Disrupting Human Trafficking and Exploitation in Minnesota Madeline Lohman October 28, 2016 This material was prepared by The Advocates for Human Rights to support the implementation of Safe Harbors in Minnesota. Funding was provided by the Women’s Foundation of Minnesota and the Women’s Endowment Fund, a designated fund of the Minneapolis Jewish Federation’s Jewish Community Foundation.

The Advocates for Human Rights Founded in 1983, The Advocates for Human Rights is an NGO dedicated to the promotion and protection of internationally recognized human rights locally, nationally, and internationally.  Refugee and Immigrant Rights International Justice Human Rights Education Women’s Human Rights

Session Objectives Understand forms of human trafficking - sex and labor Share what human trafficking looks like in MN Learn how federal and state law define human trafficking Role of teachers in helping victims of trafficking Teaching about trafficking as global and local issue

Human Trafficking? What is “Human Trafficking”? What does it look like here?

WHAT IS HUMAN TRAFFICKING? When one person obtains or holds another person in compelled service. Beatriz

Human Trafficking Sex Trafficking Labor Trafficking Beatriz This material was prepared by The Advocates for Human Rights to support the implementation of Safe Harbors in Minnesota. Funding was provided by the Women’s Foundation of Minnesota and the Women’s Endowment Fund, a designated fund of the Minneapolis Jewish Federation’s Jewish Community Foundation.

What does trafficking really look like?

Dynamics of Human Trafficking Who is being trafficked? Where is it happening? How does this happen? Beatriz

Human Trafficking Risk Factors Poverty Youth Race History of abuse History of exploitation Disability Chemical dependency Lack of support systems Lack of immigration status Beatriz

Where does human trafficking occur? Domestic Service Commercial Sex Industry Factories Peddling / Door to Door Sales Agriculture / Farms Criminal Activity (stealing, drug transport) Restaurant / Bars Construction Hotel / Motel Housekeeping Nail Salons Carnivals Food Processing /Canneries / Agricultural Facilities Schools; shelters; libraries; etc. Beatriz

Barriers to escape / Methods of control How does it happen? Recruitment / Offer Point of No Return Breaking / Barriers to escape / Methods of control Beatriz

Human Trafficking and Other Forms of Victimization Poly-victimization Labor Trafficking Sex Trafficking Domestic Violence Sexual Assault Forced and Early Marriage Assault Substance Abuse Identity Theft Compelled Criminal Acts Labor / sex trafficking Domestic violence Sexual assault Forced marriage Assault Substance abuse Identity theft Compelled criminal acts

Labor Trafficking and Labor Exploitation Top labor law violations: Wage theft, other wage and hour violations Unsafe working conditions Sexual harassment More than of labor trafficking cases involved known labor law violations 60% Me Examples from previous two slides Another finding from the report These people qualify as LT, but also labor wage and hour violations Overlap- broaden our response Asking the Right Questions: A Human Rights Approach to Ending Trafficking and Exploitation in the Workplace, The Advocates for Human Rights (forthcoming)

Practice Identifying Human Trafficking Is this human trafficking? Why? What else is it? Scenario Discussion Me

Legal Definitions United Nations Palermo Protocol Minnesota Law Federal Trafficking Victims Protection Act Laws both help victims and criminalize traffickers – for teachers and others who work with youth, important to know how laws help victims so they can be connected to the right services

How Federal Law Protects Victims Immigration Status Work Authorization Public Benefits Case Management

Human Trafficking: Federal Break Down Inducing (sex trafficking) Recruitment, transportation, harboring, enticing, or obtaining (labor trafficking) Action What the trafficker did to get the victim Force – physically/sexually, bodily harm Fraud – lies, false promises, fake contracts Coercion – threats of violence, shame, threats of deportation or notifying authorities Unless under 18 (for sex trafficking) Means How the victim was brought into and kept in the situation Involuntary servitude Debt bondage Peonage Slavery Commercial sex act Purpose What purpose/goal?

How Minnesota Law Protects Victims Sexually exploited youth under 18 will not be prosecuted No Wrong Door – any door a youth goes through will connect them with safe, protected environment and specialized services

Human Trafficking: MN Break Down Recruitment, transportation, transfer harboring, enticing, provision, obtaining, or receipt Action What the trafficker did to get the victim By any means Regardless of victim’s age Means How the victim was brought into and kept in the situation Debt bondage Forced labor or services Slavery or slave-like practices Prostitution Purpose What purpose/goal? Beatriz

Differences That Matter Federal Law Requires showing of force, fraud, or coercion except for victims of sex trafficking under 18 Kind of sexual exploitation = commercial sex act Benefits are mostly for foreign nationals Minnesota Law Victim can be trafficked by any means regardless of age Kind of sexual exploitation = prostitution (pimping) Benefits are mostly for victims of sex trafficking under 18 This material was prepared by The Advocates for Human Rights to support the implementation of Safe Harbors in Minnesota. Funding was provided by the Women’s Foundation of Minnesota and the Women’s Endowment Fund, a designated fund of the Minneapolis Jewish Federation’s Jewish Community Foundation.

Minnesota Labor Trafficking Investigations and Prosecutions Federal Forced Labor (2014) Vietnamese restaurant in Mankato based on NGO tip Harboring (2015) Hibachi grill restaurants Visa Fraud (2016) Vegetable farm in Foley State Labor trafficking (2016) Woodbury nanny found by police Me Example of prosecution Federal law v. state law First cases prosecuted Forced labor: Note the difference between the definition and the criminal statute

Building Your Response to Human Trafficking Beatriz This material was prepared by The Advocates for Human Rights to support the implementation of Safe Harbors in Minnesota. Funding was provided by the Women’s Foundation of Minnesota and the Women’s Endowment Fund, a designated fund of the Minneapolis Jewish Federation’s Jewish Community Foundation.

Anti-trafficking History in MN 2005 MN anti-trafficking laws passed. Vick law enforcement Task Force established. 2006 Statewide Human Trafficking Task Force created. 2008 Sex Trafficking Needs Assessment identifies gaps in legal system. 2009 Sex trafficking laws amended to increase penalties against traffickers. 2010 A Future, Not a Past and MN Safe Harbor initiatives begin examining response to sexually exploited youth. 2011 Safe Harbor enacted. 2013 Safe Harbor amended and initial Safe Harbor system funding secured. 2011-2012 Statewide consultation process creates the No Wrong Door model for Safe Harbor. 2014 Safe Harbor takes effect August 1, 2014 Anti-trafficking History in MN 2015- 2016 Labor Trafficking / Exploitation Report Beatriz This material was prepared by The Advocates for Human Rights to support the implementation of Safe Harbors in Minnesota. Funding was provided by the Women’s Foundation of Minnesota and the Women’s Endowment Fund, a designated fund of the Minneapolis Jewish Federation’s Jewish Community Foundation.

Asking the Right Questions: Findings Addressing labor trafficking involves identification, victim protection and services, prosecution, and civil remedies. Why is this not fully happening in Minnesota? No screening tool or assessment in use statewide Most law enforcement professionals and service providers not trained Limited coordination and referral Legal limitations for certain victims and certain crimes Lack of established network of services for all victims Widespread violation of labor laws creates culture of impunity Asking the Right Questions: A Human Rights Approach to Ending Trafficking and Exploitation in the Workplace, The Advocates for Human Rights (forthcoming)

Collaborative Response Know the issues Build the response team Prioritize victim safety Educate, serve, and represent Sarah

Do you see it? Learning to identify trafficking victims among the people you interact with is the first step! Sarah

Are You Seeing Labor Trafficking? Is someone holding your personal documents for you? Does someone else control the decisions you make about your life? Do you owe money to your boss, the person who hired you, or the person who helped you find the job? Are you receiving all your pay? Are you afraid something bad will happen to you or someone else if you leave your work? Are You Seeing Labor Trafficking? Debt bondage Forced labor or services Slavery or Slave-like Practices Organ removal Sarah

Are You Seeing Sex Trafficking? Is the person in a relationship where sometimes they have to do things they don’t feel comfortable doing? Could the person leave the relationship if they wanted to? Is the person having sex for money or anything of value – clothing, food, housing? Does someone, other than a dependent, take all or some of the money the person gets from having sex? Prostitution Pimping Beatriz

Building Response Under a Human Rights Approach Use human rights standards to guide Palermo Protocol Victim safety Safety first, at every stage Accompany Aware of trauma’s effects Offender accountability Government responsibility In law and in practice Beatriz

Understanding the Trafficking Survivor Trauma Barriers Circumstantial Barriers Afraid family back home will suffer if reported Trauma bonding to or extreme fear of trafficker/ employer Appearing hostile Distrustful of authority Jumpy, anxious, fearful, unrealistic expectations Inconsistent stories Lack of identifying documents Employer controlled housing Not holding own money or paid only in room and board No permanent address or phone number Unfamiliar with location or language Sarah

Why don’t trafficking victims leave? Ongoing actual or threatened abuse/sexual assault Making an “example” of another victim Threats to family or children Threat of criminal prosecution or deportation Blackmail Fear Withholding money or identity documents Only source of housing, food, clothes Posing as “friend/boyfriend/concerned relative” to induce guilt and feeling indebted Causing or exploiting pregnancy, chemical dependency, etc Dependency “I agreed to it so it’s not illegal” Isolation from support networks, service providers, others Unaware of Available Help

Practice Developing Your Response Response Discussion Together, we can create a society where ALL are Valued and Protected. Beatriz