By Rachel Rein

This Note explores human trafficking in the United States through Disability Critical Race Studies (DisCrit). First, the Note offers background on trafficking and applicable federal law. The Note shows that not only does trafficking disable people, but that people with preexisting disabilities are especially at risk for trafficking. Next, the Note indicates that trafficking law follows a Law-and-Order framework that retraumatizes marginalized survivors. Then, the Note introduces DisCrit and justifies its use for anti-trafficking advocacy. Finally, the Note applies DisCrit. By looking at trafficking law through DisCrit, it becomes clear that trafficking law must work with—not against—survivors to end human suffering.

42 Colum. J. Gender & L. 183 (2022).

By Melissa M. Labriola, Nastassia Reed, Anna White Hewitt

The U.S. Department of Homeland Security (DHS) Secretary's directive on human trafficking and the agency's strategy for combating human trafficking outline ambitious goals to address the harms of this criminal activity on its victims and society. However, the logistics and tactics needed to properly implement a victim-centered approach in all facets of law enforcement can be complex. The first step in implementing a victim-centered approach to countering human trafficking is to understand what is already known, what policies may hinder or promote a victim-centered approach, and what training and programming can assist law enforcement. This knowledge can assist DHS's Center for Countering Human Trafficking in both recognizing the importance of a victim-centered approach and understanding how to factor it into day-to-day duties. To address the challenges and outcomes stated above, the authors conducted a review of academic and gray literature to build out a baseline of knowledge. The authors also summarize applicable practices (external to DHS) that implement a victim-centered approach in the following key areas: victim identification and screening, training, and law enforcement operations.

Key Findings

There is limited research in peer-reviewed articles and gray literature on how to improve victim identification and screening for human trafficking in a law enforcement setting

• Most victim identification screening tools are implemented in clinical settings by clinical providers or social workers.

• Understanding the risk factors, accepting how an individual's exposure to trauma affects cognition, and recognizing common symptoms of trauma can inform agents in their daily work.

Effective training programs can create a workplace with a common understanding of trauma

• Building a workforce capable of using trauma-informed and victim-centered approaches relies on effective training programs to build knowledge, capacity, and skills.

• Key skills to develop through training include avoiding retraumatization, building relationships with survivors, working with a diverse population, and conducting effective interviews with survivors.

• During training, alternatives to standard lectures can be valuable to encourage participation and skill retention.

Organizational change is needed to implement a victim-centered approach in law enforcement operations

• Implementation of a victim-centered approach requires organizational change and an overarching framework that affects every step and person within the system.

• A victim-centered approach is centered in a culture of continuous learning and collaboration.

• The depth of knowledge about human trafficking, including prevalence rates and successful intervention methods, points to the difficulties in operationalizing an evidence-based, victim-centered approach.

• According to the literature review, individual police agencies and service agencies are prioritizing some operations that can possibly be adopted and adapted to a federal law enforcement setting.

Recommendations

• DHS law enforcement's best course of action would be to take an informal approach to screening and prioritize identifying trauma symptoms during law enforcement’s brief interactions with potential victims.

• Law enforcement personnel should educate themselves on myths and stereotypes about victim behavior and the cultural backgrounds and unique challenges faced by trafficking victims from different communities, including cultural differences and language barriers.

• Cultural sensitivity; acknowledging cultural norms, beliefs, and languages; and rapport-building would support victims in sharing their stories.

Santa Monica, CA: RAND, 2024. 28p.

By Rebecca Pfeffer, Melissa M. Labriola, Lynn Langton, Duren Banks, Dulani Woods, Michael J. D. Vermeer, Brian A. Jackson

Human trafficking is a complex and nuanced social problem that continues to be difficult to combat in the United States and around the world. The lack of understanding of how many people experience trafficking is a pervasive issue with implications for resource allocation, policy response, and intervention programming. Over the years, there have been many attempts to determine the prevalence of trafficking; however, the hidden nature of such exploitation continues to be problematic. Measuring the prevalence of trafficking may have utility for practitioners and other key stakeholders who are assessing the level of need and resources necessary to engage in outreach, prevention, and intervention with suspected or identified victims. However, there is neither a clearly defined set of indicators that have utility for measuring prevalence nor a standard practice for using prevalence studies to fill information gaps that can improve service provision. This report presents findings and recommendations from an expert workshop that focused on the type and level of information (national, state, local) related to the prevalence and characteristics of trafficking that are most useful for practitioners working with trafficking survivors. The workshop culminated in the creation of a prioritized list of the key gaps in understanding the scope of labor and sex trafficking, solutions to begin to fill those gaps, and key indicators that should be considered as part of a broader effort to better classify types of trafficking.

Key Findings

• There is a lack of consensus on indicators and definitions of trafficking.

• Prevalence estimates are aggregate; disaggregation is important for better understanding risk (e.g., to inform instrument and sample design).

• There is limited focus on how prevalence estimates can be used to assess the effectiveness of various interventions and preventions.

• Prevalence is measured without any discussion of what to do with those estimates or how to use them to better serve people who experience trafficking.

• Different industries, populations, political landscapes, and forms of exploitation require different methodologies for estimating prevalence.

• Implicit bias is a problem for reporting, identification, recruiting, data collection, and service provision (e.g., some practitioners know to look for white female victims only).

Recommendations

• Establish and validate a standard set of indicators and then apply those indicators to legal definitions of trafficking.

• Create a guide with best practices on instrument design, sampling approaches, testing, open data, and dissemination practices to allow for appropriate disaggregation (while protecting privacy).

• Encourage funders and researchers to gather information during the prevalence stage that can be applied to programs, interventions, and subsequent effectiveness assessments.

• Recommend that research funders and researchers use, at a minimum, a co-creation model, but, ideally, they should use a rigorous community-based participatory action research approach.

• Establish, design, and co-create the research design and implementation with researchers and the affected community (including those with lived experience).

• Ensure that prevalence research includes underrepresented subpopulations by using designs that employ community-based approaches that will identify diverse perspectives in communities.

Santa Monica, CA: RAND, 2024. 20p.

By DJ Summers  

Colorado’s crime surge in the early 2020s was not limited to property and violent crimes. Human trafficking also surged. These offenses come in two forms. Victims are either coerced into labor or into commercial sex acts, the latter of which represents the majority of Colorado’s human trafficking. Colorado is not an outlier. Nationally, human trafficking has increased as well and reached a ten-year high in 2023. Colorado’s human trafficking is more severe than elsewhere. The state ranks among the states with the highest numbers of human trafficking reports and rates of human trafficking reports. To understand the problem of human trafficking better, leaders should consider better means of assembling data that would show trends among offenders and victims.

Key Findings

In 2023, Colorado had the nation’s 10th-highest number of human trafficking reports, 84 in total.

 In the U.S., the total number of reported human trafficking incidents rose and reached a 15-year peak in 2023, with 3,117, more than twice the number reported in 2019.[i]

Colorado had the nation’s 10th highest rate of human trafficking reports per 100,000 at 1.44.

 Colorado reached a record amount of human trafficking in 2023, with 84 reported incidents.

On average, there have been 74 reports of human trafficking in Colorado in 2021, 2022, and 2023. Between 2016 and 2020, there were an average 48 per year.

Adams County is the location for the largest share of Colorado’s human trafficking both over time (27%) and in 2023 (26%).  

El Paso and Denver counties rank second and third from 2008 to 2024, with 21% and 18%, respectively.

 In the record year 2023, Adams, Boulder, and Denver counties had the highest shares of human trafficking at 26%, 15%, and 18%, respectively.

 Greenwood Village, CO: Common Sense Institute, 2024. 10p.

By Lieba Faier 

 In The Banality of Good, Lieba Faier examines why contemporary efforts to curb human trafficking have fallen so spectacularly short of their stated goals despite well-funded campaigns by the United Nations and its member-state governments. Focusing on Japan’s efforts to enact the UN’s counter-trafficking protocol and assist Filipina migrants working in Japan’s sex industry, Faier draws from interviews with NGO caseworkers and government officials to demonstrate how these efforts disregard the needs and perspectives of those they are designed to help. She finds that these campaigns tend to privilege bureaucracies and institutional compliance, resulting in the compromised quality of life, repatriation, and even criminalization of human trafficking survivors. Faier expands on Hannah Arendt’s idea of the “banality of evil” by coining the titular “banality of good” to describe the reality of the UN’s fight against human trafficking. Detailing the protocols that have been put in place and evaluating their enactment, Faier reveals how the continued failure of humanitarian institutions to address structural inequities and colonial history ultimately reinforces the violent status quo they claim to be working to change.

Durham, NC; London:  Duke University Press,  2024

By Eva Veldhuizen Ochodničanová, Alicia Heys

Despite the link between conflict and human trafficking having been globally recognized, academic inquiry investigating how the two interact continues to be limited. Given the recency of the full-scale invasion of Ukraine by the Russian Federation in February 2022, this lack of literature is even more pronounced in understanding how the risks of trafficking are developing in the current context. This paper examines extant academic literature to explore what is already known about the relationship between conflict and human trafficking, situating this within the theoretical framework of routine activity theory (RAT). It analyses governmental and non-governmental organization reports emerging from Ukraine to contextualize the risk that is specific to those affected by the war. The paper identifies four key drivers of risk facing those in, or fleeing, Ukraine, which can heighten their vulnerability to human trafficking, before offering a novel and innovative typology of the ways that human trafficking can manifest as a result of conflict. The typology gives consideration to the direct and indirect links between conflict and trafficking, the geographical spaces in which trafficking can occur, and the specific forms that exploitation can take. By situating the paper within RAT and contextualizing it with evidence from the war in Ukraine, the findings of this paper provide both theoretical and empirical insights that help to expand existing knowledge on how conflict situations can increase the risk of THB.

  Journal of Illicit Economies and Development, 6(2): pp. 26–41.2024