By Dora Fichter, Attorney, Gateway Alliance against Human Trafficking, Program Committee Member
Migrants are people who move away from their usual place of residence either across international borders or within their own country. There is no universally accepted definition of “migration,” and the legal protection of migrants differs greatly between the different jurisdictions. Most commonly “migrants” are understood to be people who voluntarily change their place of residence within the country (internal migration) or across the national borders (international migration). The United Nations Office of Migration reports that migrant workers comprise the vast majority of the world’s migrants, most of whom move across country borders to high-income countries. Refugees are another large group of displaced people. Unlike migrants, refugees are forced to leave their country to escape the dangers of war, oppression, or ethnic or religious violence. Many refugees flee with little or no possessions and lack access to basic means such as food, clothing, and shelter. According to the United Nations High Commissioner for Refugees, most refugees worldwide come from just five countries: Afghanistan, Syria, Venezuela, Ukraine, and Sudan.
Traveling away from home, often in a country where they have never been before, makes migrants and refugees particularly vulnerable to human-trafficking and exploitation. Traffickers target people who require visas or are otherwise unable to obtain access to the desired destination and use their vulnerability to exploit them. They lure victims by promising safe travel and entry into the desired destination and then deceive them into exploitative situations. Migrants and refugees who rely on smugglers are at particularly high risk of exploitation as many assume debt to pay the smugglers. They are often forced to repay the “debt” through forced labor or commercial sex. Some migrants or refugees might have previously been exploited by traffickers, which makes them particularly vulnerable to re-victimization. An additional threat for migrants and refugees is the presence of transnational organized crime. Gangs target migrants and refugees for sex trafficking and forced criminal activities, such as drug trafficking, theft, and violent crimes. The U.S. State Department reports that some organized crime groups target migrants and refugees who are unable to enter a country due to border restrictions or awaiting asylum decisions, including at the U.S.-Mexico border. The unfamiliarity with the language and the culture in the transit or destination countries are often contributing factors preventing the victims from seeking help from law enforcement and fearing that they will be deported.
Multiple agencies in the United States are involved in combating human trafficking of migrants and refugees. When the victim of trafficking is a foreign national, the prosecution and protection efforts primarily involve the Department of Homeland Security (DHS) and the Department of Justice (DOJ). Within the DOJ, the Federal Bureau of Investigation (FBI), U.S. Attorneys’ Offices, and the Office of Justice Programs coordinate efforts to identify victims and prosecute traffickers.
The Homeland Security Investigations (HSI) has a Center for Countering Human Trafficking (CCHT) to advance law enforcement operations, protect victims, and enhance prevention efforts. The CCHT integrates the efforts of every component within DHS involved in combating human trafficking, including criminal investigations, victim assistance, identifying and reporting human trafficking, external outreach, intelligence, and training. The HSI’s Victim Assistance Program provides a critical resource to HSI investigations and criminal prosecutions as it helps preserve victims’ and survivors’ rights, helps connect them with the services, and provides them with the support they need to fully participate in the criminal justice process.
The Office of US Citizenship and Immigration Services helps protect victims of human trafficking by providing immigration relief and assisting victims in building a sense of safety and security. Immigration relief encourages victims to become active participants in the detection, investigation, and prosecution of the crime. The T visa provides nonimmigrant status for victims of a severe form of trafficking and allows the victims to remain and work in the United States for up to four years. T visa allows the victims to apply for a lawful permanent residency if they meet certain requirements. Another visa available to victims of human trafficking is the U visa. The U visa is for victims of certain qualifying criminal activities, including human trafficking, involuntary servitude, and other serious offenses. Victims can also apply for lawful permanent residency if they meet certain requirements. The eligibility for both T and U visas generally requires the victim to assist or cooperate with law enforcement in the detection, investigation, or prosecution of human trafficking or other enumerated criminal activity.
Additionally, nonprofit organizations are essential partners in this fight, delivering direct services such as housing, legal assistance, and trauma-informed care to survivors, as well as providing training and technical support to service providers and law enforcement.
Ultimately, the effective prevention and response to trafficking among migrants and refugees depends on coordinated action between government agencies, nonprofits, and community organizations—ensuring that vulnerable individuals are protected, traffickers are held accountable, and survivors are empowered to rebuild their lives.
Sources:
International Organization for Migration: World Migration Report 2024: Chapter 5 – Migration and human security: Unpacking myths and examining new realities. https://publications.iom.int/books/world-migration-report-2024
UNHCR: What is a Refugee? https://www.unrefugees.org/refugee-facts/what-is-a-refugee/
UNHCR: Who do we protect. https://www.unhcr.org/about-unhcr/who-we-protect/refugees
The United Nations: Refugees and Migrants. https://refugeesmigrants.un.org/
The United Nations Office of Drug and Crime. University Module Series Trafficking in Persons & Smuggling of Migrants, Module 5: Vulnerability. Https://www.unodc.org/e4j/en/tip-and-som/module-5/key-issues/vulnerability.html
2024 Trafficking in Persons Report, Office to Monitor and Combat Trafficking in Persons. https://www.state.gov/reports/2024-trafficking-in-persons-report/
Interpol. Human trafficking and migrant smuggling: Lucrative crimes targeting the most vulnerable. https://www.interpol.int/en/Crimes/Human-trafficking-and-migrant-smuggling.
Office of US Citizenship and Immigration Services: Victims of Human Trafficking and Other Crimes, https://www.uscis.gov/humanitarian/victims-of-human-trafficking-and-other-crimes.
US Immigration and Customs Enforcement. Human Trafficking: HSI plays an integral role in combating human trafficking by working with its law enforcement partners to deter, disrupt & dismantle the criminal networks engaged in trafficking activities. https://www.ice.gov/about-ice/hsi/investigate/human-trafficking
Preventing human trafficking by protecting refugees, Rebecca L. Feldmann, Utah Law Review, Vol.2023, Number 3, https://dc.law.utah.edu/cgi/viewcontent.cgi?article=1353&context=ulr
(Hidden) in Plain Sight: Migrant Child Labor and The New Economy of Exploitation Shefali Milczarek-Desai Bacon Immigration Law and Policy Program, Arkansas Law Review Vol. 77, Number 2, 2024. https://scholarworks.uark.edu/cgi/viewcontent.cgi?article=1254&context=alr