Trafficking Victims Protection Act (TPVA) of 2000, Pub. L. No. 106-386 is codified in sections of 22 U.S.C. and 18 U.S.C., including 18 U.S.C. §§ 1589 – 1592. Section 1591 is referenced below. The Act states: “[t]o combat trafficking in persons, especially into the sex trade, slavery, and involuntary servitude.” The statute established the Office to Monitor and Combat Trafficking in Persons within the United States Department of State. The TPVA was reauthorized in 2003, 2005, 2008, and 2013.
The U Visa, 8 U.S.C. § 1101(a)(15)(U). This statute outlines the requirements to obtain a U Visa, which is a nonimmigrant visa that enables victims of certain crimes who assist law enforcement in the prosecution of those crimes to obtain legal status and work eligibility for four years. The U Visa strengthens the ability of law enforcement to prosecute crimes and provides protections to immigrant victims, who are often targeted as particularly vulnerable to crime.
The T Visa, 8 U.S.C. § 1101(a)(15)(T). This statute outlines the requirements to obtain a T Visa, which provides immigration protections to victims of human trafficking who are physically present in the United States as a result of trafficking. Like the U Visa, the T Visa has the dual purposes of helping law enforcement and immigrant victims of crime.
A person that reasonably fears for their lives, or persecution if they are returned to their origin country after being trafficking, the victim can file for Asylum if they qualify as a refugee which is outlined below.
INA § 101(a)(42)(A) [8 U.S.C. § (a)(42)] as:
The term “refugee” means (A) any person who is outside any country of such person’s nationality or, in the case of a person having no nationality, is outside any country in which such person last habitually resided, and who is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of, that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.
The statute provides:
(1) Any person who proves by clear and convincing evidence that he or she has been injured by reason of any violation of the provisions of s. 772.103 shall have a cause of action for threefold the actual damages sustained and, in any such action, is entitled to minimum damages in the amount of $200, and reasonable attorney's fees and court costs in the trial and appellate courts.
(2) As an alternative to recovery under subsection (1), any person who proves by clear and convincing evidence that he or she has been injured by reason of any violation of the provisions of s. 772.103 due to sex trafficking or human trafficking shall have a cause of action for threefold the amount gained from the sex trafficking or human trafficking and in any such action is entitled to minimum damages in the amount of $200 and reasonable attorney's fees and court costs in the trial and appellate courts.
(3) In no event shall punitive damages be awarded under this section. The defendant shall be entitled to recover reasonable attorney's fees and court costs in the trial and appellate courts upon a finding that the claimant raised a claim which was without substantial fact or legal support. In awarding attorney's fees and costs under this section, the court shall not consider the ability of the opposing party to pay such fees and costs. Nothing under this section shall be interpreted as limiting any right to recover attorney's fees or costs provided under other provisions of law.
Fla. Stat. Ann. § 772.104 (West)
The Federal RICO Act:
Racketeer Influenced and Corrupt Organizations (RICO) Act, 18 U.S.C. §§ 1961 – 1968.
Federal Statutes in 18 U.S.C Chapter 77: Peonage, Slavery and Trafficking in Persons
- 18 U.S.C.A. § 1591. Sex Trafficking of Children by Force, Fraud, or Coercion
- 18 U.S.C.A. § 1589 Forced Labor
- 18 U.S.C.A. § 1590 Trafficking with Respect to Peonage, Slavery, Involuntary Servitude, or Forced Labor
- 18 U.S.C.A. § 1592 Unlawful Conduct with Respect to Documents in Furtherance of Trafficking, Peonage, Slavery, Involuntary Servitude, or Forced Labor
- 18 U.S.C.A. § 1597 Unlawful Conduct with Respect to Immigration Documents
Mann Act of 1910, 18 U.S.C. §§ 2421 – 2424. Criminalizes the transportation of an individual in interstate or foreign commerce for prostitution purposes.
(3) A person who is a victim of human trafficking may petition for the expunction of a criminal history record resulting from the arrest or filing of charges for one or more offenses committed or reported to have been committed while the person was a victim of human trafficking, which offense was committed or reported to have been committed as a part of the human trafficking scheme of which the person was a victim or at the direction of an operator of the scheme, including, but not limited to, violations under chapters 796 and 847, without regard to the disposition of the arrest or of any charges.
