Though Congress authorized up to 5,000 T-visas per year, fewer
than 700 had been issued overall as of September. Some
victim-support experts say the relatively low numbers result from
overly strict criteria, notably the requirement that victims assist
prosecutors.
"It can be a very difficult decision to come forward and begin a
criminal complaint when a victim has every reason to believe a
trafficker can make good on a threat against family members," said
Steglich, the Chicago immigrant rights attorney.
"There are concerns we're not able to do all we can for those
victims who don't want to come forward. We'd like to see more
flexibility."
Federal officials defend the rules as necessary to separate
fraudulent claims from genuine trafficking cases and to put
traffickers out of business.
"The cooperation requirement is essential," said Bradley Schlozman,
the Justice Department's acting assistant attorney general for
civil rights. "These traffickers are extraordinarily evil if a
victim doesn't come forward, that trafficker is going to turn
around and exploit other individuals."
Wade Horn, assistant secretary for children and families with the
Department of Health and Human Services, said reaching victims and
getting them to speak up is a key goal of a new federal program. A
national hot line has been set up, fielding more than 2,500 calls
to date; the hot line is being advertised in ethnic newspapers and
printed on matchbooks distributed in places where victims might
find them, such as ladies' rooms in bars and fast-food
restaurants.
"The problem is the traffickers are very good at controlling their
victims," Horn said. "They don't have access to TV, their ability
to learn English is restricted, so getting the message directly to
the victims is difficult."
Anti-trafficking task forces have been established in 22 areas
nationwide, and training sessions are being held for social
workers, health care workers and police officers to educate them
about trafficking.
"A cop arrests some street prostitutes, puts them in jail and tries
to get someone to deport them that's exactly what traffickers say
to their victims," Horn said. "The cops think they're just doing
what they're supposed to do. ... We're training them to know what
to look for, what to ask."
Some victims are forcibly abducted to the United States by criminal
gangs, but many come willingly, swayed by promises of good jobs or
marriage that turn out to be false. Their documents are confiscated
by their traffickers, and they are forced into slave labor or
prostitution.
Maria Suarez, for example, came from Mexico to Los Angeles legally
in 1976, a naive 16-year-old with sixth-grade education and no
English, hoping to find work. She was offered a housecleaning job
at the home of a 68-year-old man who instead converted her into a
virtual slave threatening her and her family if she told anyone
of the rapes and beatings that ensued over the next five
years.
In 1981, the man was killed by a neighbor; Suarez agreed to hide
the weapon, was convicted of conspiracy to commit murder and
sentenced to 25 years to life. Officials later confirmed Suarez's
claim of being a battered woman; she was paroled in 2003 and
subsequently certified as a trafficking victim eligible for a
T-visa. She can stay in the United States at least though next
year.
Now 45, Suarez attends Pasadena City College, hoping to gain U.S.
citizenship and become a social worker. She urges authorities to be
understanding of sex-trafficking victims who are reluctant to speak
out.
"It was a disgrace," she said. "How was I going to confront my
family and tell them what was happening to me?"
Had the neighbor not killed her abuser, "I would have died there,"
Suarez said. "I was too scared to tell anyone what was happening.
You're overwhelmed by threats of harm to you or your family."
Prior to the Trafficking Victims Protection Act of 2000, no
comprehensive federal law existed to prosecute traffickers. Since
2001, the Justice Department says it has prosecuted 277 traffickers
a threefold increase over the previous four years and has
obtained convictions in every case.
Schlozman said the Justice Department is intent on combatting all
types of trafficking, but estimated that about 75 percent of the
prosecutions involved sex trafficking.
Some victims' advocates say the government stresses the sex cases
because they generate more news coverage or because they are the
priority of conservative Christian groups that form an important
part of the Bush administration's political base.
"Christian evangelicals see this as an important mission rescuing
women from sex trafficking," said New York University law professor
Michael Wishnie, a specialist in immigrant labor issues. "There's a
risk of distracting attention from much more common situations (in
sweatshops) that many more people find themselves in."
Wing Lam, head of the Chinese Staff and Workers Association in New
York City's Chinatown, tries to assist low-paid workers who are
abused by their employers but may not qualify as trafficking
victims.
Many pay to be smuggled into the United States, then take grueling
jobs paying under minimum wage. Because of their illegal status,
they hesitate to complain to authorities; the employers are rarely
punished.
"The authorities think the workers are colluding with the bosses
that they're not victims because they don't complain," Lam
said.
Laura Germino, who combats slave labor on farms as a leader of the
Florida-based Coalition of Immokalee Workers, said federal agencies
could undermine trafficking by cracking down on all types of
workplace exploitation.
"You can't view trafficking in a vacuum," she said. "It takes root
in industries that already have a range of labor violations
subpoverty wages, no benefits, no labor relations."
Traditionally, law enforcement agencies were unsympathetic to
undocumented immigrants, regardless of their situation. However,
the recent anti-trafficking initiatives have changed the equation,
both for the authorities and the private groups they now rely on to
win the confidence of victims.
"Federal prosecutors are not used to dealing with immigrant victims
of crime from a positive perspective, so there's been a very
difficult, steep learning curve," said immigration law expert Gail
Pendleton "It takes time to build trust with immigrant communities.
You can't just put up a sign saying 'We help trafficking victims'
and expect people to come."
An estimated 40 percent of trafficking victims are under 18, most
of them girls. Susan Krehbiel of the Lutheran Immigration and
Refugee Service said many of these children are sexually exploited
in the United States after travelling here with the consent of
relatives who were told genuine opportunities awaited.
Krehbiel conducts workshops with child welfare workers who are
unfamiliar with trafficking. "A lot of people thought we were going
to talk about the problem overseas they didn't realize it's a
problem in their own backyard," she said.
Given Kachepa was one such young victim; as an 11-year-old orphan
in his homeland of Zambia he was recruited into a boys choir that
toured the United States for 18 months. Promises of education, free
clothes and money for his family proved false, and the boys
constantly threatened by their handlers were forced through an
arduous concert schedule until authorities finally
intervened.
Kachepa was taken in by a Colleyville, Texas, couple who became his
guardians. Now 19, he obtained a T-visa and entered college in
August; he also has become a spokesman on behalf of trafficking
victims.
"The most important thing is constant educating of people," he said
in a telephone interview. "There's help out there but victims
don't know it."