By Jumaina Siddiqui, Program Coordinator The Protection Project at Johns Hopkins University School of Advanced International Studies The Trafficking Victims Protection Reauthorization Act of 2003, [TVPRA] signed into law on December 19, 2003, provides for not only appropriations for the Trafficking Victims Protection Act of 2000 for 2004 and 2005 but also various amendments to the TVPA. The TVPRA aims to remove “…obstacles in the process of securing needed assistance,” increase the benefits granted to victims of trafficking and increase knowledge about trafficking in persons “to fully understand the phenomenon of trafficking in persons and…determine…effective strategies…” to combat trafficking. The TVPRA provides for new amendments to enhance prevention efforts, give greater protections for victims of trafficking and increase prosecutions of cases of trafficking. Prevention The TVPRA provides for numerous prevention programs addressing border interdictions, sex tourism and public information and awareness campaigns. Sex Tourism The TVPRA calls for the development and dissemination of materials to inform travelers about sex tourism, its dangers and the criminal penalties that are associated with the crime. Border Interdictions The TVPRA calls for the establishment and implementation of border interdiction programs in foreign countries. This includes providing grants to foreign non-governmental organizations that provide shelters for victims at border crossings, train survivors of trafficking to train border patrol guards and officials on identification of victims of trafficking and the treatment of such victims. Public Information and Awareness Campaigns The TVPRA calls for programs to support the production of radio and television program as well as documentaries that increase awareness of the problem of trafficking in countries of destination as well as informing vulnerable populations in countries of origin about the nature and dangers of trafficking in persons. Protection The TVPRA also calls for efforts to enhance protections for victims of trafficking. Certification A notable change is that in certifying victims of trafficking in persons, the Department of Health and Human Services will consider statements from local and state law enforcement officials that the victim of trafficking has been willing to comply with reasonable requests for assistance in the investigation and prosecution of cases of trafficking in persons. Benefits available to certified victims are also extended to minor dependent children of victims of trafficking. Right to Civil Action The TVPRA allows for a victim of trafficking to file a civil action against their trafficker and recover damages and attorney’s fees. However, any civil action filed during a criminal proceeding must wait until there is a final verdict in the case. T-Visa Requirements The TVPRA amends the existing T-Visa regulations and allow for trafficking victims under the age of 18 to apply for a T-Visa without the requirement of compliance with reasonable requests to assist in the investigation and prosecution in a trafficking case. It also extends the T-Visa to a victim’s unmarried siblings under the age of 18. Reporting Requirements The TVPRA calls for new reporting requirements by government agencies tasked with the protection of victims and prosecution of cases of trafficking. This includes information on the number of persons who have received benefits from Health and Human Services; the number of persons granted continued presence in the United States; the number of persons who have applied for, been granted or been denied a T-Visa; the number of persons charged with or convicted on charges of trafficking in persons, the amount, recipient and purpose of grants issued by federal agencies; the types of training conducted by the government; and the activities of the Senior Policy Operating Group. Prosecution The TVPRA has undertaken a number of amendments to assist in enhancing the number of prosecution of cases of trafficking in persons. These include: - The addition of foreign commerce in 18 U.S.C. 1591
- The addition of trafficking in persons with in the definition of a racketeering activity as it relates to RICO Act
United States Foreign Policy and Trafficking in Persons In order to strengthen the foreign policy objectives of the Trafficking Victims Protection Act of 2000, the TVPRA has created three additional minimum standards for the elimination of trafficking. The Department of State Office to Monitor and Combat Trafficking rate countries according to whether or not foreign countries comply with the minimum standards for the elimination of trafficking. The new minimum standards include: - Whether the percentage of victims of severe forms of trafficking in the country that are non-citizens of such countries is insignificant.
- Whether the government of the country, consistent with the capacity of such government, systematically monitors its efforts to satisfy the criteria described in paragraphs (1) through (8) and makes available publicly a periodic assessment of such efforts.
- Whether the government of the country achieves appreciable progress in eliminating severe forms of trafficking when compared to the assessment in the previous year.
The new amendments also stipulate that a country that does not provide data regarding investigations, prosecutions, convictions and sentences of trafficking to the Department of State after reasonable requests, will be presumed that the country has not investigated, prosecuted, convicted or sentenced cases of trafficking. The TVPRA also creates a special watch list that includes a list of countries that require “special scrutiny.” Research on Trafficking in Persons The TVPRA provides for funding for research that furthers the purpose of the TVPA and address the findings of the TVPA. This research includes: - Looking into the economic causes and consequences of trafficking
- Examining the relationship between trafficking in persons and global health risks.
- Evaluating the effectiveness of programs and initiatives funded by Federal agencies to prevent trafficking and to protect and assist victims
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