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In this discussion, you will make a total of three posts, one initial post, and two reply posts (minimum of three posts). Please review the information below that details the requirements for this assignment.
Using scholarly sources, summarize the key elements of federal Alien Smuggling (8 USC 1324) and the Mann Act/White Slavery Act (18 USC 2421).
Do (illegal) aliens who are smuggled consent or pay a fee to the smugglers?
Are perhaps both aliens and their smugglers co-conspirators?
Who is the victim of alien smuggling?
Now consider the Mann Act.
Might any of the nine personas described in the APA-Task Force Report from the previous lesson fall into a Mann Act scenario?
Finally, explain the similarities and differences between Alien/Migrant Smuggling and Human Trafficking.
The scholarly exchange of ideas and discussions amongst peers is sometimes even more effective for learning than lecture. Provide your peers with meaningful feedback by evaluating each other’s posts.
Do your interpretations of the readings and videos support or differ from other students? What about your life/career experiences? Do they offer an alternative view that was not discussed in the assignment or by your peers?
Remember to support your positions with credible evidence properly referenced by APA standards.
Initial posts should be 250-350 words. Reply posts should be 150-200 words. Note: You must make an initial post before you can see what others have posted.
Materials from the instructor:
1- Complete the following reading for this module:
American Psychological Association Report (APA) of the Task Force on Trafficking of Women and Girls (APA-Task Force Report), Page 1-39.
Source:
http://www.apa.org/pi/women/programs/trafficking/report.pdf
-ALSO-
Read “My Family’s Slave”, written by Pulitzer Prize-winning author Alex Tizon, published by The Atlantic.
2- To begin, we must establish basic definitions. Using material you learned from your reading or other scholarly sources such as professional journals, government/legislative documents, etc., define the following terms:
Human Trafficking
Sex Trafficking
Labor Trafficking
Alien/Migrant Smuggling
Trafficker
Victim
Co-Conspirator
Conveyance/Means of Movement
Kidnapping
Prostitution
Points to Ponder:
Is it possible for one person to play more than one role at the same time or different phases in a human trafficking scenario?
Analyze the Rebecca Bender and Elizabeth Smart cases in the videos below.
How are they similar and dissimilar?
Do they both involve coercion?
Would both or either qualify as kidnapping, and/or prostitution and/or Human Trafficking?
Rebecca Bender’s Story – Human Trafficking Survivor [time to watch: 4:00]
My Story | Elizabeth Smart | TEDx University of Nevada [time to watch: 11:35]
We should now focus more closely between Sex and Labor Trafficking. They are considered the two main categories of Human Trafficking. The differences between them are often blurred and dynamic, but we must clearly understand the distinction between the two.
Sources:
3- Human Trafficking might be considered a modern form of slavery, and the pathways that lead to it are many. Every victim has his or her own story.
The APA-Task Force Report on Trafficking of Women and Girls (pages 1-39) provides vignettes of nine different trafficking victims. Their stories are poignant, yet tragically typical of many victims:
Fernanda
Rayya
Jennifer
Crystal
Tiffany
Sandy
Jocelyn
Danielle
Brittany
Traffickers may use a wide range of recruiting techniques to entice unwary victims into bondage. As you analyze each of the above, take into consideration
How was each victim was vulnerable?
What opened the door to exploitation?
Was there a point at which a door was closed and the victim was trapped (emotionally, economically and/or physically)?
What mechanism was employed to achieve the payoff for the traffickers, sexual or labor exploitation?
Were there any individuals who were victims of both sexual and labor trafficking?
Points to Ponder:
Between sex and labor trafficking, would you consider one more heinous than the other? Why?
Now we will examine a slightly different form of trafficking, one which is much more subtle and indistinct…
The Story of Eudocia “Lola” Pulido (Learning Outcomes: 1, 2, 3)
Based on your reading of “My Family’s Slave”,
Consider the following questions:
Analyze the roles of Lola, Lieutenant Tom, Alex’s mother and father and finally Alex and his siblings.
Consider if Lola’s consent was present and if it mitigated the situation.
Evaluate whether the circumstances qualified as Human Trafficking and which type, or would perhaps Alien Smuggling serve as a more appropriate label or charge.
Analyze who was or were the victim(s).
Analyze who was or were the perpetrators.
The Cambridge On Line Dictionary defines the term Traffic as “the movement of vehicles or people along roads, or the movement of aircraft, trains, or ships along a route” (Definition of Traffic, n.d.). This traditional association between traffic and movement is often one reason why many fundamentally misunderstand the basic meaning of Human Trafficking.
Sources:
http://www.apa.org/pi/women/programs/trafficking/report.pdf
Definition of Traffic (n.d.) Retrieved from https://dictionary.cambridge.org/us/dictionary/english/trafficking
4- Human Trafficking legislation is relatively new; most Human Trafficking laws were enacted in the early 2000’s. But is Human Trafficking really a new phenomenon? Of course not. Mankind has been exploiting itself for much of its recorded civilized history. Prior to current Human Trafficking laws, law enforcement, prosecutors and judicial authorities in the United States made use of existing laws such as Alien Smuggling and the Mann Act; which broadly concerns organized illegal entry of non- citizens and interstate prostitution. In fact, the Mann Act is commonly referred to as “White Slave Traffic Act”, terminology that would seem to dovetail with more current terms that define Human Trafficking as “Modern Slavery”. Some of today’s scholars, notably Siddarth Kara argue Modern Slavery is a more appropriate term for Human Trafficking.
If we are to say Alien Smuggling and Mann Act covered the main points of Human Trafficking, why did legislators feel compelled to enact new laws to codify the phenomenon?
Consider the evolution of the government’s enforcement of (federal) Alien Smuggling violations which are formally set forth under 8 USC 1324: Bringing In and Harboring Certain Aliens. Title 8 of the United States Code. The federal agency that has the primary mission of investigating 8 USC 1324 is Immigration and Customs Enforcement, generally referred to as ICE, a major component of the US Department of Homeland Security (DHS). ICE’s website describes its official definition as follows:
“Human smuggling is the importation of people into a country via the deliberate evasion of immigration laws. This includes bringing illegal aliens into a country, as well as the unlawful transportation and harboring of aliens already in a country illegally. Some smuggling situations may involve murder, rape, and assault.”
Notice with regards to defining smuggling, the term “Human” has been substituted for “Alien”, even though the actual law uses the later. But more to the point is the term “importation”. This is a clue to the key distinction between trafficking and smuggling. In trafficking, the focus is on the victim. Importation from one sovereign nation to another is not required to qualify as trafficking violation. This is counter-intuitive to the traditional association of movement with trafficking that we previously saw with the Cambridge On-Line Dictionary definition. A trafficking incident may start, develop and conclude without any movement beyond the confines of one country, state, city, street, or even a building. In contrast, smuggling is focused on the illegal importation (of humans, narcotics, weapons of mass destruction, and any other form of contraband).
Knowing this, try to think of reasons why Human Trafficking laws were established.
Points to Ponder:
Who or what is being victimized when a smuggling violation occurs?
Source:
https://www.ice.gov/human-smuggling
