Faces of Human Trafficking: Legal Needs and Rights of Victims

Summary

This transcript highlights the vital legal services and support for survivors of human trafficking in the U.S. It emphasizes the importance of legal advocacy in addressing criminal records, immigration status, housing, and employment discrimination. Experts discuss the collaboration between civil and criminal law, as well as the rights of victims, including visa options for those without legal immigration status. The role of agencies and law enforcement in securing justice for trafficking survivors, ensuring fair wages, and restoring dignity to victims is also explored.

Takeaways

• 😀 Survivors of trafficking face numerous legal challenges, including debt, housing issues, and criminal history, which hinder their ability to move forward in life.
• 😀 New York was the first state to pass a vacating convictions law, allowing trafficking survivors to erase criminal records related to their trafficking experiences.
• 😀 Legal services for trafficking survivors often require collaboration between civil and criminal law experts, immigration lawyers, and housing attorneys.
• 😀 Civil actions are sometimes filed on behalf of trafficking survivors to address issues such as immigration status and medical care access.
• 😀 The EEOC (Equal Employment Opportunity Commission) leverages anti-discrimination laws to help trafficking victims, with a focus on employment discrimination.
• 😀 Victims of trafficking can file complaints anonymously, with the help of organizations like the Department of Labor and the Department of Justice.
• 😀 Trafficking victims have the right to be notified of their legal rights, treated with dignity and respect, and to have their privacy protected in legal proceedings.
• 😀 Many trafficking victims in the U.S. lack legal immigration status, which is a major concern for them when seeking help.
• 😀 Victims of trafficking can apply for T or U visas, which provide legal status and work permits in the U.S. if they assist in criminal investigations related to their trafficking.
• 😀 Victims, regardless of their immigration status, have access to legal protections and remedies in the U.S., including compensation for lost wages and improved quality of life.

Q & A

What are some of the legal needs of survivors mentioned in the transcript?

Survivors of trafficking face legal issues in areas such as debt and bankruptcy, housing, criminal history, and immigration status, which impede their ability to move forward in life, find jobs, secure housing, and access financial aid.

How does New York support survivors of trafficking in relation to their criminal records?

New York was the first state to pass a vacating convictions law, which allows survivors of trafficking to have their criminal records erased if they can prove the crimes they were convicted of were a result of being trafficked.

Why is civil and criminal legal collaboration important in supporting trafficking survivors?

Collaboration between civil and criminal lawyers, including immigration and family law experts, is crucial for providing comprehensive legal assistance to survivors, addressing issues like housing, immigration status, and other civil rights.

What types of legal actions might be taken on behalf of trafficking survivors?

Legal actions can include filing civil lawsuits, dealing with immigration status, and accessing medical care. Additionally, employment discrimination cases may be pursued through organizations like the EEOC.

What role does the EEOC play in addressing trafficking-related issues?

The EEOC (Equal Employment Opportunity Commission) combats trafficking by using anti-discrimination employment laws to protect victims and seek compensatory damages for the emotional harm they suffered.

How do cases of trafficking come to the attention of legal agencies?

Trafficking cases may be referred through collaborations with other agencies and interagency groups, such as the Department of Labor and the Department of Justice.

What is the Fair Labor Standards Act, and how does it relate to trafficking cases?

The Fair Labor Standards Act ensures that workers are paid a minimum wage and receive overtime pay. It is frequently involved in trafficking cases where individuals are exploited through unpaid or underpaid labor.

What rights do victims of trafficking have, according to the transcript?

Victims have the right to timely notifications about their legal status, the right to be heard in court, the right to be treated with dignity and respect, and the right to privacy.

How do immigration concerns impact trafficking victims seeking legal assistance?

Many trafficking victims, particularly those without legal immigration status, are concerned about deportation when seeking legal services. Legal support often includes informing victims about available visas that allow them to stay and work legally in the U.S.

What is the significance of T visas and U visas for trafficking victims?

T visas and U visas provide victims of trafficking with legal status in the U.S. A T visa is for trafficking victims who assist in investigations, while a U visa is for those who have been victims of certain crimes, including trafficking, and cooperate with law enforcement.

Can you provide an example of a case involving labor trafficking and legal action taken?

In a case involving a sheep herder, the victim was granted a T visa, allowing him to stay in the U.S. and bring his family over to live with him. This example highlights how legal protections and assistance can restore victims' lives.