Identifying and Responding to Survivors of Labor Trafficking Andrea Hughes, LMSW Safe Horizon Anti-Trafficking Program Julie Butkowski International Institute of Buffalo 2017 OVS Conference Serving the Underserved: Increasing Access to Victim Services

Training Agenda Introduction and Trigger Warning Overview of Labor Trafficking and Tips for Identification Resources Available to Survivors What We Can Do to Address Labor Trafficking Questions

Safe Horizon Anti-Trafficking Program Safe Horizon is a victim service agency in New York City, providing services to survivors of all crimes. The Anti-Trafficking Program was founded in 2001 Provides client centered, trauma focused intensive case management and legal services to survivors of labor and sex trafficking In FY17, ATP provide case management services to 189 survivors of human trafficking. 55% of the clients experienced labor trafficking

International Institute of Buffalo The Human Trafficking Survivor Support Services Program provides intensive case management services to any survivor of human trafficking in Western New York.  We have specialized services for females, males, youth, immigrants, U.S. Citizens, LGBT population, and those who experienced labor and sex trafficking. Services are provided free of charge and regardless of immigration status. The Institute can help with the following needs: safety, legal and court, housing, basic needs, medical, social service benefits, mental health, substance abuse, crime victim help

Some Material May Be Triggering. Please Take Good Care of Yourselves Image From: http://anguerde.com/TTF-321201-lotus-flower.html

What is Labor Trafficking?

Human Trafficking Overview Trafficking is the global practice of exploiting men, women and children for use as commodities in conditions of sexual or labor servitude. © Jane Rosenberg

People Are Trafficked Into Various Industries Retail work Domestic labor Farming Hotel or tourist industry Teachers Restaurant work Garment factories Sex trade Construction Beauty salon

Traffickers often accompany victims at all times and can be: Friends Family Romantic partners Acquaintances Domestic worker employers Labor Recruiters Government employers (US & International Diplomats) Photo: Kay Chernush for U.S. State Department

International Labour Organization (2012) General Statistics International Labour Organization (2012) 20.9 million human trafficking victims, worldwide 14.2 million labor trafficking victims 4.5 million sex trafficking victims -- 60% are male -- 1 million are children DOS: TIP Report – USA (2016) 257 Federal Prosecutions on HT (FY15) 248 involved Sex Trafficking 9 involved Labor Trafficking 377 defendants charged

Human Trafficking – Federal Definition The federal term ''severe forms of trafficking in persons'' means: 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 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.

What are some examples of force, fraud or coercion? Physical violence Sexual Assault Kidnapping Confinement and Physical Restraint Burning Fraud Deceitful enticing promises or lies Lying about working conditions Lying about wages Coercion Threats of serious harm or restraint to victim or loved ones/family Threats of deportation or being arrested for crime Incurring debts Revealing sexual orientation, HIV status, prior arrest(s)

Labor Trafficking vs. Labor Exploitation Element of force, fraud or coercion Limited/no freedom of movement Limited/no freedom to leave Little/no control over earnings Exploitation Substandard work conditions Freedom of movement Freedom to leave Unfair wages

Identifying Trafficked Persons Photo: Kay Chernush for U.S. State Department

Common Red Flags Suspicious employment situation Work, but have no access to their earnings May not know their address May not have identification documents May be confused as to where they are Dependence on “friend” or co-worker to answer questions Abusive relationships Not dressed adequately

Common Red Flags – Continued Provides contradictory information Fearful of providing information Suicidality, depression Fearfulness, anxiety, trauma symptoms Distrustful of authority figures Difficulty communicating due to limited social interactions Untreated injuries – explanations inconsistent Delayed medical care

Questions to Ask to Assess for Labor Trafficking Do you feel that you are free to leave your workplace? Do you feel that if you left, you or your loved ones would be hurt in some way? (ie. What do you fear would happen if you left?) Has a supervisor/employer/family member threatened to harm you or anyone you know? Or threatened to call the police or immigration authorities? Was your passport taken from you?

Questions (continued) Are you receiving all the money you earn? Were you ever told you had a debt to pay off? Do you owe your employer, or someone else money for giving you a job? What promises were made to you by an employer or agency that influenced you to come to the US? Tell me about your living conditions

Best Practices When Interviewing a Potentially Trafficked Person Use the same words the person is using and don’t correct them; especially as it refers to their relationships and situation. Be open to unfamiliar narratives and stories. Create a safe space for talking: Always speak with the person privately. Always use professional interpreter services when a language barrier exists. DO NOT rely on the person’s friend or associate if interpretation services are required. Use a trauma-informed, non-judgmental approach when interviewing.

If You Think Someone Is Being Trafficked Communicate messages of hope: You have rights. You are entitled to services and help. Assess Safety: Are you afraid to go home? Do you have a safe place to stay? What would happen if you didn’t return to your work site/residence this evening? Make Referrals: Connect the individual directly with an appropriate service provider

Resources Available for Survivors of Trafficking

Survivors of Labor Trafficking Often Need Support Around… Shelter/Housing Food Clothing Medical/Dental/Mental Health Immigration Advocacy Financial Assistance Information Counseling

Immigration Remedies Three immigration remedies specifically available to trafficked foreign nationals are: Continued Presence T-Visas U-Visas

T Visa/U Visa Benefits Provides legal nonimmigrant status for foreign victims of trafficking to stay in the U.S. for up to four years; Provides an employment authorization document (EAD); Provides protection against removal (deportation); T and U Nonimmigrant status holders may apply for a green card after 3 years in U or T visa status

Public Benefits for T-Visa Holders After T-Visa granted, survivors receive a Certification Letter from HHS With Certification Letter, survivors qualify for all federal and state benefits programs – same a refugees Ex. Medicaid, cash assistance, public housing, SSI, food stamps

Family Reunification Certain members of a T/U visa holder’s family can apply for derivative T/U visa status If the T/U visa holder is under 21 years old, they can apply for their spouse, unmarried children, parents and unmarried siblings under 18; If the T/U visa holder is 21+, they can apply for their spouses and unmarried children under 21 years old Other members of T visa applicant/holder’s family if they are at risk of retaliation from the trafficker

Financial Assistance for Labor Trafficking Survivors There is financial assistance available specifically for trafficking survivors For both undocumented and documented individuals Covers basic needs while becoming more stable and self-sufficient

Trauma Reactions that can Impact Connection to Services Shelter may be highly triggering because of the rules, regulation of food, and multiple people sleeping in close quarters Due to clients not knowing everyone involved in the trafficking, there may be an intense level of distrust of all people that can become debilitating Any perceived attempt of control may be extremely triggering for clients Feelings of dependence may also be triggering for clients to the point they struggle to receive any assistance, such as public benefits

Best Practices for Providing Services Client Centered: Clients are provided with information and make their own choices Trauma Informed: Understanding trauma and how it has impacted the client is imperative Comprehensive: Includes knowledge of resources and basic legal remedies for trafficking

Finding programs that can help… National Human Trafficking Hotline: 888-373-7888 Office for Victims of Crime Directory of Crime Victim Services: https://ovc.ncjrs.gov/findvictimservices/ New York State Office of Temporary and Disability Assistance, Refugee Services: (518) 402-3096 OVS Locate a Program: https://ovs.ny.gov/locate- program

How You Can Make a Difference in the Fight Against Labor Trafficking Stay Informed: Understand how policies impact labor trafficking and survivors (i.e. immigration policy, labor policy) Advocate: To keep labor trafficking at the forefront of the discussions about human trafficking, and advocate for services for survivors Identify: Assess your clients for labor trafficking and connect to services Inform: Talk about worker’s rights and signs of labor exploitation and trafficking with clients

Questions?

Contact Information Andrea Hughes, LMSW, Supervising Social Worker, (718)943-8642 Andrea.hughes@safehorizon.org Julie Butkowski, Human Trafficking Case Manager, (716) 883-1900 ext 322 office Jbutkowski@iibuff.org Thank you!