Terrorism and Human Trafficking

Terrorism Terrorism is a crime against the public. Terrorists intend to harm or disrupt government. They usually have political, ideological, or religious intentions. Some act on behalf of their governments, others on their own.

Table 12–1 Recent Acts of Terrorism against the United States

Table 12–1 (continued) Recent Acts of Terrorism against the United States

Treason Treason is the crime of levying war against, or supporting the enemy of, one's nation. The only crime specifically mentioned in the U.S. Constitution Few have been convicted of the offense. Partially because there must be two witnesses to the same overt act—a significant hurdle to prosecutors

Sedition Sedition is the act of inciting violence or insurrection against a government. The sedition laws that exist today include the general prohibition of seditious conspiracies and the Logan Act which prohibits individuals from engaging in diplomacy with foreign governments. U.S. Code, Title 18, Section 2384

Sedition Sedition is the act of inciting violence or insurrection against a government. Other related crimes are espionage and subversive conduct. U.S. Code, Title 18, Section 2384

Terrorism Terrorism Laws—the federal government and the government of all the states have terrorism laws Usually involves crimes against people and crimes against property Terrorism is more than an attack on an individual or an individual's property, it is an attack on a government, using people or property as tools.

Terrorism There are many statutes defining the authority and responsibilities of law enforcement officers and agencies that investigate, prevent, and prosecute acts of terrorism.

Terrorism One significant federal law is the Foreign Intelligence Surveillance Act of 1978, which has secret court orders authorizing foreign surveillance by officers of the U.S. even though such orders would not be permitted in standard criminal cases within the U.S.

Terrorism Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA) limits federal habeas corpus by limiting the time for filing to one year and limits the total number of petitions that may be filed in a single case.

Terrorism In response to 9/11, Congress enacted the USA PATRIOT Act, which amended many existing laws and created new terrorism crimes and broadened authority to share intelligence among law enforcement agencies.

Constitutional Issues In combating terrorism, the government's focus is as much on prevention as it is on prosecution and punishment.

Constitutional Issues The social costs of not detecting and preventing terrorism are more akin to the damages inflicted by war than the costs associated with traditional crimes; that is, hundreds, if not thousands, can lose their lives in a single terrorist incident, property damage can be extraordinary, and the potential for lasting damage is significant.

Constitutional Issues Other constitutional issues are beginning to surface in the "war on terror". In particular, the expanded surveillance and investigative authorities of law enforcement, both at home and abroad, raise privacy concerns.

Constitutional Issues Other constitutional issues are beginning to surface in the "war on terror". Under the USA PATRIOT Act, federal law enforcement agencies possess the authority to issue an administrative subpoena to service providers demanding to see individual files without probable cause, as long as the data is relevant to a national security investigation.

Human Smuggling Human smuggling—the facilitation, transportation, attempted transportation or illegal entry of a person across an international border, in violation of one or more country's laws, either clandestinely or through deception, such as the use of fraudulent documents

Human Smuggling and Trafficking Human smuggling generally occurs with the consent of those being smuggled, and they often pay a smuggler for his or her services. Once inside the country, they usually have no further contact with the smuggler.

Human Smuggling and Trafficking The vast majority of people who are assisted in illegally entering the U.S. are smuggled rather than trafficked.

Human Trafficking Trafficking in persons is the exploitation of unwilling or unwitting people through force, coercion, threat, or deception. It includes human rights abuses such as debt bondage, deprivation of liberty, or lack of control over freedom and labor. It is often undertaken for purposes of sexual or labor exploitation.

Human Trafficking Trafficking in persons is the exploitation of unwilling or unwitting people through force, coercion, threat, or deception. Women and children comprise the largest group of victims and they are often physically and emotionally abused.

Human Trafficking Trafficking is often an international crime that involves crossing the border, but it is important to note that victims can be trafficked within their own countries and communities. Traffickers can move victims between locations within the same country and often sell them to other trafficking organizations.

Human Smuggling vs. Trafficking Some trafficking victims may believe they are being smuggled when they are really being trafficked, but are unaware of their eventual fate.

Human Smuggling vs. Trafficking The differences between smuggling and trafficking are sometimes very subtle, but key components that generally distinguish trafficking from smuggling are the elements of fraud, force, or coercion.

Human Smuggling vs. Trafficking Under U.S. law, if the person is under 18 and induced to perform a commercial sex act, then it is considered trafficking, regardless of whether fraud, force, or coercion was involved.

Human Smuggling vs. Trafficking Often human trafficking and smuggling have the same underlying conditions including: Extreme poverty, lack of economic opportunity, civil unrest and political uncertainty

Federal Immigration and Trafficking Legislation One of the first comprehensive pieces of federal immigration legislation was the 1924 Immigration Act. It limited the number of immigrants who could be admitted from any one country to 2 percent of the number of people from that country who were already living in the U.S.

Federal Immigration and Trafficking Legislation The Immigration and Nationality Act (INA) of 1952 established the Immigration and Naturalization Service (INS). The INA provided criminal penalties for anyone bringing or attempting to bring unauthorized aliens into the U.S. U.S. Code, Title 8, Section 1324

Federal Immigration and Trafficking Legislation The Trafficking Victims Protection Act (TVPA) was passed by Congress on October 28, 2000 to recognize human smuggling and human trafficking as serious social issues. The TVPA is a comprehensive statute that addresses the significant problems of trafficking of persons for the purpose of subjecting them to commercial sex acts or forced labor. Trafficking Victims Protection Act of 2000m Div. A of Public Law 106-386, Section 108, as amended

Federal Immigration and Trafficking Legislation The TVPA defines severe forms of trafficking as: Sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such an act has not attained 18 years of age. Office of the Under Secretary for Democracy and Global Affairs, Trafficking in Persons Report, 7

Federal Immigration and Trafficking Legislation The TVPA defines severe forms of trafficking as: 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. Office of the Under Secretary for Democracy and Global Affairs, Trafficking in Persons Report, 7

Federal Immigration and Trafficking Legislation Under TVPA, human trafficking does not require the crossing of an international border, nor does it even require the transportation of victims from one locale to another. This is because victims of severe forms of trafficking are not always illegal aliens; they may be U.S. citizens, legal residents, or visitors.

Federal Immigration and Trafficking Legislation The Homeland Security Act (HAS) of 2002 dissolved the INS and transferred most of its functions to the Department of Homeland Security (DHS). Three branches exist today in place of the INS: Citizenship and Immigration Services (CIS)

Federal Immigration and Trafficking Legislation The Homeland Security Act (HAS) of 2002 dissolved the INS and transferred most of its functions to the Department of Homeland Security (DHS). Three branches exist today in place of the INS: Customs and Border Protection (CBP) Immigration and Customs Enforcement (ICE)

Federal Immigration and Trafficking Legislation In 2014, the Preventing Sex Trafficking and Strengthening Families Act was signed into law. This law requires state child welfare agencies to identify and provide assistance to children who have been trafficked or who are at risk of being trafficked and to promote normalcy in foster care and adoption. Public Law 113-118 (2014)

Federal Immigration and Trafficking Legislation Section 7202 of the Intelligence Reform and Terrorism Prevention Act of 2004 established the Human Smuggling and Trafficking Center within the U.S. State Department. The Secretary of State, the Secretary of Homeland Security, the Attorney General, and members of the national intelligence community oversee the center.

Federal Immigration and Trafficking Legislation Section 7202 of the Intelligence Reform and Terrorism Prevention Act of 2004 established the Human Smuggling and Trafficking Center within the U.S. State Department. It was created to achieve greater integration and overall effectiveness in the U.S. government's enforcement of issues related to human smuggling and trafficking.