1. Responding to Foreign Child Victims of Trafficking
Anti-Trafficking in Persons Division
Office of Refugee Resettlement
U.S. Department of Health and Human Services

2. Overview Human Trafficking Overview Identifying Victims of Trafficking
HHS/ORR Response to Human Trafficking
HHS/ORR Anti-Trafficking Resources

3. Part 1:
Human Trafficking
Overview

4. Human Trafficking is….
the use of force, fraud or coercion for involuntary labor, debt bondage or commercial sex
modern-day slavery
a violation of human rights
global in scope
a federal crime in the United States
based on principles of supply and demand
highly profitable for traffickers who can sell the same product (human being) over and over

5. Who are the traffickers?
Large-scale
sophisticated national and international crime networks
highly organized from the recruitment, transportation, and exploitation stages of human trafficking
often well-connected in country of origin
Medium-scale
often specialize in a particular source and destination country
may include pimps, brothel owners, farm owners, salon owners
Small-scale
focus on recruiting a particular victim
may be neighbors, friends, “boyfriends”, family members

6. Promises and Methods Promises Methods
Earn money to support family back home
Receive U.S. education
Adoption
Marriage
A better life
Methods
Threats of physical harm to victim or family
Threats of deportation or arrest
Isolation
Debt
Confiscation of money, passports, visa, identification documents
* Traffickers are manipulators who are skilled at gaining the trust of victims and preying on their vulnerabilities to recruit them into the trafficking situation.

7. The Victims Men, women, and children Individuals, families, or groups
Diverse in race, class, religion, and culture
Youth running away from unstable family environments
Homeless youth (aka “street kids”)
Youth with history of physical and/or sexual abuse

8. Framework for Human Trafficking Response
International
The United Nations’ Protocol to Prevent, Suppress, and Punish Trafficking in Persons (Palermo Protocol)
As of June 2013, more than140 countries have criminalized sex and labor trafficking*
National
Trafficking Victims Protection Act (TVPA) 2000 and its subsequent reauthorizations (‘03, ‘05, ’08, and ‘13)
States
Many states have passed anti-trafficking laws or have legislation pending.
* Department of State’s 2014 Trafficking in Persons Report:

9. Trafficking Victims Protection Act (TVPA)
The Trafficking Victims Protection Act of 2000 (TVPA) defines severe forms of trafficking in persons as the recruitment, harboring, transportation, provision, or obtaining of a person for:
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; or
(2) For the purpose of a commercial sex act in which the 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.  9

10. Key Elements of Federal Definition
Coercion means threats of serious harm to or physical restraint against any person; any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or the abuse or threatened abuse of the legal process. (22 U.S.C. § 7102(3)).
Involuntary Servitude “includes a condition of servitude induced by means of (A) any scheme, plan, or pattern intended to cause a person to believe that, if the person did not enter into or continue in such condition, that person or another person would suffer serious harm or physical restraint; or (B) the abuse or threatened abuse of the legal process.” (22 U.S.C. § 7102(6)).
Peonage means a status or condition of involuntary servitude based on real or alleged indebtedness. (8 CFR )
Debt bondage means “the status or condition of a debtor arising from a pledge by the debtor of his or her personal services or of those of a person under his or her control as a security for debt, if the value of those services as reasonably assessed is not applied toward the liquidation of the debt or the length and nature of those services are not respectively limited and defined.” (22 U.S.C. §7102(5)).

11. Key Elements of Federal Definition
Action: recruitment, harboring, transportation, provision, or
obtaining of a person
Means: use of force, fraud, coercion
Purpose: subjection to commercial sex*, involuntary
servitude, peonage, debt bondage or slavery
The term “commercial sex act” means any sex act on account of which anything of value is given to or received by any person. (22 U.S.C. § 7102(4))
*Any child (under 18) who is induced to perform a commercial sex act is, by federal law, a victim of a severe form of trafficking in persons. Means need not apply.

12. Trafficking vs. Smuggling
Crime against a person
Victims either do not consent to their situations, or if they initially consent, that consent is rendered meaningless by the actions of the traffickers.
Exploitation of victims to generate illicit gains for the traffickers.
Trafficking need not entail the physical movement of a person (but must entail the exploitation of the person for labor or commercial sex)
Smuggling
Crime against a country
The transaction is mutual and usually ends upon arrival at desired destination.
Business arrangement between smuggler and person wanting to facilitate the illicit crossing of a nation’s border.
Smuggling is always transnational. 12

13. Part 2: Identifying Victims of Trafficking

14. Trafficking victims have been identified in the following sectors…
Sex Trafficking
Street prostitution
Exotic dancing bars
Latino bars
Asian massage parlors
Residential brothels
Escort services
Labor Trafficking
Domestic servitude
Agricultural labor
Sweatshops/factories
Salons (nails, hair braiding)
Janitorial work
Housekeeping
Peddling

15. Challenges to identification may include….
Hidden nature of the crime
Victims often do not self-identify
Traffickers coach victims through threats and sometimes violence
Victims are fearful of harm to themselves and their families
Shame
Mistrust of authorities
Feel they are honor-bound to pay debts
Trauma bond with traffickers
Lack of understanding by community of human trafficking

16. Potential Indicators of Trafficking
Minor (under 18) involved in commercial sex
Forced to live at workplace or with employer
Employer keeping identification documents
Works long hours, in exploitive labor, under bad conditions
Unpaid, under paid, or giving over all earnings to someone else
Increasing or unending debt
Coercion
Threats
Violence
Unable to choose residence or job
Recruited with false promises
Agreement changes upon arrival
Fear or false hope 16

17. Complex Case Trends Interrupted, clandestine journeys
Potential Trafficking in other Criminal Activities
Drug trafficking
Hostage taking 17

18. Best Practices for Screening Children
Provide a safe and confidential environment
Clarify your role
Allow the child to make choices – where they would like to sit, when they would like to take a break or stop the interview
Use child-friendly language
Avoid leading questions and ask open-ended questions around the edges of the child’s experience
Use a qualified interpreter, if needed
Limit interviews by utilizing Child Advocacy Center model when possible
Give consideration to the role that trauma may play in the child’s response to the interview process
Assess child’s age and brain development prior to conducting interview
Take time to build rapport 18

19. Sample Screening Questions
What type of work do you do?
If commercial sex – is anything of value exchanged?*
Describe your working conditions.
How many hours do you work?
How often do you get paid and how much?
Do you owe money to anyone? If so, how much?
How do you get to and from work?
Do you have to ask permission to eat, sleep or go to the bathroom?
Describe your living conditions.
Have you been physically harmed in any way?
Are you afraid of someone harming you or your family?
Do you have your identification papers?
*Minors induced to perform a commercial sex act are victims of human trafficking, regardless of force, fraud, or coercion.

20. Protocols for a Child Protection Response
Safety issues
Guardianship issues
Engaging CPS
Immediate and long-term placement options
Interviewing children
Child trauma and developmental issues
Challenges and resources 20

21. Part 3: HHS/ORR Response to Human Trafficking21

22. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES (DHHS)  ADMINISTRATION FOR CHILDREN AND FAMILIES (ACF)  OFFICE OF REFUGEE RESETTLEMENT (ORR)   ATIP DCS   UAC URM * There are other ORR divisions (DRA, DRS, and DRH) that assist refugee populations, but DCS and ATIP specifically address the needs of child victims of trafficking. 22

23. DIVISION OF ANTI-TRAFFICKING IN PERSONS (ATIP)
Created to implement the Trafficking Victims Protection Act of 2000 (and subsequent reauthorizations)
DIVISION OF CHILDREN’S SERVICES (FORMALLY DUCS)
Created by the Homeland Security Act of 2002; transferred care/placement of Unaccompanied Alien Children (UAC) from Immigration and Naturalization Services (INS) to ORR in 2003
Provides temporary shelter to UAC, including those who are potential or eligible victims of trafficking.
UNACCOMPANIED REFUGEE MINORS (URM) PROGRAM
Created in 1979 to serve unaccompanied children coming to the U.S. from refugee camps.
A long-term placement option for eligible, UAC victims of trafficking. 23

24. Division of Anti-Trafficking in Persons (ATIP)
Rescue & Restore Victims of Human Trafficking public awareness campaign
Rescue & Restore Regional Program
Comprehensive case management services for foreign victims of trafficking
National Human Trafficking Resource Center (NHTRC):
Certification and Eligibility Letters 24

25. Requesting Assistance for a Potential Foreign Child Victim of Trafficking
Request for Assistance for Child Victims of Human Trafficking form
Provides information for ORR to determine if a child may be eligible for assistance
Submit forms to: or by fax to: 25 25

26. When Preparing a Case for Referral…
Ensure the case summary reflects the elements of the federal definition of a severe form of trafficking.
State facts and child’s statements only, no assumptions please.
Be specific, but only information germane to the trafficking situation is necessary.
If interviewing the child, remember to take a child-focused, victim-centered approach.
Use open-ended questions that will not be leading, and will allow for detailed responses. 26 26

27. Child Trafficking Law Enforcement Reporting Responsibility
Section 107(b)(1)(G) of the TVPA:
“Not later than 24 hours after a Federal, State, or local official discovers that a person who is under 18 years of age may be a victim of a severe form of trafficking in persons, the official shall notify [HHS] to facilitate the provision of interim assistance ....”
Contact us at: or

28. Eligibility Letter
Issued by ORR to a foreign child who is determined by ORR to be a victim of a severe form of human trafficking
Cooperation with law enforcement is not a requirement for foreign children to be issued an Eligibility Letter
Receipt of Continued Presence, a bona-fide T visa determination or T nonimmigrant status is not required for a foreign child to be issued an Eligibility Letter
Eligibility Letters do not expire 28

29. Interim Assistance
ORR issues an Interim Assistance Letter to a foreign child who may have been subjected to trafficking
It provides a 90-day period of eligibility for benefits while the case is under ORR/ATIP review and additional information is collected.
After issuing interim assistance, HHS/ORR is required to consult with the U.S. Departments of Justice and Homeland Security and nongovernmental organizations with expertise on victims of trafficking before determining the child's eligibility as a victim of trafficking.
Cooperation with law enforcement is not a requirement for a foreign child to be issued an Interim Assistance Letter
ORR State Letter regarding Interim Assistance: 29

30. Benefit Options for Minors with Eligibility Letters
URM Program
Access to benefits and services to the same extent as a refugee, to include, but not limited to:
Medicaid or Children’s Health Insurance Program (CHIP)
Temporary Assistance for Needy Families (TANF)
Free Application for Federal Student Aid (FAFSA)
Food Stamps (SNAP) 30

31. Division of Children’s Services-Unaccompanied Alien Children (UAC)
Program
Division of Children’s Services-Unaccompanied Alien Children (UAC)
Unaccompanied Refugee Minors (URM)
Placement
24-hour care for all UAC
Placements made 24/7 by Federal agency calling UAC hotline number at
Federal agency must transfer UAC in custody to ORR within 72 hours
24-hour care for certain categories of unaccompanied, non-U.S. citizen minors, including those with ORR Eligibility Letters
Placements made only M-F during normal business hours by NGOs. Contact HHS ORR for assistance
Admission to URM Program may take months
Locations
13 states, 80 sites & foster care
HHS/ORR funds grantees directly and monitors programs, all of which are State-licensed
15 states, 20 programs (and 3 sub-offices)
HHS/ORR funds states that oversee/administer URM programs and contract with State-licensed providers
Average Length
of Stay
Temporary Care
30-45 days
Released to sponsor (approx. 85%)
Repatriated (approx. 1.4%)
Age out (approx. 1.4%)
Long Term Care
3-4 years (usually enter as teens)
Depending on State, youth could be in program up to age 23 receiving independent living services and/or educational/training vouchers.
Custody
Federal Government
State, County or Private Agency
(dependency/custody MUST be established by court before 18th birthday)

32. Reporting Responsibilities
Federal, State, and Local officials: Do you believe an alien minor may be a victim of human trafficking?
If yes, you are required by federal law to notify HHS to facilitate assistance. (22 USC § 7105(b)(1)(G))
Call an ORR/ATIP Child Protection Specialist at
Do you believe a minor may have been abused, abandoned, or neglected by a caretaker in the United States?
If yes, contact your local child welfare agency to make a report. Note: Mandated reporter laws and child protection policies vary greatly depending on your jurisdiction. If you have any questions, reach out to your local child welfare agency.

33. HHS/ORR Anti-Trafficking
Part 4:
HHS/ORR Anti-Trafficking
Resources

34. Rescue & Restore Resource Materials
Limited quantities available for order free of charge at

35. Rescue & Restore Campaign website www.rescueandrestore.org
Also found at

36. Anti-Trafficking in Persons Division Child Protection Specialist