UNITED STATES
OF AMERICA: Tier 1
The United States is a source, transit, and destination country for men, women, transgender individuals, and
children—both
U.S. citizens and foreign nationals—subjected to sex trafficking and forced labor. Trafficking can occur in both
legal and illicit industries, including in commercial sex, hospitality, sales crews, agriculture, manufacturing,
janitorial services, construction, shipyards, restaurants, health and elder care, salon services, fairs and
carnivals, peddling and begging, and domestic service. Individuals who entered the United States with and without
legal status have been identified as trafficking victims, including participants in visa programs for temporary
workers who filled labor needs in many of the industries described above. Government officials, companies, and NGOs
have expressed concern about the risk of human trafficking in global supply chains, including in federal contracts.
Victims originate from almost every region of the world; the top three countries of origin of federally identified
victims in fiscal year (FY) 2014 were the United States, Mexico, and the Philippines. Particularly vulnerable
populations in the United States include: children in the child welfare and juvenile justice systems; runaway and
homeless youth; children working in agriculture; American Indians and Alaska Natives; migrant laborers; foreign
national domestic workers in diplomatic households; employees of businesses in ethnic communities; populations with
limited English proficiency; persons with disabilities; rural populations; and lesbian, gay, bisexual, and
transgender individuals. Some U.S. citizens engage in child sex tourism in foreign countries.
The U.S. government fully complies with the minimum standards for the elimination of trafficking. The federal
government continued to investigate and prosecute both sex and labor trafficking, sustaining high prosecution
rates. It also continued to provide various types of specialized services to a greater number of trafficking
victims, as well as various types of immigration relief for foreign national victims, including a pathway to
citizenship. Prevention efforts included amendment of the Federal Acquisition Regulation to strengthen protections
against trafficking in federal contracts. Challenges remain: some NGOs continued to express concern that government
officials did not consistently take a victim-centered approach. Some trafficking victims, including those under the
age of 18 years, were detained or prosecuted by state or local officials for criminal activity related to their
being subjected to trafficking, notwithstanding “safe harbor” laws in some states or the federal policy that
victims should not be penalized solely for unlawful acts committed as a direct result of being subjected to
trafficking.
RECOMMENDATIONS FOR THE UNITED STATES:
Encourage the adoption of victim-centered policies at the state and local levels that ensure victims, including
children, are not punished for crimes committed as a direct result of being subjected to trafficking; support
appropriate housing for child trafficking victims that ensures their physical and mental health and safety;
increase screening to identify trafficked persons among at-risk youth, detained individuals, persons with
disabilities, and other vulnerable populations; vigorously prosecute labor trafficking; seek input from survivors
to improve training, programs, and policies; ensure that criminal restitution is sought for trafficking victims;
strengthen prevention efforts, including addressing the demand for commercial sex; engage in culturally based
efforts to strengthen coordination among criminal justice and social service systems on behalf of Native American
trafficking victims; ensure federal law enforcement officials apply timely for, and state and local law enforcement
officials are trained on requesting, Continued Presence for eligible victims; increase training, including in the
U.S. insular areas, on indicators of human trafficking and the victim- centered approach for criminal and juvenile
justice officials, family court officials, labor inspectors, consular officers, social service and child welfare
entities, and first responders; provide links to press releases on federal trafficking cases in a single online
location; and support new research on trafficking as it relates to diplomats, military personnel, peacekeepers, and
other forms of official complicity.
PROSECUTION
The U.S. government demonstrated progress in federal anti- trafficking law enforcement efforts. The Trafficking
Victims Protection Act of 2000, as amended (TVPA), prohibits all forms of human trafficking. In addition to
criminalizing these acts, U.S. law prohibits conspiracy and attempts to violate these provisions, as well as
obstructing their enforcement and benefitting financially from these acts. Sex trafficking prosecutions involving
children do not require proof of the use of force, fraud, or coercion. A criminal statute on fraud in foreign labor
prohibits the use of fraud to recruit workers for work performed in the United States, or elsewhere on a U.S.
government contract, U.S. property, or military installation. Penalties prescribed under these statutes are
sufficiently stringent and commensurate with penalties prescribed for other serious offenses: penalties ranged up
to life imprisonment.The U.S. Congress introduced several bills in 2014 and 2015 that address trafficking, and in
September 2014, the Preventing Sex Trafficking and Strengthening Families Act became law. It amends a federal
foster care program to address trafficking, among other things.
The federal agencies responsible for investigating and prosecuting human trafficking offenses remain as described
in the 2014 TIP Report U.S. narrative. The reporting period marked the culmination of Phase I of the
Anti-Trafficking Coordination Team (ACTeam) Initiative launched in 2011 by the Departments of Justice
(DOJ),
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