POLICY MEMO

TO: Governor Andrew Cuomo

FROM: Women’s Philanthropy & Government Relations, UJA-Federation of New York

RE: Human Trafficking in New York State

Date: December 1, 2016

____________________________________________________________________________

EXECUTIVE SUMMARY:

Human trafficking is often a topic that New Yorkers do not realize is a problem in New York State. However, New York State is one of the top five leading states of human trafficking cases in the United States. New York State actually breaks down human trafficking into different facets; labor trafficking and sex trafficking. There are two different approaches that we can take to combat human trafficking in New York; education and revising our current laws. Promoting education and ultimately spreading awareness will absolutely be the best way to not only inform our citizens about the occurring atrocities, but more importantly will serve as a call for action to end human trafficking.

PROBLEM: Human Trafficking in New York State

When it comes to the issue of human trafficking, Americans in particular, maintain a “not in our backyard” attitude. What many, including us New Yorkers, do not realize is that human trafficking is a worldwide crisis and it’s happening right here, right under our noses. From New York City to upstate counties, New York has become the center of an international struggle, a struggle that absolutely needs to be addressed and handled by our state government.[1] We can no longer ignore the issue at hand. According to the Center for Global Impact, there are four main causes of human trafficking. Human trafficking occurs in large part due to poverty, political conditions, war and cultural practices.[2] Society has even glamorized the act of human trafficking. Rappers like Jay-Z and 50 Cent often make references to “pimping” in their music and frequently sexualize females in their visual videos. How is this acceptable that these rappers, who serve as the role models for our youth, can sensationalize these crimes? Governor Cuomo, I encourage you to take a stand against what the International Labor Organization estimates is an $150 billion industry which is endangering the lives of thousands of our inhabitants.[3]

The CIA estimates that human trafficking is the third largest crime industry in the world behind drug and gun smuggling.[4] New York State, among other places, breaks human trafficking down into two categories: sex trafficking and labor trafficking. By New York State definition, sex trafficking is the, “profiting from prostitution by providing drugs, using false or misleading statements, withholding or destroying government documents, debt servicing, force, a plan or pattern of coercive conduct, or other acts.” This definition is actually quite unique to New York. Under the federal law, minors are automatically considered victims regardless if force or coercion is present. This is not the case in our state. Labor trafficking, similar to sex trafficking is defined as the, “compelling or inducing another to engage in labor, or recruiting, enticing, harboring or transporting another by providing drugs, withholding or destroying government documents, debt servicing, force, or a plan or pattern of coercive conduct.[5] Labor trafficking is seen as today’s modern day slavery.

Between 2000 and 2011, there were over 11,268 trafficking victims who received social and legal services just in New York City alone. The results of a 2007 study conducted by the Office of Child and Family Services actually found that 2,253 children are trafficked annually in NYC and 399 children are trafficked annually in upstate areas.[6] This year, thus far, over 2,000 sex trafficking cases have already been reported within the United States.[7] The top five states where cases have been noted are California, Texas, Florida, Ohio and here in New York (referenced below in chart 1). As for labor trafficking, this year there has been close to 500 cases disclosed in the United States.[8] California, Texas, Florida, George and New York are the leading states in which these cases have been reported.[9] As we can clearly see, New York is a paramount state in which human trafficking is taking place. New York City itself is currently serving as (and no pun intended) the big apple for human trafficking crimes because of its international borders, ports, mass influxes of immigrants and large amounts of tourists. Long Island has also become a central hub due to its proximity to the city.[10]

Chart 1: Top Five Leading States of Human Trafficking

In September of 2015, the New York Times published an article titled, “Photographing Human Trafficking in New York.” The beautifully written and photographed article follows the story of photographer, Xyza Bacani, who captures what the average public would see as ordinary people doing ordinary jobs; maids, janitors, nannies, etc (see Appendix A). However, what Bacani unearths are indentured servants, true victims of human trafficking. Many of the victims are non-Americans who are lured to this country for jobs but instead meet a horrible fate. They are trapped, held against their will, and even beaten and forced to work for the same criminals who brought them to this country. They are not exposed to the language, isolated from society and therefore they cannot physically report their abominable situation or fear doing so. Ms. Bacani was absolutely shocked to discover that trafficking was happening in a first world country.[11]

Like Ms. Bacani, many people hold certain myths about trafficking. According to New York State’s Office of Children and Family Services, there are five common misconceptions regarding human trafficking. The first is that in order for someone to be trafficked, he or she has to be moved over a state or international border. This is not true. No movement has to take place for someone to be trafficked. The second myth is that victims are often smuggled. This can indeed happen, but is not always the case. Many victims often are given incentives to travel to this country and arrive in a completely legal fashion. Many also believe that U.S. citizens cannot be victims. But now we know that this is incorrect. I can’t stress enough that any citizen of any country can become a victim of human trafficking. Another misconception is that trafficking victims must be kidnapped or restrained. This is far from the truth. In fact, many have what we call “physical” freedom, but mentally they cannot break free. Often, especially those victims of sex trafficking, are emotionally bound to their captors and thus do not care to seek help. They feel comfortable and even love their traffickers. Lastly, some reason that if a victim previously consented to being abused and if he or she was once paid but are paid no longer, then one cannot really be considered a victim. We must remember that a victim is a victim no matter the timing of the circumstances.[12]

What does a victim of trafficking look like? Any citizen of any country or state can fall into the hands of human trafficking. He or she could hold a college degree or be only of 13 years of age. One could be of any race, ethnicity, religion, gender, economic class, etc. But there are indeed some statistics available to us. 80% of victims are women, which is why trafficking is often mistaken for just a women’s issue. 50% are children with the average age of victims being 13 years old. Many of these children are homeless, have run away from home, are in the foster care system, may battle with substance, physical and sex abuse, have disabilities, are part of the LGBT community or are refugees and immigrants.[13] Approximately 100,000-300,000 children are currently involved with human trafficking in the United States. Sadly, 68% of people who are trafficked will experience Post Traumatic Stress Disorder in the course of their lives.[14] While the aforementioned statistics clearly reflect the information available to us, we must remember that thousands of trafficking goes unreported every year and thus most of the illegal happenings still remain a mystery to the general public and lawmakers alike.

Unfortunately, it is quite difficult to arrest traffickers in New York. As of now, law enforcement officials do not have the authority to do so. Despite Congress passing the Trafficking Victims Protection Act in 2000, local officials have no authority to make these arrests. The act was completely underfunded and thus could not provide the fiscal support needed. The Anti-Human Trafficking Act of 2006 cracked down slightly more on trafficking crimes, yet the industry continues to grow at an increasingly frightening rate. Sometimes traffickers do not even see court time not to mention prison time.[15] It has become imperative the New Yorkers offer a solution to these crimes.

POLICY OPTIONS

Policy Option # 1: The Importance of Education

One of the biggest issues facing human trafficking today is this lack of awareness surrounding the issues. Sadly, many people do not know that human trafficking is even an issue in New York. Thus, the first step that must be taken in the fight against human trafficking is simple; we need to do a better job in the education realm. This can be done via education in our schools, public awareness advertising campaigns and empowering our survivors to speak out about the issues. When people become aware, they are often motivation by passion to bring forth change.

Because a good amount of victims are children, let’s start by openly speaking about it in schools and teaching our educators how to identify young victims of trafficking. The U.S Department of Education has already released this guide for teachers, staff and administrators to help identify victims and how to go about getting help.[16] In addition, the DOE has outlined policies, protocols and partnerships with non-profits to address these issues and how to further prevent the exploitation of our youth.[17] Now, schools need to actually utilize these guidelines. Schools are also a good place to hold forums for parents. By educating parents, we are utilizing another approach to spread public awareness. New York State public school officials should be required to be proficient on all of the rules associated with trafficking and they should know the correct procedures when education parents and children.

In 2014, shortly before New York City hosted the Superbowl at Metlife Stadium, Clear Channel and the Polaris Project partnered to run a two-week anti-human trafficking campaign. The companies strategically placed 26 digital billboards throughout the area and ultimately made 11 million impressions.[18] Why did the two companies run the campaign during this specific time? The Superbowl happens to be the “single largest human trafficking incident in the U.S.”[19] While I laud Clear Channel and Polaris’s efforts during the Superbowl, it shouldn’t have taken a large sporting event to bring human trafficking awareness to one of the capitals of the human trafficking industry. There absolutely must be on going advertising, such as subway placements (everything else is advertised on the 6 train, why not this?), social media campaigns, television ads, billboards, public service announcements, etc. Simply, the general public is in the dark when it comes to being informed on these issues. We have to put human trafficking on people’s agenda. Thus, it is up to our state government in conjunction with human rights organizations to bring awareness to the public through paid advertising and strategic ad placement.

Finally, we need to empower the survivors of human trafficking to promote education. The victims must be given opportunities to speak out and to really share their stories. In 2014 in North Carolina, the Governor’s Office along with several other organizations, hosted a day of panel discussions with survivors of trafficking. Each victim had the opportunity to share their own struggles along with how they were able to overcome their obstacles.[20] Recently Nadia Murad, a client of Amal Clooney and a survivor of human trafficking crimes by the Islamic State, was appointed as the Goodwill Ambassador for the Dignity of Survivors of Human Trafficking to the UN.[21] This is a huge step for victims of trafficking. Here we have a victim in a true position of power; an appointment that will ultimately help put human trafficking on the public agenda. If we can empower survivors on an international level, it is definitely possible on a state level. We need to put it in the hands of the victims to help shape the future of our response to human trafficking crimes.

Evaluation of Policy Option #1

It is clear that education is needed in order to drive awareness to the issue at hand. However, by advocating for this first proposal, it is assumed that a lack of education is directly correlated to trafficking crimes. This causal relationship can be challenged of course. As we know cultural norms and economic incentives also drive human trafficking and so we can’t assume that a lack of education is exacerbating the problem. Many will also argue that this topic is not appropriate for children of all ages and should not be talked about in schools. The same people could argue that teachers should not be burdened with any more mandates, that they have enough work. It can also be argued that this solution, specifically the advertising option, is quite costly. In fact, I for see it being a problem when it comes to funding. Unless nonprofit organizations partner with the government to run these campaigns, I am not certain that these campaigns will run. On top of that, it has to be assured that these nonprofits have the funds and are willing to value an advertising campaign over some of the other causes that they allocate money to. This proposal also relies on the fact that victims want to teach and want to actually educate their peers. We have to understand that many victims may not want to share their stories for various reasons. They could be scared of being judged, they may fear bringing back emotions from the past, or they may even believe that their traffickers will easily find them if they are exposed to the general public.