Combating Human Trafficking HOMELAND SECURITY INVESTIGATIONS

Transcription

1 Combating Human Trafficking HOMELAND SECURITY INVESTIGATIONS Protecting the Borders Against Illicit Trade, Travel, and Finance Tenaz H. Dubash, Homeland Security Investigations HSI New York

2 ELEMENTS OF TRAFFICKING (US FEDLAW) Recruit Force Commercial sex act or Transport or Harbor With or Fraud resulting or Involuntary servitude or or Provide or Obtain or Coercion Peonage or Debt bondage or Slavery

3 HOW ARE PEOPLE TRAFFICKED?

4 HOW ARE PEOPLE TRAFFICKED?

5 Common Trafficking Indicators: Victim does not have ID or travel documents. Victim is in a forced labor situation or sex trade. Victim is denied freedom of movement and contact w/family. Victim or family is threatened w/harm if escape is attempted. Victim is threatened with deportation or arrest. Victim has been harmed or denied food, water, sleep or medical care. Victim s salary is garnished to pay off smuggling fees leading to debt bondage.

6 HSI VICTIM ASSISTANCE PROGRAM

7 Victim Assistance Program (HSI) Specialized program to address victim s needs in HSI investigations Victim Assistance Coordinators (350) Victim Specialists (25) Child Forensic Interviewers (4)

8 On-Site Victim Assistance Model for large cases Hotel operations Emergency items, appropriate clothing

9 Victim Rooms Same sex Two per room If victims have children, keep them together

10 Setting Up Interview Rooms If using guest rooms for interviews, remove beds or put them to the side Create an office-like space with a desk and chairs

11 Victim-Centered Interview Practices Explain the role of those involved in the interview to the victim No visible guns/badges Phased interviews and pacing Allow a female agent to be present if it makes a female victim more comfortable Use of child forensic interview specialist for interviews of minors

12 Toiletries/hygiene items

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14 Immigration Relief Continued Presence T-visa U-visa

15 Continued Presence (HSI) Two year legal status (renewable). Provided exclusively to victims of human trafficking when there is an open investigation or prosecution. When cooperating with law enforcement, victims with Continued Presence receive eligibility for refugee benefits. Law enforcement tool for the investigation/prosecution of traffickers as well as a critical key to victim restoration.

16 Eligibility Requirements 1 - Must be a victim of trafficking as defined by the Trafficking Victims Protection Act 2- Must be a potential witness in the investigation and/or prosecution of trafficker Simply put: victim must have information about the crime and there must be an investigation Only for the time needed for the victim to assist with law enforcement to effect prosecution No limitation on the number of CP beneficiaries per fiscal year t be a victim of trafficking as defined by the Trafficking Victims Pro or in which the person

17 T Visa 1- Victim of trafficking as defined by the Trafficking Victims Protection Act 2- Physically present in the United States on account of the trafficking, or due to the subsequent investigation/prosecution* 3- Has complied with any reasonable request for assistance in the investigation or prosecution of acts of trafficking (or is under 18 years old)* 4- Would suffer hardship involving unusual and harm upon removal * Also must be admissible to the U.S. or have a waiver of admissibility from USCIS

18 U Visas Created to facilitate the reporting of crimes to law enforcement by victimized aliens who are not in lawful status while offering protections to victims of the crimes.

19 U-Visa Qualifying Crimes Involves one or more of the following or any similar activity in violation of Federal, State, or local criminal law: Rape Torture Trafficking Incest Domestic violence Sexual assault Abusive sexual conduct Prostitution Sexual exploitation Female genital mutilation Being held hostage Peonage Abduction Involuntary servitude Slave trade Kidnapping Unlawful criminal restraint False imprisonment Blackmail Extortion Manslaughter Murder Felonious assault Witness tampering Obstruction of justice Perjury ** Includes attempts, conspiracy, or solicitation to commit any of the above

20 Forensic Interviews Legally defensible Neutral Fact finding Victim sensitive Developmentally appropriate Open-ended questioning used to solicit the victim s story in his/her own words, according to his/her own stage of development

21 Goals of a forensic interview? Minimize trauma of investigation for the victim trauma of Minimize any and all contamination of the victim s memory of events any and all contamination of the victim s memory of the event(s) Maximize information obtained from the victim about alleged events.he info rmaintain the integrity of the investigative process. integrity of the investigative process

22 Some Options for Victim Interview Locations

23 HSI - Protecting Child Victims DUCS versus URM

24 ICE Referrals If a human trafficking referral is received from CPB, HSI shall conduct an interview to determine if the child has been trafficked. HSI may also receive trafficking referrals from NGOs, local law enforcement or other sources in the community. Agents Involve Victim Assistance Specialist. Coordinate with HQ Victim Assistance to request forensic interviewer.

25 ICE Division of Unaccompanied Children s Services (DUCS) Responsible for all UAC within the United States. Dept. of Health and Human Services has legal custody. Various types of settings: secure, staff secure, and shelter. Estimated 7,200 UAC per year in DUCS. UAC receive case management, education, legal representation, and access to medical and mental health care. Screening for human trafficking indicators.

26 ICE Juvenile Trafficking Victims URM Unaccompanied Refugee Minors

27 ICE Trafficked Juveniles Interim assistance through HHS is for up to 120 days. Interim assistance includes placement in Unaccompanied Refugee Minor program foster care. Longer term eligibility beyond 120 days determined in consultation with law enforcement.

28 ICE Unaccompanied Refugee Minor Program (URM) URM establishes legal responsibility, under state law, to ensure that unaccompanied minor refugees and trafficking victims receive the full range of assistance and care are available to all foster children. Must enter before 18 th birthday, but in most states can remain in URM until 21 years of age. Types of services received: Indirect financial support for housing, food, basic needs Intensive case management Medicaid benefits and mental health care ESL training Job and life skills training Legal assistance Cultural activities

29 ICE URM (continued) HHS Office of Refugee Resettlement will facilitate the appropriate placement for trafficked minors. Approximately 700 children in URM care nationwide. Most children are placed in licensed foster homes, but other licensed care settings are utilized according to children s individual needs: Therapeutic foster care Group homes Residential treatment centers Independent living programs Challenge: limited number of URM programs means that placement may be out of state/region

30 ICE Questions? Tenaz H. Dubash, VAS HSI/New York 30