Coalition Calls for Important Trafficking Protections to Remain in Place, Protecting Children Fleeing Violence

The Alliance to End Slavery and Trafficking (ATEST) is a U.S. based coalition that advocates for solutions to prevent and end all forms of human trafficking and modern slavery around the world. We are writing to express our serious concerns about calls by Congress for changes to the Trafficking Victims Protection Reauthorization Act of 2008 (“TVPRA”) and administrative responses intended to speed up the removal process. These changes would weaken legal protections for unaccompanied children and make victims of human trafficking particularly vulnerable by curtailing access to due process, legal representation, and child-appropriate services.

ATEST opposes any attempt to amend or eliminate section 235 of the 2008 TVPRA, which provides important procedural protections for unaccompanied children, navigating the complex immigration process, to determine if they are eligible for any existing immigration relief as victims of trafficking or persecution. We are deeply concerned about administrative and legislative attempts to circumvent these important protections and remove the children apprehended at the border through a non-judicial process. Instead of affording these children proper screening for trafficking and persecution, as well as the opportunity to receive fair and full consideration of their legal claims before an immigration judge, members of Congress appear to propose to quickly remove them without access to legal counsel. Removals would follow cursory screenings that have already proven entirely inadequate to identify genuine refugee and trafficking claims among Mexican children.

Traumatized children, including victims of human trafficking, do not open up immediately. They often need time in an appropriate setting not only to express their true reasons for fleeing to the United States, but also to be interviewed by the right individuals – namely, those who have expertise and training in human trafficking, as well as child welfare and development.

Congress gave consideration to the unique circumstances of children when it unanimously passed the bi-partisan TVPRA in 2008. The law includes protections such as the facilitation of counsel and the appointment of child advocates, which provisions help ensure that unaccompanied children from non-contiguous countries receive proper care and that their requests for asylum and other legal relief are processed fairly and in a way that is consistent with age and development. In addition, the Homeland Security Act of 2002 requires that all unaccompanied minors be transferred from Department of Homeland Security (DHS) custody to the Department of Health & Human Services (HHS) Office of Refugee Resettlement (ORR) within 72 hours of apprehension because ORR has the expertise and training to care for children. The role of Health and Human Services in this crisis is essential, and ATEST opposes any attempt weaken this framework. Recent proposed administration policy changes and bills put at risk existing legal protections, jeopardizing the lives of children seeking safety in the United States. Undermining due process is not the right answer, and it certainly will not appease the criticisms of those who have been calling for more punitive and aggressive enforcement. The cost of pushing vulnerable children back into dangerous or deadly situations is simply too high.  Moreover, given the violence in the key sending countries, we question whether changes in law would have a substantial impact on the flow of children to the United States.

We recognize the challenges and pressures you face as you work toward a just solution for the unaccompanied immigrant children.  We are encouraged that Congress is considering additional funding to both address the conditions of the children as well as provide for more rapid consideration of the status of these children and their safe repatriation.  These and additional efforts next year appear to be a better approach than reducing the protections these children deserve.  We hope that you will continue to oppose any changes that would weaken current polices that serve child victims of human trafficking.   Thank you for your consideration. If you have any questions, please contact Cory Smith, Senior Policy Advisor, at [email protected] or (202) 361-1442.

Sincerely,

ATEST is a diverse alliance of U.S.-based human rights organizations, acting with a shared agenda to end all forms of modern-day slavery and human trafficking domestically and globally. ATEST member organizations include: Coalition to Abolish Slavery and Trafficking (CAST), Coalition of Immokalee Workers (CIW), ECPAT-USA, Free the Slaves, International Justice Mission, Polaris Project, Safe Horizon, Solidarity Center, Verité, Vital Voices Global Partnership, and World Vision.

About World Vision:
World Vision is a Christian humanitarian organization conducting relief, development, and advocacy activities in its work with children, families, and their communities in nearly 100 countries to help them reach their full potential by tackling the causes of poverty and injustice. World Vision serves all people regardless of religion, race, ethnicity, or gender. For more information, please visit www.WorldVision.org/media-center/ or on Twitter @WorldVisionUSA.

Highlights

• The Alliance to End Slavery and Trafficking (ATEST) is a U.S. based coalition that advocates for solutions to prevent and end all forms of human trafficking and modern slavery around the world
• Writing to express concern about Congress changing the Trafficking Victims Protection Reauthorization Act of 2008 (“TVPRA”)
• ATEST says removing or changing TVPRA would weaken legal protections for unaccompanied children and make victims of human trafficking particularly vulnerable