The crime of trafficking involves the recruitment, harboring, transporting, providing or obtaining, by any means, any person for forced labor, slavery or servitude in any industry or site such as agriculture, construction, prostitution, manufacturing, begging, domestic service or marriage. We are seeing all forms of these crimes in our own communities.

TVOS Network, July 2005

Our Public Policy Work

The TVOS Network advocates for public policy that supplements anti-trafficking laws with provisions for comprehensive services for trafficking victims. In Massachusetts, we endorse legislation sponsored by Senator Mark Montigny that will create a state study commission.

There is no one-size-fits-all solution to the problem of human trafficking. Trafficking and slavery are fall-outs of globalization, the commodification of human beings, and the demand for cheap labor and commercial sex. The solutions, like the roots of the issue, are complex and involve not only community based responses, but myriad forms of governmental aid as well.

What trafficked and enslaved persons have in common is the need for safety, accurate information and a means to be economically self-sufficient. Fear of arrest and deportation, homelessness and destitution, and retaliation from the traffickers leave many people who have been trafficked unable or uncertain about leaving their exploitative situations. Others are not even aware that they have basic rights to leave or live free from the abuse.

Many trafficking survivors have experienced devastating violence, neglect, and psychological, physical and sexual trauma. The safety nets needed to keep them from re-experiencing trauma or being thrust into poverty, homelessness, further exploitation or re-trafficking are not adequately in place. The following questions remain to be answered:

• How can we ensure that victims receive the full benefit and protection of the law?
• How do we ensure that trafficking victims will not suffer adverse consequences of arrest or deportation as a result of coming forward?
• How do we meet basic survival needs—food, an income, and safe housing—when trafficking victims leave their situation?
• How can trafficking victims access culturally appropriate medical, dental and mental health care and trauma counseling services?
• How can we identify and train skilled language and cultural brokers to work with trafficking survivors and provide legal, medical and social service advocacy?

It is important that service agencies and law enforcement working with trafficked and exploited persons be aware of the impact of the trauma these clients may have experienced and build trusting and compassionate relationships with them. It is crucial that those working on trafficking cases be sensitive to client needs and create appropriate liaisons to overcome cultural and linguistic barriers that may make it difficult for victims to understand US laws, social practices and legal options. Together, non-governmental organizations and governmental agencies can enhance collaboration, create safety structures, streamline communication, coordinate federal and state services, and weigh options concerning civil or criminal remedies.

The creation of a study commission will:

1. Provide an opportunity to assess how different federal agencies including, Department of Labor, Department of Homeland Security, Offices of Refugee Resettlement and the Attorney General's Office can work together to provide remedies to help victims, including assessing the availability of reparations and repatriation.  
2. Examine how different state agencies including Department of Mental Health, Department of Social Services, Department of Education, and Office of Refugee and Immigrants work together and with federal agencies to protect victims.
3. Determine if federal laws that provide victims of trafficking with immigration benefits are sufficient.
4. Assess whether the Commonwealth needs to make a distinction between trafficking victims who are eligible for the T visa and those who are ineligible but are still harmed as a result of being trafficked.

This is the draft bill:

Senate Bill 103, filed by Senator Mark Montigny
Studying Trafficking of Persons and Involuntary Servitude

There shall be a special commission to study the issue of trafficking of persons and involuntary servitude in the Commonwealth. The commission shall consist of 3 members appointed by the speaker of the house, including the chairs of the joint committees on health care and public safety, 3 members appointed by the president of the senate, including the chairs of the joint committees on health care and public safety, the attorney general of the commonwealth and 7 persons appointed by the governor consisting of the secretary of health and human services, the secretary of public safety, three representatives of the Trafficked Victims Outreach and Services (TVOS) network, a representative of Jane Doe, Inc. and a representative of the Massachusetts Immigrant and Refugee Advocacy Coalition. The commission study shall include, but not be limited to the following, the prevalence of trafficking and involuntary servitude in the commonwealth, the harms and consequences to victims of such activities, the ability and capacity of existing social service and public benefits programs to respond to the needs of such victims, the effectiveness of existing victim witness laws, regulations, and services to respond to the needs of such victims, the interplay of such programs with federally-funded victim service programs and the ability of state programs and licensing bodies to provide benefits, programs, and licenses to such victims. The report shall include legislative and administrative recommendations and be filed with the clerk of the house of representatives and the clerk of the senate not later than 1 year from the effective date of this act.