Ensuring Justice: Enforcement of Labor Trafficking and Labor Exploitation Laws
After being recruited for a high-paying job in the United States, Hanh left her impoverished community in Vietnam, departing on her quest for the American Dream. Hanh paid a large fee to travel from Vietnam to Minnesota under the assumption that her employer had made all the necessary immigration arrangements. However, this person who had promised Hanh a new life was a labor trafficker who threatened harm to Hanh and her family if she did not submit to servitude. Living in fear of violence and watching her debt swell, Hanh was not only imprisoned by her circumstance but also by her inability to communicate and seek help. Eventually, law enforcement learned of her situation and successfully convicted her trafficker of forced labor, freeing seven others like her in the process.
These stories of labor trafficking are not isolated—in fact, The Advocates has heard reports of more than thirty-six labor trafficking victims in Minnesota. Still, there have only been a handful of criminal convictions under federal law and only two under the Minnesota labor trafficking statute. This disparity suggests that the enforcement of criminal labor and trafficking laws is inadequate and offenders are not being held accountable for their crimes. The Advocates for Human Rights recently published a report, “Asking the Right Questions: A Human Rights Approach to Ending Trafficking and Exploitation in the Workplace,” that examines how labor trafficking and exploitation continue to exist in Minnesota.
In this report, The Advocates assesses the possible barriers to prosecution despite the available legal framework. First, The Advocates found that the requirement that victims cooperate in a case in order to receive benefits such as immigration status, originally intended to strengthen prosecution efforts, has instead hampered enforcement. By providing a benefit to a witness, the government risks undermining the witness’ credibility in a criminal case. Secondly, Minnesota’s state criminal labor trafficking law is largely underutilized. Though the state’s broadened definition of a “trafficker” and a “beneficiary” could increase a victim’s access to justice, its lack of use leaves the possibility untested.
The enforcement of labor laws is another vital component to protect victims of labor trafficking. Unfortunately, both federal and state labor laws contain major exemptions that allow abusive employers, including traffickers, to exploit their workers. This is precisely what happened to Jorge. When recruited to come to Minnesota to work in roofing, Jorge trusted his recruiter to help him find jobs and to negotiate his wages since he did not speak English and lacked legal immigration status. This subcontractor, who had Jorge sign over every paycheck, gave Jorge cash back—but only after robbing him of most of the money he had worked for. Based on the Advocates’ research, there are multiple factors which create an environment within which this kind of abuse has become far too common.
First, exemptions to wage and hour laws in agriculture and domestic service remove a level of government oversight which creates trafficking opportunities. In Jorge’s case, his trafficker stole most of his paycheck, but because the cash he gave Jorge met the minimum wage, Jorge could not press charges under wage and hour legislation. Further, he could not make a claim against the larger company that built the homes he worked on because workers must prove the contracting relationship is illegitimate in order to hold the contracting company liable. Accountability is often impossible in the complex web of subcontractors and independent contractors. This, coupled with confusing standards between different federal agencies and state policies, leaves workers ill-equipped to advocate for themselves. Moreover, the lack of coordination on labor exploitation hampers the complaint process. After being referred from one agency to the next, Jorge was forced to cut his losses, find a new job, and sacrifice his pursuit of justice.
This report by The Advocates for Human Rights has highlighted a number of crucial areas of improvement in enforcing criminal labor trafficking and labor exploitation laws. There is a need for training and resources for our law enforcement, community organizations, and other agencies to effectively identify and help protect victims of labor trafficking and exploitation. The following are priority recommendations to help bolster Minnesota’s efforts to improve its fight against trafficking:
- Policy makers need to provide resources for training law enforcement and prosecutors on Minnesota’s labor trafficking laws, including investigative techniques and protections for victims.
- Policy makers need to examine how to provide an accessible system that makes sure workers can recover lost wages in a timely manner and at little to no cost, especially with smaller claims.
To learn more about the recommendations to improve enforcement of labor trafficking and exploitation laws visit The Advocates’ website at http://www.theadvocatesforhumanrights.org/labor_trafficking_report.
By Hannah Mangen , a student at The University of Minnesota in Saint Paul (class of 2018) with a major in Global Studies and Communication. She currently works as a research intern with The Advocates’ human trafficking team.
This post is the fourth in a series on labor trafficking. Additional post in the series include:
Shedding light: Labor Exploitation and Labor Trafficking
Am I a Victim of Labor Trafficking and Exploitation?
Rebuilding Lives and Protecting Victims of Human Trafficking