Download full report in PDF format

1. Executive Summary

Forced labor is a serious and pervasive problem in the United States. At any given time ten thousand or more people work as forced laborers in scores of cities and towns across the country. And it is likely that the actual number is much higher, possibly reaching into the tens of thousands. Because forced labor is hidden, inhumane, widespread, and criminal, sustained and coordinated efforts by U.S. law enforcement, social service providers, and the general public are needed to expose and eradicate this illicit trade.

This report documents the nature and scope of forced labor in the United States from January 1998 to December 2003. It is the first study to examine the numbers, demographic characteristics, and origins of victims and perpetrators of forced labor in the United States and the adequacy of the U.S. response to this growing problem since the enactment of the Victims of Trafficking and Violence Protection Act (Trafficking Act) of 2000. The report is based on data obtained from a telephone survey of 49 service providers that have worked with or are expert in forced labor cases, a press survey of 131 incidents of forced labor, and eight cases studies of forced labor in different regions of the United States. The study was conducted by a team of researchers from Free the Slaves and the Human Rights Center of the University of California, Berkeley.

Victims of forced labor come from numerous ethnic and racial groups. Most are "trafficked" from thirty-five or more countries and, through force, fraud, or coercion, find themselves laboring against their will in the United States. Chinese comprised the largest number of victims, followed by Mexican and Vietnamese. Some victims are born and raised in the United States and find themselves pressed into servitude by fraudulent or deceptive means. Over the past five years, forced labor operations have been reported in at least ninety U.S. cities. These operations tend to thrive in states with large populations and sizable immigrant communities, such as California, Florida, New York, and Texas—all of which are transit routes for international travelers.

Forced labor is prevalent in five sectors of the U.S. economy: prostitution and sex services (46%), domestic service (27%), agriculture (10%), sweatshop/factory (5%), and restaurant and hotel work (4%) (see p.14 for complete data). Forced labor persists in these sectors because of low wages, lack of regulation and monitoring of working conditions, and a high demand for cheap labor. These conditions enable unscrupulous employers and criminal networks to gain virtually complete control over workers' lives.

The United States government has been a leader in recognizing and combating forced labor worldwide. The 2000 Trafficking Act embodies an aggressive, proactive approach to the problem of human trafficking and forced labor which

• criminalizes procuring and subjecting another human being to peonage, involuntary sex trafficking, slavery, involuntary servitude, or forced labor;

• provides social services and legal benefits to survivors of these crimes, including authorization to remain in the country;
• provides funding to support protection programs for survivors in the United States as well as abroad; and
• includes provisions to monitor and eliminate trafficking in countries outside the United States.

Despite these considerable advancements, the Trafficking Act has some notable shortcomings. The Act conditions immigration relief and social services on prosecutorial cooperation and thus creates the perception that survivors are primarily instruments of law enforcement rather than individuals who are, in and of themselves, deserving of protection and restoration of their human rights.

Furthermore, more proactive measures need to be taken to train law enforcement officers, particularly at the local level, to identify victims and forced labor operations; improve cooperation and information sharing on forced labor between federal and state agencies; revise procedures for the handling of survivors; and provide survivors with protection, benefits, and compensation.

By and large, victims of forced labor are reluctant to report abuse to law enforcement personnel because they fear retribution from their traffickers. Many victims have an inherent fear of police based on their past experience with corrupt authorities in their home countries and communities. To overcome these obstacles there is an urgent need to train law enforcement personnel at all levels to recognize and assist trafficking victims.

Trafficking is defined almost exclusively as a federal crime to be handled by federal authorities. This limited mandate has hindered coordination between federal and state law enforcement agencies that, in turn, has allowed perpetrators of forced labored to go undetected. Moreover, federal law enforcement personnel are often unable to protect survivors and their families from traffickers because authorities lack the necessary legal tools, assistance, and funds to provide them with secure and safe refuge. Taken together, these obstacles can impede a survivor's willingness to cooperate in criminal investigations.

Forced labor survivors are at significant risk of developing health related problems. Most survivors come from impoverished areas of the world where access to adequate health care is limited or nonexistent. Because forced labor victims often circumvent formal medical screenings for migrants, many arrive in the United States without proper immunizations and bearing communicable diseases. Once trafficked migrants reach their destination in the United States, they continue to face a variety of health risks as they begin working in dangerous and unregulated work environments. Those who work in the sex trade are especially at risk of contracting AIDS or other sexually transmitted diseases. Perpetrators of forced labor frequently use violence or the withholding of food as a means of "breaking," controlling, and punishing their workers.

Victims of forced labor often suffer psychological assaults designed to keep them submissive. Cut off from contact with the outside world, they can lose their sense of personal efficacy and control, attributes that mental health professionals have long considered essential to good mental and physical health. In such situations many forced labor victims become increasingly dependent on their captors, if merely to survive. While little is known about the specific psychological sequelae of forced labor, survivors often report feelings of depression, reoccurring nightmares, and panic attacks.

While the Trafficking Act has greatly amplified the federal government's role in investigating and prosecuting forced labor cases in the United States, the job of providing basic social and legal services to survivors has fallen squarely on the shoulders of nongovernmental organizations (NGOs) and social service agencies. Yet fewer than half of these agencies are able to meet these needs. Social service agencies report that finding appropriate housing for survivors has been one of their greatest challenges. Housing that is safe and secure can protect survivors from their former captors. Yet, housing of any kind can be costly for social service agencies. Much would be gained if these agencies were provided with greater financial support so that they can provide survivors of forced labor with safe and adequate housing and other basic legal and social services.

We recommend that the U.S. government undertake the following measures to combat forced labor in the United States:

1. Start a broad-based awareness-raising campaign about human trafficking and forced labor in the United States with special attention to reaching immigrant communities. Private citizens should be informed about the characteristics of forced labor operations and how to identify potential victims. Further, increased public awareness about the demand for goods and services provided with forced labor can foster public pressure on employers and manufacturers to eradicate conditions that generate market vulnerabilities to the use of forced labor.

2. Improve the institutional capacity of law enforcement personnel at the local, state, and federal level to respond to forced labor and trafficking. The U.S. government should increase training and coordination of officials involved in the identification, investigation, and prosecution of perpetrators. In addition, more resources should be devoted to enable service agencies to aid existing clients and to conduct outreach that might result in identifying more victims.

3. Ensure better legal protections and monitoring of workers in sectors such as agriculture, domestic labor, garment industry, and food service that are particularly vulnerable to forced labor and trafficking. The U.S. government should promote accountability in those sectors, especially agriculture and garment manufacturing, that use subcontracting systems which violate labor laws and practices.

4. Correct aspects of migration policy that provide incentives for unscrupulous employers to use forced labor. The U.S. government should eliminate the visa requirement that mandates a worker to remain with one particular employer. This would help reduce the vulnerability of low-wage workers to exploitation.

5. Strengthen protection and rehabilitation programs for survivors. To address short-term needs of survivors, the U.S. government should create incentives for survivors to come forward and cooperate with law enforcement personnel. This includes developing mechanisms to protect victims and family members vulnerable to retaliation and threats by traffickers in home countries. U.S. authorities should also review eligibility requirements for immigration relief as well as their administration to ensure these are consistent with the goal of supporting and protecting survivors. Increased public and private support to social service agencies is required in order to provide adequate, safe housing to survivors upon liberation from captivity. Once survivors feel safe and secure they are more likely to aid law enforcement personnel in the prosecution of suspected traffickers.

Next