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This paper examines the current overlap between the U.S. immigration system and human trafficking, specifically focusing on how these disjointed policy areas may result in negative outcomes for both immigrants and victims of trafficking (VoT). It shall argue that the U.S. government must reconcile these two interconnected policy areas in order to adequately protect migrant VoTs.
The aim of this study is to demonstrate how an express focus on anti-immigration can directly impact the identification and experiences of trafficked victims by analyzing the ways that the victim-protection aspects of the Victims of Trafficking and Violence Protection Act of 2000 (TVPA) is hindered by temporary work visa programs that permit greater exploitation of foreign nationals, state-level variance of immigration policies and enforcement strategies, and anti-immigration objectives that are, in part, fueled by prevailing restrictionist sentiment across the country. This paper contributes to the extant literature by providing an analysis of how a lack of coordination between the fields of immigration and human trafficking is detrimental to migrant VoTs. Securing U.S. borders is a vital aspect of national security, but when protecting citizens and the state converges with transnational human rights issues, a re-examination of current immigration practices and programs from a humanitarian perspective is necessary for addressing the consequences that inadvertently compound the suffering of VoTs.
This study is divided into five parts. The first part provides a brief overview of the overarching way immigration and human trafficking intersect, setting the stage for a discussion of the specific aspects of the U.S. immigration system that negatively impact VoTs. The second part outlines the different worker visa programs that traffickers have used to exploit foreign workers. In the third part, we discuss how conflicting anti-immigration and anti-trafficking agendas combined with an emphasis on restriction by the general public and state-level variation of immigration enforcement practices all contribute to the maintenance of the existing order, where the deportation of illegal immigrants prevails over the protection of potential victims. Prioritizing one group over another has implications for administrative agencies in charge of distributing resources and for law enforcement agencies that oversee both interior and exterior security. The fourth part recommends a few steps that legislators might take to consolidate these two policy areas, while taking into account typical resistance...