18 International Journal of Cultic Studies ■ Vol. 9, 2018
4. United States Laws Prohibiting Human
Trafficking
In 2000, the U.S. Congress reacted to human
rights abuses by passing the Victims of
Trafficking and Violence Protection Act
(TVPA).
263F
264 The goals of the federal legislation
in the United States are similar to those of the
international laws. The purpose of the TVPA
was to “combat trafficking in persons.”
264F
265 Since
2000, the TVPA was reauthorized by Congress
four times.
265F
266 Like international law, there are
essentially two categories of crimes affected by
this legislation: sex trafficking and labor.
266F
267
In addition to the federal statute, the Obama
Administration, announcing a plan to coordinate
U.S. federal agencies, denounced trafficking by
stating that “[h]uman trafficking is a denial of
our common humanity and an affront to our
ideals as Americans.”
267F
268 The Obama
Administration declared human trafficking “a
crime that involves the exploitation of a person
for the purpose of compelled labor or a
commercial sex act.”
268F
269 The aim of the federal
legislation was tri-fold: prevention, protection,
264 Victims of Trafficking &Violence Protection Act of 2000,
Pub. L. No. 106-386, 114 Stat. 1464 (2000) (codified as amended
in various titles of U.S.C.). The Act is comprised of three
divisions—(i) the Trafficking Victims Protection Act of 2000, 22
U.S.C. §§ 7101−7110 (2000), (ii) Violence Against Women Act of
2000, 42 U.S.C.A. § 13981 (West 2015), and the trafficking
sections begin with § 14044 et. seq. (Combat Human Trafficking
Act) and (iii) Miscellaneous Provisions, 18 U.S.C.A. § 1596 and
“Sex Trafficking of Children or by Force, Fraud, or Coercion,” 18
U.S.C.A. § 1591.
265 Aguirre v. Best Care Agency, Inc., 961 F. Supp. 2d 427, 459
(E.D.N.Y. 2013) (quoting H.R. Conf. Rep. No. 106-939, at 3
(2000)).
266 See Federal Strategic Action Plan on Services for Victims of
Human Trafficking in the United States, Coordination,
Collaboration, Capacity, at 5 (2013-2017) [hereinafter Federal
Action Plan]. Congress supported the goals of the legislation by
reauthorizing it in 2003, 2005, 2008, and 2013. Id. Bills are
pending in Congress now for approval. Currently up for
reauthorization is the Runaway and Homeless Youth and
Trafficking Prevention Act, 42 U.S.C. § 5701 et seq., which
expired in September 2013. The purpose of the federal statute is to
provide shelter and services to runaway youth. Bills S. 262 and
H.R. 1779 are under consideration. See generally UNICEF,
https://www.unicefusa.org(last visited Apr. 23, 2015).
267 See Federal Action Plan, supra note 264, at 5.
268 Id. at 5.
269 Id.
and prosecution.
269F
270 The Obama Administration
adds to the so-called “3 ‘p’s” a fourth goal:
partnership.
270F
271
On the federal level, prosecution for trafficking
is coordinated by the Human Trafficking
Prosecution Unit of Department of Justice’s
(DOJ) Civil Rights Division.
271F
272 The DOJ
provides technical assistance with coordinates
with the U.S. Attorney’s Offices.
272F
273 Individual
U.S. states have also enacted their own statutes
for protecting trafficked persons.
273F
274
Worldwide, it is estimated that approximately
4,000 traffickers are convicted every year, but
only 138 were convicted federally in the United
States, and this was from the sex industry.
274F
275
The United States is missing a large percentage
of labor traffickers.
275F
276
5. How U.S. Federal Law Is Changing
The Federal trafficking statutes can be used to
expand the remedies available to cult victims
and to prosecutors seeking to hold cult leaders
accountable for their criminal acts. Remedies are
no longer limited to those of the federal case of
Kozminski, as discussed above, because courts
have expanded the breadth of what constitutes
forced labor in reliance upon the TVPA. Section
1589 of the TVPA provides:
(a) Whoever knowingly provides or
obtains the labor or services of a person
by any one of, or by any combination of,
the following means—
270 See HYLAND &SREEHARSHA, supra note 240, at 3.
271 See Federal Action Plan, supra note 264, at 5.
272 HYLAND &SREEHARSHA, supra note 240, at 39.
273 Id. at 41.
274 For instance, in New York State, trafficked victims convicted
of prostitution are permitted to move to vacate the judgment
pursuant to Criminal Procedure Law § 440.10(i). The New York
State Legislature updated this statutory provision when it passed
the Trafficking Victims Protection and Justice Act in 2015. For
further information, go to http://www.nysenate.gov/
legislation/bills/2015/s7 (last visited on May 10, 2015). See also
New Report on Remedies for Criminalized Human Trafficking
Victims Released, CUNY SCHOOL OF LAW (Feb. 24, 2014),
www.cuny.edu/mu/law/2014/02/24/new-report-on-remedies-for-
criminalized-human-trafficking-victims-released (last visited on
May 10, 2016).
275 See HYLAND &SREEHARSHA, supra note 240, at 3−4.
276 See id. at 4.
4. United States Laws Prohibiting Human
Trafficking
In 2000, the U.S. Congress reacted to human
rights abuses by passing the Victims of
Trafficking and Violence Protection Act
(TVPA).
263F
264 The goals of the federal legislation
in the United States are similar to those of the
international laws. The purpose of the TVPA
was to “combat trafficking in persons.”
264F
265 Since
2000, the TVPA was reauthorized by Congress
four times.
265F
266 Like international law, there are
essentially two categories of crimes affected by
this legislation: sex trafficking and labor.
266F
267
In addition to the federal statute, the Obama
Administration, announcing a plan to coordinate
U.S. federal agencies, denounced trafficking by
stating that “[h]uman trafficking is a denial of
our common humanity and an affront to our
ideals as Americans.”
267F
268 The Obama
Administration declared human trafficking “a
crime that involves the exploitation of a person
for the purpose of compelled labor or a
commercial sex act.”
268F
269 The aim of the federal
legislation was tri-fold: prevention, protection,
264 Victims of Trafficking &Violence Protection Act of 2000,
Pub. L. No. 106-386, 114 Stat. 1464 (2000) (codified as amended
in various titles of U.S.C.). The Act is comprised of three
divisions—(i) the Trafficking Victims Protection Act of 2000, 22
U.S.C. §§ 7101−7110 (2000), (ii) Violence Against Women Act of
2000, 42 U.S.C.A. § 13981 (West 2015), and the trafficking
sections begin with § 14044 et. seq. (Combat Human Trafficking
Act) and (iii) Miscellaneous Provisions, 18 U.S.C.A. § 1596 and
“Sex Trafficking of Children or by Force, Fraud, or Coercion,” 18
U.S.C.A. § 1591.
265 Aguirre v. Best Care Agency, Inc., 961 F. Supp. 2d 427, 459
(E.D.N.Y. 2013) (quoting H.R. Conf. Rep. No. 106-939, at 3
(2000)).
266 See Federal Strategic Action Plan on Services for Victims of
Human Trafficking in the United States, Coordination,
Collaboration, Capacity, at 5 (2013-2017) [hereinafter Federal
Action Plan]. Congress supported the goals of the legislation by
reauthorizing it in 2003, 2005, 2008, and 2013. Id. Bills are
pending in Congress now for approval. Currently up for
reauthorization is the Runaway and Homeless Youth and
Trafficking Prevention Act, 42 U.S.C. § 5701 et seq., which
expired in September 2013. The purpose of the federal statute is to
provide shelter and services to runaway youth. Bills S. 262 and
H.R. 1779 are under consideration. See generally UNICEF,
https://www.unicefusa.org(last visited Apr. 23, 2015).
267 See Federal Action Plan, supra note 264, at 5.
268 Id. at 5.
269 Id.
and prosecution.
269F
270 The Obama Administration
adds to the so-called “3 ‘p’s” a fourth goal:
partnership.
270F
271
On the federal level, prosecution for trafficking
is coordinated by the Human Trafficking
Prosecution Unit of Department of Justice’s
(DOJ) Civil Rights Division.
271F
272 The DOJ
provides technical assistance with coordinates
with the U.S. Attorney’s Offices.
272F
273 Individual
U.S. states have also enacted their own statutes
for protecting trafficked persons.
273F
274
Worldwide, it is estimated that approximately
4,000 traffickers are convicted every year, but
only 138 were convicted federally in the United
States, and this was from the sex industry.
274F
275
The United States is missing a large percentage
of labor traffickers.
275F
276
5. How U.S. Federal Law Is Changing
The Federal trafficking statutes can be used to
expand the remedies available to cult victims
and to prosecutors seeking to hold cult leaders
accountable for their criminal acts. Remedies are
no longer limited to those of the federal case of
Kozminski, as discussed above, because courts
have expanded the breadth of what constitutes
forced labor in reliance upon the TVPA. Section
1589 of the TVPA provides:
(a) Whoever knowingly provides or
obtains the labor or services of a person
by any one of, or by any combination of,
the following means—
270 See HYLAND &SREEHARSHA, supra note 240, at 3.
271 See Federal Action Plan, supra note 264, at 5.
272 HYLAND &SREEHARSHA, supra note 240, at 39.
273 Id. at 41.
274 For instance, in New York State, trafficked victims convicted
of prostitution are permitted to move to vacate the judgment
pursuant to Criminal Procedure Law § 440.10(i). The New York
State Legislature updated this statutory provision when it passed
the Trafficking Victims Protection and Justice Act in 2015. For
further information, go to http://www.nysenate.gov/
legislation/bills/2015/s7 (last visited on May 10, 2015). See also
New Report on Remedies for Criminalized Human Trafficking
Victims Released, CUNY SCHOOL OF LAW (Feb. 24, 2014),
www.cuny.edu/mu/law/2014/02/24/new-report-on-remedies-for-
criminalized-human-trafficking-victims-released (last visited on
May 10, 2016).
275 See HYLAND &SREEHARSHA, supra note 240, at 3−4.
276 See id. at 4.
