Labor Trafficking: Yes, It Happens in North Carolina

Once a month, I attend a presentation on emerging legal issues in North Carolina.  Yesterday, the discussion was on a very sensiive topic, human trafficking.  The presenter asked the group what comes to our minds when "trafficking" is mentioned.  I thought about human trafficking as seen in the movie "Taken."  I never thought about labor trafficking.  I will share a little bit about what I learned from the presentation.

Prior to 2000, there were no federal laws in place to combat trafficking.  In 2000, the Victims of Trafficking and Violence Protection Act("TVPA") became the law.  It provides legal remedies to the victims of these crimes.  That said, it is not a perfect system and many victims are still unable to escape their situations.  Trafficking is very lucrative and is the second largest criminal enterprise in the world behind drug trafficking.  It is a serious problem and many people are unaware becuase it is not heavily covered by the media. 

We discussed some of the common misconceptions regarding trafficking.  The victims of the crime may be male or female, minor or adult.  Movement from one border, be it state, or international, is not necessary for the crime to occur.  Physical force is not necessary either.  In other words, a victim does not have to have a gun placed to his head in order for the crime to occur.    Essentially, if a person has a reasonable,subjective belief that they are not free to leave,trafficking may have occurred.

Trafficking occurs in a myriad of ways.  One common method of trafficking involves forced labor.  In a typical case, an undocumented immigrant works for someone who exercises control over them.  The control may be exercised through indebtedness, addiction to drugs, or physical control. Another method used by traffickers is exercise of control over the undocumented workers' passports.  Many of these workers are afraid to turn to the police department becuase they think they will be deported because of their undocumented status.  Fortunately, there are specific Visas available to victims of trafficking crimes and they will not necessarily be deported so long as they cooperate with law enforcement against those who victimized them.

When the presenter discussed the specific cities in North Carolina that the crime occurs, I was really surprised.  I had always believed that these types of crimes were occurring in large, metropolitan cities.  I was definitely uninformed with that belief becuase this crime is happening in cities and towns all across North Carolina.  In fact, 25% of all trafficking in the United States, both sex and labor, occurs in the Southeast United States.  

What makes North Caorlina ripe for this kind of criminal activity?  North Carolina is still very much an agricultural state and that often means that there are large populations of migrant workers.  Many of these workers may be undocumented, which presents a quandry for them.  If they are victimized, they may be afraid that they will be deported, so they never report the crime.  If they do not report the crime, they are victimized over, and over again.  Also, the climate is very mild, which makes it attractive to traffickers.  And, probably the biggest draw to North Carolina, is its access to major highways.  North Carolina has access to Interstates 95, 85 and 40.  You can ride I-40 from North Carolina to California and I-95 to New York or Florida.

These crimes are happening all around us.  Be safe and be aware.


Peace