Reflections/T-Visas/Thanks in dark times

Be humble

Its thanksgiving in half an hour –probably will be by the time this publishes- and I am left with a swirling pool of thoughts. On the one hand this week has marked multiple school shootings, riots, and sewn racial divide in my own country. Something I don’t want to see. I believe in progress and mistakes will always be made its how we respond that matters. On the other hand it’s hard to be thankful and enjoy this holiday season knowing the toll it will take on millions of people living in slavery, poverty, and war torn refugee societies.
Don’t get me wrong. I have a lot to be thankful for. My life is in all reality at the best point it has been in years. Work is going exceptional and I’ve scheduled the last of the classes for degree number two to graduate this coming summer. I remind myself daily of the words of St Augustine.

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So what I am thankful for today, is my country. Problems aside, we make strides daily. Let’s talk T-visa. The T-visa is an interesting piece of legislation. One of the problems with trafficking cases is that the victims are often no longer in the country when it comes time to prosecute the traffickers. This is interestingly, a problem that occurs worldwide (and in some of the lower tier countries actively deporting victims for the sake of stopping trials does occur). The T-visa is a two pronged idea. It grants victims a visa to stay in the country. Not just the victims though, victims often have families in another countries. Many of them get sucked into trafficking by willingly immigrating thinking they can send money back home. Instead they become slaves who daily hear their families threatened. The T-visa allows for the family members to come into the countries as well. They just have to make it to a US Embassy in their home country. The other side of the T-Visa? It requires that victims take the stand against their captors and traffickers. Now, personally I would be a fan of losing the second requirement. I understand it though. Trafficking cases are hard to prosecute as it is and without victims it’s near impossible. The T-visa was sort of a first of its kind effort. A government truly taking measure to aid the people who had fallen victim within its borders.
Now it is not without its problems. The law allows for Five Thousand T-Visas to be issued yearly. In its history since it was passed through congress in 2001, it has not been issued to five thousand people in a year. In fiscal year 2012-2013 including victims and family members it was issued to less than two thousand people. In total from 2002-2012, including family members, less than 5 thousand visas have been approved. –That’s less than the amount allowed per year-
Why is this the situation? In many cases because trafficking victims are terrified of law enforcement and terrified of their traffickers. Some don’t talk out of fear the traffickers will make good on all the threats they’ve been making to the victims. Other victims don’t speak because they’re afraid police will charge them with criminal offenses (another bit of fear instilled by traffickers). Some victims are afraid the law enforcement might be working for their traffickers, which is most regrettably true in some circumstances. You also have to consider that some of them just want to leave their victimization behind. The atrocities, the torture, and the shame. Psychologically many just can’t stand to face their captors again.
All of that said, the T-Visa is a beautiful piece of legislation. It was an attempt, progress, a step forward and for the most part we seem to be on an upward trend of approvals.
If you’re interested in learning more about the T-Visa please look here and here for official gov webpages.
Stay Tuned to the blog currently planned: Organ Trafficking and a discussion on how trafficking cells actually function.

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The Tips Report/Hate Evil and Love what is good.

One of the things people don’t always understand about the trafficking field (and other international criminal enterprises) is how they got so out of control. A huge part of that reason is that the ability to move people from place to place exploded in the 1990s as international travel and communication exploded. The internet alone has proven to be a huge game changer in trafficking as websites operating in the “dark net” routinely sell trafficking victims. With elements of these criminal enterprises being so new, it takes time for law enforcement and governments to establish the effective protocols for dealing with the situations. In many ways, the United States has led the fight World Wide in establishing laws to fight trafficking. I’m going to use this time to talk about some of the important laws that have come about in the US as a result of trafficking. The program with the longest reach is the Trafficking in Persons Report, commonly referred to as the tips report. Though you could spend countless hours examining the tips report and its effectiveness…we’ll just go with a brief intro.

The Tips report first began in 2001 (check out the 2014 report intro here and country rankings on page 58). The report was a requirement of a congressional passed law the Victims of Trafficking and Violence Protection Act of the year 2000. Tips examines key elements of trafficking in individual Countries and ranks them into three tiers (read as categories, and really there is 4 but two of them are considered as the same tier). So what are the three tiers?

Tier I: Countries are fully compliant with TVPA (Trafficking Victims Protection Act) standards.

Tier 2: Countries that are making progress to become compliant with the TVPA

Tier 2.5(tier 2 watch list): Countries that are not meeting tier 1 requirements and are failing to supply compelling evidence for increased efforts usually while also having an increase in the amount of trafficking going on in the country. This is also common if the country is making pledges for improvement. –Countries that remain on this list for two years and would be placed on it a third time are automatically dropped to tier 3.

Tier 3: Countries are not TVPA compliant and are making no significant efforts to become compliant.

The motivation for countries to become compliant is monetary. Countries in the tier 3 category are ineligible for non-humanitarian and trade related funds. This also means the United States will vote against loans from the World Bank for these countries.

So what are the TVPA minimum standards? Well essentially this:

Trafficking Victims Protection Act of 2000, Div. A of Pub. L. No. 106-386, § 108, as amended.

(A) Minimum standards for purposes of this chapter, the minimum standards for the elimination of trafficking applicable to the government of a country of origin, transit, or destination for victims of severe forms of trafficking are the following:

(1) The government of the country should prohibit severe forms of trafficking in persons and punish acts of such trafficking.

(2) For the knowing commission of any act of sex trafficking involving force, fraud, coercion, or in which the victim of sex trafficking is a child incapable of giving meaningful consent, or of trafficking which includes rape or kidnapping or which causes a death, the government of the country should prescribe punishment commensurate with that for grave crimes, such as forcible sexual assault.

(3) For the knowing commission of any act of a severe form of trafficking in persons, the government of the country should prescribe punishment that is sufficiently stringent to deter and that adequately reflects the heinous nature of the offense.

(4) The government of the country should make serious and sustained efforts to eliminate severe forms of trafficking in persons.

But check out the State Dept. Page for more info on the TVPA.

Read the full TIPS report and country profiles here.

Now there is all sorts of controversy surrounding the TIPS reports. That said, can we not be satisfied that the attempt is being made and that it does promote an active fight against trafficking?

That concludes my brief info of the TIPS report, stay tuned for the T-Visa, a fantastic improvement(also part of the TVPA though)

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