOJ Report in 2007, T-visa holders may adjust to [*866] permanent resident status in some situations. n114
Certification, therefore, is the means by which the government exchanges benefits for the victim's assistance in prosecutions of those engaging in the act of trafficking. Victims of severe forms of trafficking and their families are entitled to some protection while they are in the "custody" of the government. n115

ADI 2010
Argumentation Lab
37
Trafficking Aff
(Gosia,
“Little-known visas free immigrants from abuse,” 7-18-
09, http://www.oregonlive.com/news/index.ssf/2009/07/littleknown_visas_free_immigra.html
, 07-28-10, JRM)
Only recently has the government started approving the "T" and "U" visas, although the law meant to protect undocumented immigrants who are victims of crime has been in place for nine years. Thousands of such visa petitions have been filed across the country, including 200 by Portland-area lawyers. The sudden flurry of approvals -- several dozen were granted in Portland just last month -- illustrates the Obama administration's move toward protecting illegal immigrants exposed to abuses at home and in the workplace instead of prosecuting and deporting them. The goal is safer communities for all, Oregon lawyers and law enforcement officials say , because immigrant victims, even if here illegally, can help police bring those who abused them to justice. "If someone is a victim, they need protection to come forward, " said Portland immigration attorney
Philip Smith. "The real purpose is to reduce criminal activity, which affects everyone.
You don't want rapists and armed robbers roaming the streets."
(Gosia,
“Little-known visas free immigrants from abuse,” 7-18-
09, http://www.oregonlive.com/news/index.ssf/2009/07/littleknown_visas_free_immigra.html
, 07-28-10, JRM)
Within a few months, Juan Felipe met lawyer Sheridan-Ayala , who identified her as a victim of forced labor.
Juan Felipe helped police and immigration officials with the investigation of her half sister and was granted a T visa. She also has a pending
U visa application. In recent months, other unauthorized workers caught in immigration raids across the country have filed for the visas based on abuses in the workplace. In the Portland area, several U and T visas were granted to other workers who were caught in the Fresh
Del Monte Produce raid, said Multnomah County Deputy Sheriff Keith Bickford, the Oregon human trafficking coordinator, who certified the visas. The most common problems for which visas were certified, Bickford said, were the lack of bathroom breaks, "so that some workers ended up going in their pants," long hours with no overtime pay, and very cold and wet work conditions. Portland-area lawyers estimate that U and T visa applications from about 20 former Fresh Del Monte Produce workers are pending, and others have approached
Bickford about similar abuses. As for Juan Felipe, "I learned that people should not abuse you," she said, and "to have faith in the government." The more U and T visas are approved, the more immigrants like Juan Felipe understand how the U.S. justice system works and will want to cooperate, Sheridan-Ayala said. "Basically," Sheridan-Ayala said, "we are changing the culture and the understanding of the relationship with law enforcement that the immigrant community has ." Each new visa also acts as a deterrent and pressure on the abusers, Bickford said.
"The more victims come out and talk about it, the more it will curb the abuse ," Bickford said. " People will start thinking that maybe they shouldn't be doing this, maybe they should pay a little more attention to how they treat immigrants , including those who have no documents."
[NOTE: Multnomah County Deputy Sheriff Keith Bickford, the Oregon human trafficking coordinator
RESEARCH SHOW THAT HUMAN TRAFFICKING IS THE FASTEST GROWING BUSINESS IN THE
WORLD EVEN THOUGH IT IS HARD TO COUNT
LOPICCOLO 9 (Julie Marie, J.D. Candidate 2010, Whittier Law School; B.A. in History, San Diego State University, 2005NOTE AND
COMMENT: WHERE ARE THE VICTIMS? THE NEW TRAFFICKING VICTIMS PROTECTION ACT'S TRIUMPHS AND FAILURES IN
IDENTIFYING AND PROTECTING VICTIMS OF HUMAN TRAFFICKING, Whittier Law Review, 30 Whittier L. Rev. 851, Summer, L/N bjn
Human trafficking is the fastest growing criminal enterprise in the world . n37 It generates billions of dollars each year and affects millions of victims, many of whom will end up in the United States , n38 although human trafficking also touches nearly every nation in the world. n39 A report published by the United Nations in 2006 revealed that 127 countries are countries of origin, ninety-eight are transit countries, and 137 are countries of destination for human slaves. n40
A. Statistical Variants Regarding the United States
One of the issues behind solving the problem of human trafficking is the fact that the leaders of the battle are unaware of how many victims are moved in the trafficking trade every year. The variance in statistics illustrates that there is a lack of available means to properly calculate victims, and may also reflect a certain amount of statistical bluffing in order to give the impression that the problem is perhaps more under control than it is in reality . In a 2003speech to the United Nations, President George W. Bush stated: "Each year, an estimated 800,000 to 900,000 human beings are bought, sold or forced across the world's borders." n41 In 2006, the United States Government estimated that only 17,500 of those are brought into the United States, n42 while [*857] another estimate from 2004 calculated that "every ten minutes, a woman or child is trafficked into the Unites States." n43

ADI 2010
Argumentation Lab
A/T FLOOD
(Dina Francesca, ARTICLE: (NOT) FOUND
CHAINED TO A BED IN A BROTHEL: CONCEPTUAL, LEGAL, AND PROCEDURAL FAILURES TO FULFILL THE PROMISE OF THE
TRAFFICKING VICTIMS PROTECTION ACT,” Georgetown Immigration Law Journal, Spring 2007, Lexis, mrw)
Much of the lack of implementation and the distortion of the TVPA could be ascribed to the unspoken but palpably omnipresent fear of opening the floodgates to the expected hoards of migrants.
After all, as one journalist queried, "if the law allows a victim to become a citizen, won't everyone try to become a victim?" The answer is no, they are very unlikely to do so. Not only will few to no people willingly put themselves into the trafficking flow or present themselves to be violated in hopes of securing immigration status somewhere down the road, but even if that was their goal, it is exceptionally unlikely that they would be successful.
After all , more than five years after the TVPA had entered into force in the United States, fewer than 491 T-visas have been granted in total while 17,500 to 50,000 new victims of trafficking enter the United States each year. Congress already had a fear of floodgates in mind when they capped the number of T-visas that could be granted each year at 5,000. n94 From the statistics issued for 2005, it appears that less than
600 applications were even received. n95 To honor the intent of Congress and the Executive Branch, we should be asking how to reach more potential victims in order to secure their protection, health and safety, and to let them know that the T-visa option even exists, rather than operate from concern about floodgates opening.
(Dina Francesca, ARTICLE: (NOT) FOUND
CHAINED TO A BED IN A BROTHEL: CONCEPTUAL, LEGAL, AND PROCEDURAL FAILURES TO FULFILL THE PROMISE OF THE
TRAFFICKING VICTIMS PROTECTION ACT,” Georgetown Immigration Law Journal, Spring 2007, Lexis, mrw)
The distinction between those who migrate and those who are trafficked is a false one. People migrate.
Some willingly, some forced through external circumstances, some because they have no choice
(economically or because their home lives are untenable ), and a very few are literally snatched by traffickers.
Nevertheless, any of the foregoing could ultimately fall prey to traffickers who understand how to exploit each of those sets of circumstances . If the goal is really to eradicate trafficking, in part by protecting victims and prosecuting traffickers, then the distinctions between smuggling and trafficking, or trafficking and migration, are of little use.
The real issues are, from the supply side, the disparities in the world that leave some groups of people exceptionally vulnerable, and from the demand side, the demand for labor and services from people "unable to freely retract from an exploitative situation because they are tied to their exploiter through some form of non-economic compulsion."
38
Trafficking Aff

ADI 2010
Argumentation Lab
A/T POLITICS
Ambassador-designate Luis C. de BacaOffice to Monitor and Combat Trafficking in Persons
Senate Committee on Foreign Relations http://foreign.senate.gov/testimony/2009/de%20BacaTestimony090429a.pdf.
And thank you for the kind introduction. As noted, I have most recently acted as
Counsel to the U.S. House Committee on the Judiciary. In this role, I was deeply involved with supporting the work of the Congress on the William Wilberforce
Trafficking Victims Protection Reauthorization Act. The unusual fact that the Act was passed in both houses by unanimous consent clearly demonstrates the national consensus that the U.S. Government must take every measure to counter this growing global tragedy.
http://www.highbeam.com/doc/1G1-174010667.html
The 2007 reauthorization of the Trafficking Victims Protection Act (TVPA) brought together a diverse, bipartisan coalition to encourage Congress to improve the bill. " Virtually the entire political spectrum in the U.S. Congress is revolted by the crimes of forced labor slavery, child labor exploitation, and sex trafficking," International Justice Mission's Holly Burkhalter told Sojourners.
Advocates of the TVPA want to increase protection for victims and the success rate of prosecuting traffickers.
The Action Group is comprised of: the Alliance to Stop Slavery and End Trafficking, Coalition to Abolish Slavery & Trafficking, Free the Slaves,
International Justice Mission, Not For Sale Campaign, Polaris Project, Ricky Martin Foundation, Solidarity Center, and Vital Voices Global Partnership. The Action
Group is a U.S.-based, non-partisan group of complementary organizations dedicated to abolishing modern-day slavery and human trafficking. Recommendations for
Fighting Human Trafficking in the United States and Abroad Transition Report for the Next Presidential Administration
November 2008 http://www.madebysurvivors.com/nl/ActionGroupTransitionMemo2008.pdf.
Anti-trafficking legislation has enjoyed robust bipartisan support during the last two administrations . Significant progress can be claimed, but even more work is required to eradicate slavery. A brief historical overview will reflect key efforts to date.
39
Trafficking Aff

ADI 2010
Argumentation Lab
40
Trafficking Aff
J.D. candidate, Washington College of Law, American University --The author is grateful to the President's
Interagency Council on Women for its guidance
Kelly, Protecting Human Victims of Trafficking: An American Framework
16 Berkeley Women's L.J. 29 lexis
On November 8, 1999, Representative Smith introduced a new trafficking proposal entitled the Trafficking
Victims Protection Act of 1999, H.R. 3244, n302 cosponsored by Representatives Gejdenson, Slaughter,
Marcy Kaptur (D-OH), Tom Lantos (D-CA), Cynthia A. McKinney (D-GA), Peter T. King (R-NY), Frank R.
Wolf (R-VA), and John Cooksey (R-LA). n303 This draft was considered the most comprehensive to date and had significant bipartisan Congressional and White House support . n304 On May 9, 2000, the bill passed by voice vote.
n305 Senators Wellstone and Sam Brownback (R-KS) revised H.R. 3244 after its passage by the House. The new version, entitled the Trafficking Victims Protection Act of 2000, unanimously passed the Senate on July 27, 2000. n306 The House and Senate versions of H.R. 3244 then went to conference committee to be negotiated into one bill. n307 On October 5, 2000, the conference committee released its report, which recommended one reconciled bill to both houses of Congress. n308 The House passed the recommended bill by a vote of 371 to 1, n309 and the Senate approved it by a vote of 95 to 0 . n310 On
October 28, 2000, President Clinton signed the bill, making the Victims of Trafficking and Violence
Protection Act of 2000 law. n311 The President hailed the Act as "landmark legislation" and a true effort of bipartisanship that would affect profoundly the lives of women worldwide. n312

ADI 2010
Argumentation Lab
41
Trafficking Aff
A/T FUNDING
Trafficking
http://www.cwfa.org/articles/16191/BLI/family/index.htm
.
The Act and report language acknowledges the plight of the victims in several ways: the report language clarifies that preying on a victim's drug use or addictions will, in and of itself, form the basis for convicting traffickers under the Trafficking Victims Protection
Act (TVPA); the Act states that proof of force, fraud, and coercion will no longer be gauged by the "reasonable person" standard but instead be gauged using the same backgrounds and circumstances as the victim . The Act also strengthens the financial provisions of the TVPA to enable victims to receive restitution through traffickers' forfeited assets and enhances the ability of victims to obtain civil damages from anyone benefitting from engaging in federal peonage,1 slavery or trafficking in persons crimes.
J.D. candidate, Washington College of Law, American University --The author is grateful to the President's
Interagency Council on Women for its guidance
Kelly, Protecting Human Victims of Trafficking: An American Framework
16 Berkeley Women's L.J. 29 lexis
Perhaps the most crucial protection provision affords assistance to trafficking victims in the United
States regardless of immigration status through expanded federal services and initiatives . n332 The House bill, but not the Senate bill, expressly designated victims as eligible for compensation and services from the Crime Victims Fund. n333
Even though the Act is not this specific, it expressly provides for eligibility "without regard to their [victims'] immigration status," eliminating the existing barrier to the Fund. n334 Since there are no additional details in the Act's provision , agencies creating regulations could interpret it broadly enough to extend any existing victim services to trafficking victims, including compensation from the Crime Victims Fund, emergency shelter and medical assistance, low-income housing, job training, and other forms of assistance. n335
The protection section also includes a Department of Justice victim assistance grant program. n336 Unfortunately, the clause reads that the Attorney General "may" make grants; thus the grant program is discretionary, rather than required. n337 A mandatory grant program would be more advantageous since there is a desperate need for funds and for an increase in the number of service providers for trafficking victims. n338 At this time, CAST is the only independent U.S. organization providing services exclusively to trafficking victims. n339 Assuming funding for a new grant program is set aside from funding for more prosecutions, the Department of Justice should create new grants for service providers in the interest of ensuring that victims will act as witnesses. n340 Unfortunately, the Act did not include the provision from the House bill which required grant applicants [*64] to certify that they have not punished victims or denied them services. n341
Additionally in the protection section, Congress required that three critical victim issues be addressed in regulations within 180 days. n342 First, agencies and departments, "to the extent practicable," must promulgate regulations requiring that trafficking victims not be held in facilities "inappropriate to their status as crime victims." n343 This language came from the Senate bill. n344 The House bill had offered additional protective measures, which were not included in the Act, that required that victims not be "jailed, fined, or otherwise penalized due to having been trafficked" n345 and that they "be housed in appropriate shelter as quickly as possible." n346 The Act continues by stipulating that agencies and departments must provide, to the extent practicable, necessary medical care and other assistance, n347 information regarding the victim's rights, and translation assistance. n348 Again, the House bill offered better protection than that provided through the Act's phrase "information regarding their rights" n349 by expressly stating that victims shall have access to legal assistance. n350 Second, the Act requires that regulations be drafted to keep the names of trafficking victims and their family members confidential and provide victims and family members with physical protection if at risk of harm, recapture, intimidation, or retribution. n351 Third, the Act, adopting a provision of the Senate bill, n352 also expressly provides for the physical protection of trafficking victims and their family from retribution, as long as the victim is a potential witness. n353 In addition, the last part of the law enforcement and prosecution section makes trafficking victims eligible for witness protection. n354
All of these protective regulations may become meaningless if the victim is deported. In addressing this issue, the Act incorporates the Senate's weak language, stating only that federal law enforcement officials may act to keep a victim in the country, so long as the individual is indeed a victim and a potential witness. n355 This would mean that a victim [*65] who is not a potential witness could be deported . The House bill used more protective language; it required officials to keep the trafficked person in the country so long as the individual was a victim or a material witness. n356

ADI 2010
Argumentation Lab
42
Trafficking Aff
-1. Forces all the debate to focus on implementation timeframe.
-Loses topic specific education, which should be privileged
-Delay CP leads to a world of debate where politics disad and theory are the only game in town.
-2. Makes quality of aff plan writing moot
-Discourages labor intensively researched and carefully written plans; why bother?
-A nuanced, carefully spec'd plan gets delay cp'd just as easily an awful plantext
-Encourages aff NOT to spec time frame, to spike out of silly politics net benefits, increasing plan vagueness. current
-3. Uses an unrealistic assumption that nothing important will be happening in ?ELAY”
-Use of the future to dodge possible bad things reduces researchability.
-4. Delayed Fiat is bad
-Questions of implementation are infinite, any delayed fiat is merely replacing politics disads for future politics disads.
-5. Takes all of the aff plan
-Takes our 'infinite prep' while retaining the negative's unpredictability and strategic flexibility
-Leaves aff a microscopic island of ground strips the
-Net benefits don't check abuse, just the disad would test the plan, the PIC just aff of offense
-6. Artificially competitive
-Even if we agree that passing whatever bill first would be beneficial, they don't do it would be immediately ONLY to make it competitive.
-This means aff can't retain intellectual integrity if we think that the net benefit a good idea
-7. Return of Delayed Fiat
-We can't research future politics disads that cp will bite, no crystal ball
-Politics disads are specifically time sensitive
-We never specified timeframe, the counterplan is the plan.
-The delay sounds good to us, and is compatible with plantext.
-CX checks abusive/erratic specification, they just didn't ask, not our fault.

ADI 2010
Argumentation Lab
43
Trafficking Aff
-We are taking part of the counter plan and adding it to the plan; the delay.
-Legitimate because the CP is artificially competitive.
-A generous theory interp that does not reject the negative for a delay CP would allow an affirmative TF perm; the arguments are analogous.
Neg ONLY loses Delay Cps ground which are abusive according to A,B,C.
This balances #6 on CEQ, balances aff ground.
-This permutation is justified because the delay format was SPECIFICALLY to create artificial competition. The CP does not intrinsically solve it's harms.
-Neg could have run a Fiat based, immediate CP that solves the harms; they did not
ONLY to create competition.
-The perm solvency PROVES neg could have run the same DA, and a cp that solves it.
Sadly it would not be competitive.

ADI 2010
Argumentation Lab
44
Trafficking Aff
A/T STOP PROSECUTION
(David A. Feingold, “Think Again; Human Trafficking” 6/29/2010 Foreign Policy http://www.hrusa.org/workshops/trafficking/ThinkAgain.pdf)
Despite the political energies expended on human trafficking,
.
For example,
the special visas given to victims in return for cooperation with
federal prosecutors. In fact,
Given the nature of the trafficking business, so few convictions will have little effect. Convicting a local recruiter or transporter has no significant impact on the overall scale of trafficking. If the incentives are right, he or she is instantly replaced, and the flow of people is hardly interrupted.

ADI 2010
Argumentation Lab
45
Trafficking Aff
AT: Capitalism Bad
1. No link or Perm do both we help break down capitalism by supporting people without supposed capital value to our country.
2. We decrease the underground capitalist system which is much worse than capitalism that is in the public eye.
3. Bernstein, Ph.D. in philosophy , 5
(Andrew Bernstein, Capitalism Magazine , “Global Capitalism: The Solution to World Oppression and Poverty ,” 29
September 2005 , http://capitalismmagazine.com/world/4399-Global-Capitalism-The-Solution-World-
Oppressionand-Poverty-Part.html, 30 July 2010, ,MCE).
Capitalism is the only system with which we can have freedom and political liberty.
"As Locke had written, and Jefferson later affirmed, individuals had certain inalienable rights, among which are, according to the provisional constitution of New Hampshire in 1766, "the enjoying and defending of life and liberty; acquiring, possessing and protecting property; and in a word, of seeking and obtaining happiness." 7
The only economic system logically correlative to such political liberty was and is a free market. If men have a right to their own lives – and are not the chattel of state or church – including the right to pursue their own happiness, then it follows that they must possess the right to own the product of their intellectual and bodily effort, and to exchange their work and its products voluntarily for whatever other goods they desire.
Capitalism is freedom – and this involves freedom of the marketplace fully as much as freedom of the mind.
"
AT: US as Human Rights leader bad
1. Sobel, Lecturer of Law at the University of Pennsylvania Law School, 8
(Stacey Sobel, “THE MYTHOLOGY OF A HUMAN RIGHTS LEADER: HOW THE UNITED STATES HAS
FAILED SEXUAL MINORITIES AT HOME AND ABROAD,” Harvard Law Review , Volume: 21, 2008, Pg. 1, ,
MCE).
Non unique the US is a HR Leader already. *Although this article is critiquing the US's stance on LGBT rights it is the intention of this statement is still to propose the US is a human rights leader.
The role of the United States as a human rights leader has evolved from our early isolationist policies to our increasing involvement in international activities during the twentieth century. The United States was seen as a hero to many for its involvement in both world wars, and the pictures of U.S. soldiers and tanks riding into European towns or rescuing people from concentration camps etched this new status into many peoples’ minds. Similarly, our involvement in the United Nations and other peacekeeping actions over the last fifty years,4 and our insistence on improving human rights as a prerequisite to our support of nations like China,5 have helped to raise our stature as a human rights leader."
More Aff Cards
Chen, In These Times Magazine, 10
(“Slavery in Our Time,” July 21, 2010, MCE).
The current co-operation clause is bad and doesn't stop trafficking
"To qualify for special immigration relief -the T visa -trafficking survivors must cooperate with law enforcement investigations—a process advocates say can be humiliating and traumatic. That may be why the number of T visas granted each year is far smaller than the estimated number of survivors. And despite pressure to bring survivors into the criminal process, the Department of Justice’s Human Trafficking Prosecution Unit reported only 47 convictions in 43 human trafficking prosecutions in fiscal year 2009."

ADI 2010
Argumentation Lab
46
Trafficking Aff
Human Rights USA, 8
(Human Rights USA, "Overview: Trafficking Victims Protection Act Civil Litigation Project," 2008, http://www.humanrightsusa.org/index.php?option=com_content&task=view&id=19&Itemid=40, July 31,
2010, , MCE)
Trafficked persons face further persecution if they refuse to comply with prosecutors
" What happens to trafficked persons in the U.S. who are deported to their home countries? Our experience suggests a bleak picture. If a trafficked person escaped her traffickers and unsuccessfully sought refuge in the United States, she faces severe retaliation from those traffickers eager to make an example out of her or recoup their “costs.” If she had been trafficked to the United States and escaped but refused to work with U.S. prosecutors for the sake of her family’s safety, she would return home bearing the marks of trauma, a soiled reputation, and little money to show for her prolonged absence. Many trafficking survivors who are deported are later rejected by their own embarrassed families and live hand-to-mouth. It should come as no surprise that they are often re-victimized and subject to continued slavery."

ADI 2010
Argumentation Lab
47
Trafficking Aff
Prosecution must remain a priority.
McReynolds ‘08,
, (" The Trafficking Victims Protection Act, The George Washington University Journal of
Public Policy and Public Administration, VOL 13 (2008)) //MR
Notably, to argue that the victim’s welfare should be the only consideration, and that prosecutions ought to be abandoned, would be unwise. Notwithstanding the impracticability of providing immediate legal status in the U.S. for all who claim to be victims of trafficking and the countless “floodgate” rebuttals that inevitably follow, U.S. law and policy have, from the framing of the Constitution, been fashioned such that criminal activity is prosecuted.4 We prosecute to punish and to deter. We prosecute for the sake of actual, present victims and for potential, future victims. We prosecute those activities that the collective conscience of the nation declares to be contrary to
American ideals. American ideals present a compelling defense for prosecution. At first blush, the TVPA and resulting visa requirements appear unproblematic for those survivors who make it to the visa application stage.
Applicants are required to provide basic personal information on the application, a narrative account of the circumstances of their entry into the U.S. and the conditions under which they lived and worked, credible evidence that they would be subject to severe hardship if deported, and documentary proof of their willingness to cooperate with every reasonable request by law enforcement officials and prosecutors to aid in the apprehension of their trafficker. Yet a layperson who engages in even a cursory analysis of those requirements as juxtaposed with the probable mentality and practical impairments of a trafficking victim may reasonably foresee the first level of problematic elements associated with obtaining a T visa. The problems one might first suspect are similar to those that have already been noted as elements limiting victims’ awareness of the availability of legal relief. In the specific context of formulating a T visa claim, the following five issues preclude qualified persons from receiving relief under the TVPA.
The gap time between interview and prosecution allows furthered persecution.
McReynolds ‘08,
, (" The Trafficking Victims Protection Act, The George Washington University Journal of
Public Policy and Public Administration, VOL 13 (2008)) //MR
CIS also specifies that an initial interview may be scheduled at the discretion of the prosecutor upon a victim’s submission of the application. By law, such interviews (as well as at interviews facilitated by law enforcement officials in cases where the victim initiated contact with local law enforcement) usually require a victim to meet with one or more police officers, an
FBI agent, and a prosecutor. An initial meeting exemplifies the twofold purpose of the TVPA’s relief for trafficking victims. While local law enforcement may possibly provide temporary physical relief to the victim, the attorney and FBI agent gather information to make a determination about prosecution. Yet the victim may leave the interview terrified, with no choice but to return (at least temporarily) to the trafficker, and likely unwilling to participate any further in potential legal proceedings against the trafficker (Free the Slaves and Human Rights
Center 2004, 28). Fear of the police, especially in immigrant communities, combined with the trauma of having to testify about the conditions in which they lived, easily renders victims reluctant to trust law enforcement (41).

ADI 2010
Argumentation Lab
48
Trafficking Aff
Victims will get deported while trying to apply for T visas. No solvency
McReynolds ‘08,
, (" The Trafficking Victims Protection Act, The George Washington University Journal of
Public Policy and Public Administration, VOL 13 (2008)) //MR
Charles Song, Director of Legal Services at the Los Angeles-based Coalition to Abolish Slavery and Trafficking
(CAST), described an alarming trend that exemplifies the rather fluid boundary that exists between ICE and CIS.
Shortly after the formation of the Human Smuggling and Trafficking Center, CAST and other NGOs that assist undocumented aliens with their claims received notice that clients were being required to sign Notices to Appear before an Immigration Judge (IJ), a step that effectively initiates removal proceedings against the alien (Song, personal communi cation, February 2007). There is no way to guarantee that removal proceedings will not be initiated prematurely, and even if removal proceedings are initiated for proper cause, the victim no longer has the chance to present his case for T visa status before the adjudicatory body designed to judge the victim’s eligibility for protection under the TVPA. The statute provides that, if the victim is unable to cooperate with the prosecutor’s request for assistance due to the emotional repercussions of the abuse suffered, the victim may be temporarily or permanently relieved of that requirement at the discretion of the
Administrative Officer.
No solvency - Trafficked persons can be too fearful to use the more lax rules
McGaha & Evans 09 (Johnny E. & Amanda, “HUMAN TRAFFICKING: GLOBAL AND LOCAL PERSPECTIVES; GRADUATE
PROGRAM IN INTERCULTURAL HUMAN RIGHTS SYMPOSIUM; FEBRUARY 12, 2009: WHERE ARE THE VICTIMS? THE
CREDIBILITY GAP IN HUMAN TRAFFICKING RESEARCH
” Intercultural Human Rights Law Review,
Feb 09, Lexis, JRM)

ADI 2010
Argumentation Lab
49
Trafficking Aff
As discussed during the symposium on Human Trafficking: Global and Local Perspectives on February 12,
2009, by the very nature of the crime, human trafficking is largely hidden, and accurate data on the extent and nature of human trafficking is hard to [*244] calculate. The 2007 - 2008 Bureau of Justice Statistics report n28 cites that only 54.7 % of victims reported by the task forces across the U.S. were U.S. citizens. These data highlight the additional fear that victims may experience due to citizenship issues. Trafficking victims are often in dangerous positions and may be unable, or unwilling, to jeopardize their lives to report to or seek help from the relevant authorities. n29 Victims may live daily with emotional and physical abuse , inhumane treatment, and threats to their families.
n30 They may fear authority figures and are often told that if discovered, they would be imprisoned, deported, or tortured. n31 Visas and other identify documents, if any exist, are often taken by their traffickers as an addition method of detaining the victims. n32
Fostering fear of authority in victims is a common contributor to poor detection of human trafficking victims.
n33 Douglas Blackmon n34 compares the current issue of human trafficking to the past history of postabolition slave treatment in the U.S. in the late 1800's. According to Blackmon, for decades after the emancipation of slaves, and ratification of the 13th Amendment to the U.S, Constitution which abolished slavery in all forms in every state, thousands of African Americans were still forced into labor after charges were made against them through by white business owners. Through the criminal justice system, the former slaves were required to pay off these so-called debts by working for landowners without, or at best minimal, compensation.
Aff cannot solve for unwillingness to come forward, trafficking will continue
McGaha & Evans 09 (Johnny E. & Amanda, “HUMAN TRAFFICKING: GLOBAL AND LOCAL PERSPECTIVES; GRADUATE
PROGRAM IN INTERCULTURAL HUMAN RIGHTS SYMPOSIUM; FEBRUARY 12, 2009: WHERE ARE THE VICTIMS? THE
CREDIBILITY GAP IN HUMAN TRAFFICKING RESEARCH ” Intercultural Human Rights Law Review, Feb 09, Lexis, JRM)
Due to the reasons mentioned above, many professionals have reached the conclusion that human trafficking is an underreported crime, unlike domestic violence and rape which are more frequently reported. Victims of domestic violence and rape seem better able to face their accusers in court as a result of the trusted relationship they have with the police officers, prosecutors, and victims services organizations. n38 The fact that human trafficking victims are often from other countries and cultures that do not value women , as well as being unfamiliar with the language or culture here, may magnify distrust of authority and unwillingness to come forward.
n39 Another contributing factor is some victim's fear of access to justice because of their own immigration status . n40 Victims who entered this country without proper documentation have a limited understanding of their legal rights.
n41 According to Logan, Walker, and Hunt, human trafficking perpetrators often use victims for criminal activity and victims fear that they will be perceived as criminals as well if they attempt to seek help.
N42
Trafficking is hard to discover and goes unreported
McGaha & Evans 09 (Johnny E. & Amanda, “HUMAN TRAFFICKING: GLOBAL AND LOCAL PERSPECTIVES; GRADUATE
PROGRAM IN INTERCULTURAL HUMAN RIGHTS SYMPOSIUM; FEBRUARY 12, 2009: WHERE ARE THE VICTIMS? THE
CREDIBILITY GAP IN HUMAN TRAFFICKING RESEARCH
” Intercultural Human Rights Law Review,
Feb 09, Lexis, JRM)
Identifying human trafficking crimes continues to present special challenges to federal investigators and prosecutors because the primary eyewitness to, and evidence of, the crime is typically the trafficking victim. n43
The first step in pursuing these crimes is usually [*246] to discover the victims. Yet these victims are often hidden from view, employed in legal or illegal enterprises, do not view themselves as victims, or are

ADI 2010
Argumentation Lab
50
Trafficking Aff considered to be criminals or accessories to crimes such as prostitution or smuggling.
Average citizens, or even state and local law enforcement working in the community may be the first point of contact for a trafficking victim, rather than federal law enforcement. n44 Moreover, human trafficking cases are difficult to pursue because they are complex, multifaceted, and resource-intensive, and a single case may involve multiple victims requiring a variety of services including food, shelter, counseling, protection, etc. n45
Federal agencies must determine whether those identified as a potential victim have in fact been trafficked and then secure their cooperation in order to pursue the investigation and prosecution of the traffickers. n46 Victims may be reluctant to testify because of fear or loyalty to the trafficker, or distrust of law enforcement.
n47
Crimes against trafficking victims may involve labor exploitation, sex exploitation, alien smuggling, organized crime and financial crimes. n48 The scope of human trafficking is broad and transnational. n49 The transnational component of this crime requires collection of evidence from multiple jurisdictions from overseas and [*247] may involve violations of labor, immigration, antislavery, and other criminal laws. n50 Despite international acknowledgment of the trafficking problem as a human rights violation, estimates of the number of victims remains an even a larger challenge internationally than in the U.S. for a number of reasons including poor data collection cooperation, corrupt governments, and disorganized victim assistance initiatives. n51
The Action Group is comprised of: the Alliance to Stop Slavery and End Trafficking, Coalition to Abolish Slavery & Trafficking, Free the Slaves,
International Justice Mission, Not For Sale Campaign, Polaris Project, Ricky Martin Foundation, Solidarity Center, and Vital Voices Global Partnership. The Action
Group is a U.S.-based, non-partisan group of complementary organizations dedicated to abolishing modern-day slavery and human trafficking. Recommendations for
Fighting Human Trafficking in the United States and Abroad Transition Report for the Next Presidential Administration
November 2008 http://www.madebysurvivors.com/nl/ActionGroupTransitionMemo2008.pdf.
The President should ensure that authorized programs to serve U.S. citizen and foreign national victims of human trafficking are created and funded.
While the TVPA authorizes specialized services to all victims of human trafficking, to date there has been no funding for programs created to assist U.S. citizen victims of human trafficking, including the large number of commercially sexually exploited children. Likewise , fund- ing for foreign nationals has not been sufficient to meet their needs .
The Administration needs to prioritize dedicating resources to establish a network of housing options across the country to serve trafficking victims.
It is well documented that housing is among the most urgent and most consistently needed services for sur- vivors of human trafficking. Yet, this is an area that has received less attention than any other in regards to funding, model development, and evaluation. For adults and children there are currently not enough shelter options addressing the special needs of trafficking victims. Additionally, the next President should direct, by Presidential Memorandum or other appropriate means, that federal officials with custody of trafficking victims place those individuals in culturally and linguistically appropriate housing options to the maximum extent possible. Increased funding for human trafficking shelters should not impact funding for domestic violence or other shelters.

ADI 2010
Argumentation Lab
51
Trafficking Aff
https://www.benningtonbanner.com/opinion/ci_12070961 .
It is possible to end human trafficking within the United States. The average cost of integration and rehabilitation in the U.S., once rescued, is approximately $30,000 per person. Allocating $15 billion to restore the lives of the 50,000 current slaves in the United States seems like a large sum to add to our ever-growing deficit.
However, $15 billion is only a tiny fraction of the approximately $865 billion spent on war-related military operations throughout the past nine years in Afghanistan and Iraq.
http://www.usdoj.gov/whatwedo/whatwedo_ctip.html
.
In FY 2003, the Office for Victims of Crime (OVC) made its first awards to various nongovernmental organizations for the purpose of providing trafficking victims with comprehensive or specialized services during the precertification phase, and for the purpose of providing grantees with training and technical assistance for program support and enhancement. OVC funds help victim service providers meet the challenge of addressing the complex and acute service needs of trafficking victims through the provision of: Comprehensive service s: Direct services mobilized by the grantee organization to meet the range of needs of trafficking victims. Comprehensive services include addressing the victim's basic needs for shelter, food, and clothing as well as case management, information and referral, legal assistance and advocacy, medical and dental services, mental health assessment and treatment, job skills training, transportation, and interpretation services.
(Dina Francesca, ARTICLE: GOOD
INTENTIONS ARE NOT ENOUGH: FOUR RECOMMENDATIONS FOR IMPLEMENTING THE TRAFFICKING VICTIMS
PROTECTION ACT,” University of St. Thomas Law Journal, Fall 2008, Lexis, mrw)
A person is considered eligible for precertification when "they have been identified by federal law enforcement as having been a victim of a severe form of human trafficking." In other words, you are a victim, even for the purposes of precertification, only when law enforcement identifies you as such . The
NGOs providing services are only reimbursed by either federal grant program if they are providing services to someone who has been either precertified or certified as a victim of human trafficking. All of which is to say that the creation of the newer DOJ fund did nothing to help people like Beti who have not been rescued, and who have not been able to [*89] get law enforcement to listen to or believe them yet (or ever), but who may very well still be victims of human trafficking.
(Dina Francesca, ARTICLE: (NOT) FOUND
CHAINED TO A BED IN A BROTHEL: CONCEPTUAL, LEGAL, AND PROCEDURAL FAILURES TO FULFILL THE PROMISE OF THE
TRAFFICKING VICTIMS PROTECTION ACT,” Georgetown Immigration Law Journal, Spring 2007, Lexis, mrw)
When laws are invoked to protect or secure benefits to trafficked persons, another troubling element of trafficking must be addressed, which is that those laws themselves require the person requesting the benefit to describe herself as a victim and tell the victim story.
For instance , a trafficked person who

ADI 2010
Argumentation Lab
52
Trafficking Aff wishes to secure a T-visa in the United States must prove that she was a victim of trafficking and must tell that story to law enforcement officials. n54 T-visas require that the trafficked person prove that she was the victim of a severe form of trafficking, and she must cooperate with prosecutors in telling that story of victimization. n55 To secure the benefit she seeks, she must prove her victimhood--the exploitation, coercion, and force. The law itself forces the victim to offer herself up as an easily identifiable victim subject, without the clutter and complication of a story in which the victim also had some agency in her decision . Ahn, for instance, was asked repeatedly to explain [*355] how it would be possible that she could have been exploited by her traffickers when she decided to go with them in the first place. Where a police officer might understand that a victim of domestic violence does not become any less a victim by virtue of having married the abuser the first place, or even for having stayed with him or refusing to report the abuse, there is little corresponding understanding for trafficking victims.
(Dina Francesca, ARTICLE: (NOT) FOUND
CHAINED TO A BED IN A BROTHEL: CONCEPTUAL, LEGAL, AND PROCEDURAL FAILURES TO FULFILL THE PROMISE OF THE
TRAFFICKING VICTIMS PROTECTION ACT,” Georgetown Immigration Law Journal, Spring 2007, Lexis, mrw)
In public discussions about human trafficking, we hear stereotyped accounts about "the type of person" who becomes a sex worker or a mail order bride, but little factual information to support it. By failing to understand enough about the people who are trafficked, and focusing media attention on the sex and victimization aspects of the crime, we risk "essentializing" and "othering" the victims. That is, we are reducing the victims, usually women from the southern or eastern hemispheres, to stereotypes based on race and gender, and those stereotypes are conflated with the sexualized nature of the crime. n58 Then we are setting "them" at a distance from "us." Both are counterproductive to recognizing a "true victim" of human trafficking.
(Eileen, Comment: Human Trafficking: The Need for
Federal Prosecution of Accused Traffickers,” Seton Hall University School of Law, 2009, Lexis, mrw)
While efforts to protect victims and prevent further victimization are clearly important goals ... effective prosecution is the linchpin to eradicating human trafficking. Prosecution, combined with the imposition of significant penalties, not only provides protection by eliminating the perpetrator's immediate ability to exploit the victim, but also serves to deter future criminal acts. Thus, prosecution deters further trafficking, incapacitates current traffickers, and removes the powerful financial incentive to traffic through both asset forfeiture and mandatory restitution. Prosecution protects trafficking victims by removing them from immediate danger and averting further harm or exploitation. Moreover, the legislative history of the TVPA demonstrates the emphasis Congress placed upon criminal prosecution. Indeed, Congress explicitly designed the TVPA to ensure just and effective punishment of traffickers and to protect victims.
n62 As Congressman Christopher Smith of New Jersey stated, "Putting these gangsters away for life would not only be just punishment but also a powerful deterrent ... ." n63 Given the importance of criminal prosecution, prosecutorial efficacy is an important consideration when evaluating federal and state efforts to combat human trafficking.
(Dina Francesca, ARTICLE: (NOT) FOUND
CHAINED TO A BED IN A BROTHEL: CONCEPTUAL, LEGAL, AND PROCEDURAL FAILURES TO FULFILL THE PROMISE OF THE
TRAFFICKING VICTIMS PROTECTION ACT,” Georgetown Immigration Law Journal, Spring 2007, Lexis, mrw)
Persons who enter with false passports, even those supplied to them or forced upon them by their traffickers, are arrested, prosecuted by U.S. Attorneys, and jailed .
In Ahn's case, even though the Assistant U.S.
Attorney (AUSA) acknowledged a belief that Ahn was the victim of human trafficking, rather than exercise prosecutorial discretion, the

ADI 2010
Argumentation Lab
53
Trafficking Aff
AUSA convicted and jailed her for the entry with a false passport, before suggesting that she might have recourse as a victim of human trafficking or even acknowledging that she might have information to offer the FBI about her traffickers.
This type of prosecution for entering with false documents is unnecessary and unethical when the AUSA knows that the person being prosecuted is a victim of human trafficking who entered with the passport she was forced by them to use. AUSAs should exercise their prosecutorial discretion in such cases, to focus on the traffickers, not the victims.
(Dina Francesca, ARTICLE: (NOT) FOUND
CHAINED TO A BED IN A BROTHEL: CONCEPTUAL, LEGAL, AND PROCEDURAL FAILURES TO FULFILL THE PROMISE OF THE
TRAFFICKING VICTIMS PROTECTION ACT,” Georgetown Immigration Law Journal, Spring 2007, Lexis, mrw)
To be eligible to receive a T-visa, the law requires that the victim establish, among other things, that she has "cooperated with law enforcement officials." n72 While the DHS insists that a Law Enforcement Certification
(LEC)--a letter from a law enforcement official certifying that the individual has cooperated--is not obligatory, as a practical matter applications that do not contain such a certification appear to be denied to a greater extent than those that do.
Furthermore, law enforcement officials have the discretion not to certify a victim regardless of whether the victim did, indeed, offer information and cooperate with law enforcement in furtherance of an investigation.
In essence, the law enforcement officer, untrained in the law of human trafficking, gets to make the preliminary decision as to whether or not a victim can be considered a victim. The wording in the
TVPA requiring that the victim show she "cooperated with law enforcement," has come to mean that if law enforcement decides to use the information the victim provided by launching an investigation and issuing an LEC, then she will be deemed to have "cooperated."
(Dina Francesca, ARTICLE: (NOT) FOUND
CHAINED TO A BED IN A BROTHEL: CONCEPTUAL, LEGAL, AND PROCEDURAL FAILURES TO FULFILL THE PROMISE OF THE
TRAFFICKING VICTIMS PROTECTION ACT,” Georgetown Immigration Law Journal, Spring 2007, Lexis, mrw)
While no burden of proof is set forth in the TVPA, DHS determined that not only is the burden on the victim to prove the intent of her trafficker, but that this burden is set at "conclusive proof." No combination of circumstantial evidence, apparently, will enable the victim to meet that burden, as
"conclusive proof of the intent of the traffickers to exploit" means that the victim must have been found and rescued by objective others, like law enforcement, who can visually attest to the exploitation in order to satisfy that burden.
In Ahn's case, there was a wealth of circumstantial evidence, including evidence of what had befallen other women who came with the same traffickers, on her same route, who were told to contact the same U.S.-based traffickers upon arrival. There were threats of violence and actual violence perpetrated on her mother in an attempt to control her. There were names, addresses, and phone numbers of people involved in the trafficking, albeit never investigated by the FBI, as its agents chose not to launch an investigation. Nevertheless, DHS found that she failed to "conclusively" prove that her traffickers' intent was to exploit her.
(Dina Francesca, ARTICLE: (NOT) FOUND
CHAINED TO A BED IN A BROTHEL: CONCEPTUAL, LEGAL, AND PROCEDURAL FAILURES TO FULFILL THE PROMISE OF THE
TRAFFICKING VICTIMS PROTECTION ACT,” Georgetown Immigration Law Journal, Spring 2007, Lexis, mrw)

ADI 2010
Argumentation Lab
54
Trafficking Aff
Making the assumption that only people rescued by law enforcement can be victims is paternalistic. This culture of paternalism leads law enforcement officials to favor those they rescue and to miss seeing other 'real victims' of human trafficking who have not been rescued . Perhaps even more disturbing, however, for both advocates and victims, is knowing that the non-rescued victim who announces herself to law enforcement and seeks assistance risks being charged with being a criminal herself. Victims who rescue themselves have additional hurdles to overcome. Not only do they not get the benefit of a rescue, but they then have to prove that they are really victims, worthy of the time and attention of law enforcement.
They also have to overcome the presumption (not a legal presumption, but still present in the eyes of law enforcement) that they are criminals themselves -after all, they are likely to be in the country without status, are likely to have engaged in unlawful employment or activities, and are likely to be in possession of false documents supplied to them by their traffickers. n52 Then , they must further convince law enforcement that even if they did engage in illegal activity, they might also be victims of human trafficking. In truth, the criminal activity in which they engaged might itself be proof of their victimization. For instance, traffickers frequently force their victims to carry or present false documents, to engage in prostitution, and to work without authorization, but the foregoing can provide proof of the elements of exploitation for profit necessary to obtain a conviction against a trafficker.
WE NEED TO ADD TO THE TVPA TO ADD LANGUAGE THAT STATES THAT VIOLATIONS OF
THE LAW WHILE BEING TRAFFICKED DO NOT EXCLUDE YOU FROM ASSISTANCE AND
DEFINE WHAT GOOD MORAL QUALITIES ARE
LOPICCOLO 9 (Julie Marie, J.D. Candidate 2010, Whittier Law School; B.A. in History, San Diego State University, 2005NOTE AND
COMMENT: WHERE ARE THE VICTIMS? THE NEW TRAFFICKING VICTIMS PROTECTION ACT'S TRIUMPHS AND FAILURES IN
IDENTIFYING AND PROTECTING VICTIMS OF HUMAN TRAFFICKING, Whittier Law Review, 30 Whittier L. Rev. 851, Summer, L/N bjn
Often, victims of human trafficking are found when they are engaging in a criminal act, and criminals generally cannot obtain visas . n198 Victims of trafficking may be engaging in unlawful activities such as illegal immigration or prostitution as a result of force or coercion by the traffickers. When this is the case, the
TVPA 2008 provides that disqualification may be waived under good moral character (which is required to obtain a visa by certification ) if the disqualification was caused by or incident to the trafficking . n199 Although it may seem clear that someone who has been forced to commit a crime should not be punished as a criminal, without express language in the statute to this effect there will be no encouragement for those applying for a T-visa to assert this "defense".
Adding this [*879] language to the TVPA can only serve to increase the receipt of visas for the eligible, and is a step towards making the law more victim-centric.
Unfortunately , the definition of good moral character is problematic for victims who are immigrants . Black's Law
Dictionary defines good moral character as "[a] pattern of behavior that is consistent with the community's current ethical standards and that shows an absence of deceit or morally reprehensible conduct." n200 This requirement assumes that immigrants who are new to the community understand current legal ethical standards. Also, how long does it take to create a pattern? Are victims waiting for certification and aid while this pattern develops ? There should be a definition of good moral character specific to the statute taking into consideration the victim's immigrant status and the fact that aid is required immediately.
POVERTY IS THE WHAT CAUSES HUMAN TRAFFICKING
MACIEL-MATOS 10 (ENRIQUE A., COMMENT: BEYOND THE SHACKLES AND CHAINS OF THE MIDDLE PASSAGE:
HUMAN TRAFFICKING UNVEILED, The Scholar: St. Mary's Law Review on Minority Issues, 12 SCHOLAR 327, Winter, l/n bjn)
The main cause of human trafficking is poverty . n14 The trafficking enterprise "is successful because it targets the most vulnerable and marginalized in society - people who are already struggling to survive on the lowest rungs of the socioeconomic hierarchy." n15 Women and girls are [*331] the primary victims of trafficking because of their "greater susceptibility to poverty, illiteracy, and lower social status." n16 Cultural views of women as less valuable than men have produced a more tolerant view of prostitution and sexual violence in some parts of the world. n17
Further, higher rates of illiteracy among females in developing countries denies many young women the resources to escape violence. n18
HUMAN TRAFFICKING EFFECTS THE POOR AND WOMYN MORE THAN OTHER GROUPS
MACIEL-MATOS 10 (ENRIQUE A., COMMENT: BEYOND THE SHACKLES AND CHAINS OF THE MIDDLE PASSAGE:
HUMAN TRAFFICKING UNVEILED, The Scholar: St. Mary's Law Review on Minority Issues, 12 SCHOLAR 327, Winter, l/n bjn)

ADI 2010
Argumentation Lab
55
Trafficking Aff
Economic discrepancies have primarily contributed to the increase in forced prostitution and human trafficking throughout the world , mostly in developing nations. n19 Poverty creates an environment where women and young people, in seeking to improve their economic condition, can more easily fall prey to traffickers' false promises of a better life elsewhere. n20 The result is that trafficking violence disproportionately affects [*332 ] individuals, particularly women, who are poor or otherwise disadvantaged . n21 Thus , trafficked individuals are often "migrant workers who left home in search of a [better] livelihood for themselves and their families, [only to be] exploited in the grey, unregulated sectors of the global economy." n2