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Human Trafficking in Agriculture

Cecilia Cortina Segovia - Human Trafficking Specialist

(845) 331-6615 ext. 1012 | ccortina@wjcny.org

INTRODUCTION

What comes to your mind when you think of human trafficking?

What does it look like?

What is Human Trafficking?

"Human trafficking involves the use of force, fraud, or coercion to obtain some type of labor or commercial sex act." -DHS

  • Does not require movement
  • Trafficker profits from trafficked individual
  • Trafficked individual doesn't have the ability to stop the situation

Freedom of Movement ≠ Freedom of Choice

FORCE

FRAUD*

COERCION

  • Threats to self or loved ones
  • Threats of arrest, deportation
  • Blackmail
  • Debt bondage
  • Withholding of legal documents
  • Other psychological manipulation & control
  • Isolation
  • Monitored activities
  • Creating dependence
  • Physical assault

  • Sexual assault & Rape

  • Confinement

  • Kidnapping

  • Deprivation of basic needs (food, water, sleep)

  • Facilitated drug use
  • Withholding of wages

  • Fraudulent employment contracts

  • False Promises

  • Love, marriage

  • Education

  • Employment

  • Living conditions

*easier to conceal, often overlooked

AMP Model

Action

Purpose

Means

Induces

Force

Commercial Sex

(Sex Trafficking)

Recruits

Fraud

-OR-

Harbors

Coercion

Labor / Services

(Labor Trafficking)

Transports

*Inducing a minor into commercial sex is considered human trafficking regardless of the presence of force, fraud or coercion.

Provides

Obtains

HISTORY

HISTORY OF SLAVERY AND AGRICULTURE

TIMELINE

Farm Labor Today

FARM LABOR TODAY

  • Large majority Mexican and Central American

  • Large majority undocumented

  • Excluded from many Labor laws: overtime, day of rest, collective bargaining, unemployment insurance, sanitary codes for housing (Farmworkers Fair Labor Practices Act 2020)

  • Children as young as 12 can work

  • Deplorable housing and working conditions

  • Dangerous work, high exposure to chemicals

CHILD LABOR

LAWS

NEW YORK STATE AND FEDERAL LAWS

FEDERAL (TVPA)

U.S. Federal Definition (TVPA)

  • The recruitment, harboring, transportation, provision, or obtaining of a person for labor or services through the use of force, fraud or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

  • Sex Trafficking defined as the recruitment, harboring, transportation, provision, obtaining, advertising, patronizing, or soliciting of a person for the purpose of a commercial sex act.

  • Trafficking victims in the U.S. can be divided into three populations:
  • Minors (under age 18) involved in commercial sex
  • Those age 18 or over involved in commercial sex via force, fraud, or coercion
  • Children and adults forced to perform labor and/or services in conditions of involuntary servitude, peonage, debt bondage, or slavery, via force, fraud, or coercion

NYS ANTI-TRAFFICKING LAW

NYS

ANTI-TRAFFICKING LAW

“Labor Trafficking”

  • A new N.Y. Penal Law §135.35 creates the crime of “Labor Trafficking.” A person commits this crime when he or she compels or induces another person to engage in labor, or recruits, entices, harbors, or transports such other person by means of intentionally: providing the victim with certain drugs; requiring servicing of a debt that is caused by a course of conduct, with intent to defraud such person; withholding or destroying government identification documents; using force or engaging in any scheme, plan or pattern to compel or induce such person to engage in labor activity by making that person fearful of one of seven actions or consequences against him or her.

  • N.Y. Penal Law §135.35 makes the crime of “Labor Trafficking” a class D felony, with a maximum sentence of 7 years imprisonment. In addition, a court may order a defendant to pay a fine of $5,000 or double the defendant’s gain from the commission of the crime.

  • A new N.Y. Penal Law §135.36 provides that a victim of “Labor Trafficking” is not an accomplice of the trafficker.

“Sex Trafficking”

  • A new N.Y. Penal Law Section §230.34 creates the crime of “Sex Trafficking.” A person commits this crime when he or she intentionally advances or profits from prostitution by: (1) providing the victim with certain drugs; making material false statements; withholding or destroying government identification documents; requiring repayment of a debt; using force or engaging in any scheme, plan or pattern to compel or induce such person to engage in prostitution by making that person fearful of one of eight actions or consequences against him or her.

SEX AND LABOR TRAFFICKING

SEX AND LABOR TRAFFICKING

Indicators

SEX TRAFFICKING

LABOR TRAFFICKING

Force, Fraud, Coercion.

Recruiting, Harboring, Transporting, Provisioning or Obtaining a person for such.

A form of modern day slavery in which individuals perform labor or services through the use of force, fraud or coercion. Labor Trafficking includes situations of debt bondage, forced labor and involuntary child labor.

A form of modern day slavery in which someone uses force, fraud or coercion to commit a commercial sex act with an adult

-OR-

causes a minor to commit a commercial sex act.

Process

Commercial Sex

(Sex Trafficking)

-OR-

Labor Services

(Labor Trafficking)

Recruiting, Harboring, Transporting, Obtaining or Providing a person.

End

Means

Force,

Fraud,

Coercion.

LABOR TRAFFICKING

LABOR EXPLOITATION

Intersection of Labor Trafficking and Labor Exploitation

INDICATORS

AND

OUTREACH

IDENTIFICATION AND OUTREACH

OPINION ON ACCESS

ACCESS

AGRICULTURE AND LABOR TRAFFICKING

AGRICULTURE INDUSTRY AND LABOR TRAFFICKING

  • Trafficker Profile
  • Men or women, employers, drivers, recruiters and/or family members (multiple actors)

  • Recruitment
  • Misrepresented job offers / False Promises

  • Victim Profile
  • Latino male migrant workers, mostly from Mexico and Central America, on seasonal H-2A visas
  • Undocumented workers

  • Methods of Control
  • Isolation
  • Denying them even necessities
  • Economic abuse, improper deductions and payment at piece rates rather than hourly rates

INDICATORS

AND

RED FLAGS

RED FLAGS

INDICATORS OF DOMESTIC MINOR SEX TRAFFICKING

INDICATORS OF DOMESTIC MINOR SEX TRAFFICKING

DISPELLING MYTHS ABOUT TRAFFICKING

Myth # 1: Trafficking requires transportation across borders

  • It does NOT! No movement is required.

Myth # 2: Individuals cannot be paid for work.

  • Lack of payment is NOT an element of a trafficking claim. Some trafficking victims DO receive money.

Myth # 3: Workers must be physically restrained or restricted

  • Workers MAY be trapped, but this is not an element. Workers can be free to move around, or drive to and from work.

Myth #4: It isn’t trafficking if there are no direct threats

  • Trafficking can be affected by a “scheme, plan or pattern” designed to overcome workers’ will

Myth #5: Firing someone means there was no trafficking.

  • Traffickers can fire people after they’ve exploited their labor.

GROUP ACTIVITY

KEY QUESTIONS TO KEEP IN MIND

  • Was the person recruited? What was he or she promised?

  • Did someone else organize or force the person’s migration? What was the cost/debt?

  • Were the person’s identity documents taken? When? Where?

  • What were the actual working/living conditions once in the U.S.?

  • Is there freedom of movement?

  • Was the person coerced? How? (violence, threats, psychological abuse, false promises, misleading or fraudulent information)

  • Was the person paid? How much?

  • Did the person try to leave his/her job? What happened?

  • Is the person afraid of his/her employer? Why?

WJCNY ASSISTANCE

WJCNY Assistance

Legal Services

Professional Opinion

Link Survivors with Services

Training

Case Management

Investigation Confidentiality

Technical Assistance

Link Victims with Law Enforcement

Cecilia Cortina Segovia

Human Trafficking Specialist

(845) 331-6615 ext. 1012

ccortina@wjcny.org

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