Laws Preventing Trafficking
Today, trafficking is recognized internationally as a violation of international basic human rights. Human trafficking was legal in the United States until 1863, when the Emancipation Proclamation freed enslaved people. In addition, laws around sex trafficking and labor have changed to decrease trafficking in the United States. Three of these newer laws are discussed next.
The Victims of Trafficking and Violence Protection Act of 2000 protects undocumented immigrants in the United States who are the victims of trafficking. This law allows victims to apply for a T visa if they can prove they were the victim of trafficking and they are willing to help with the prosecution of the perpetrator. Victims need to be able to report the crime in order for the law to be triggered, but
one of the big issues around this law is that victims fear retribution against their family or friends if they report the crime.
The Stop Enabling Sex Traffickers Act (2018) added to prior laws by making it illegal to help sex trafficking by making it illegal to advertise sex trafficking or benefit from participating in sex trafficking advertising, including electronically. Some groups, like the ACLU and the Sex Workers Outreach Project, are concerned that the bill places an unnecessary burden on Internet companies and intermediaries that handle user-generated content because they would be responsible for monitoring activities. In addition, sex workers, who are not trafficked individuals, argue it makes it harder for them to do their jobs and potentially threatens their safety because they use these platforms to negotiate services.
Safe Harbor Laws help protect victims of trafficking from criminal prosecution because they are considered under the influence of a trafficker and are being exploited. Unfortunately, this only applies to federal laws, and not every state has similar protections for victims.