Library for Lawyers

Services Available to Victims of Human Trafficking: A Resource Guide for Social Service Providers

Division of Anti-Trafficking in Persons, Office of Refugee Resettlement, Administration for Children and Families, U.S. Department of Health and Human Services

September 18, 2012

“The booklet outlines the types of Federal benefits and services available to trafficking victims in various immigration categories. Included in the guide is a chart for each Federal program that describes eligibility information for certified adults, children with letters of eligibility, lawful permanent residents, U.S. citizens, and others.” It describes various community and State-funded resources, including food, shelter, clothing, medical care, legal assistance, and job training[;] [and] provides information on how a foreign national trafficking victim can obtain a Certification Letter or Eligibility Letter from the HHS Office of Refugee Resettlement.”

ABA Journal

ABA Moves to Press for Justice and Seek Help for Victims of Human Trafficking

D. Weiss — February 11, 2013

The ABA House of Delegates approved four resolutions addressing human trafficking: (1) Laws and policies should be enacted so that victims of human trafficking are not subject to arrest, prosecution or punishment for prostitution or other crimes that are a direct result of their status; victims should be provided appropriate protection, assured their names will not be publicly disclosed, and offered housing appropriate for a victim; (2) Laws should be adopted allowing trafficking victims: (a) charged with prostitution or other nonviolent offenses to assert an affirmative defense of being a human trafficking victim; and (b) to vacate criminal convictions involving prostitution and other nonviolent crimes that are a direct result of their victimization; (3) Bar associations, working with others with expertise, should develop training programs on victim identification, services referrals, and effective communication with traumatized victims.

American Bar Association

Meeting the Legal Needs of Child Trafficking Victims: An Introduction for Children’s Attorneys and Advocates

E. Klain, A. Kloer, et al. — 2009

Resources for lawyers representing child trafficking victims, including:

  1. Identifying and screening for child trafficking victims
  2. Legal remedies for child trafficking victims (TVPA, RICO, Civil/Criminal Forfeiture, Restitution as Part of Sentencing, Victim Assistance Services, Employment Law/Labor Claims, Intentional Torts: Assault & Battery, Civil Protection Orders, Immigration Remedies)
  3. Community-Based Responses to Child Trafficking (Working with: Parallel Criminal Prosecutions, Child Protective Services, Services Providers, NGOs)
  4. Resources for Attorneys and Advocates

American Bar Association

Meeting the Legal Needs of Human Trafficking Victims: An Introduction for Domestic Violence Attorneys and Advocates

J. Bruggeman, E. Keyes, et al. — 2009

Resources for lawyers representing victims of human trafficking, including:

  1. Overlap of domestic violence and human trafficking
  2. Identifying potential human trafficking cases
  3. The special complexities of intersection cases
  4. Civil legal remedies for trafficking victims (TVPA, Employment, Intentional Torts: Assault & Battery, Civil Protection Orders, Immigration Remedies, Companion Criminal Remedies)
  5. Practice Pointers for effective representation.

American University Law Review

A Minor Conflict: Why the Objectives of Federal Sex Trafficking Legislation Preempt the Enforcement of State Prostitution Laws Against Minors

S. Crile — 2012

Discusses the dichotomy between federal law, which views prostituted children as victims, and many states’ laws, which treat them as criminals; argues that the doctrine of federal preemption provides a framework for resolving the tension between federal and state law; concludes that the federal Trafficking Victims Protection Act (TVPA) preempts states’ enforcement of criminal prostitution against minors.