Evaluating the Effectiveness of the U.S. Legislation on Human Trafficking Response

Evaluating the Effectiveness of the U.S. Legislation on Human Trafficking Response

1. Introduction
2. Human trafficking is the leading illegal trade globally. In the United States of America, an estimated 17 000 people are trafficked per year (Roby et al.). The worrying trend is that the United States is becoming an international hub for human trafficking. In 2000, legislators enacted a law known as the Trafficking Victims Protection Act aimed at retaliating against the trade (Roby et al.). Combating human trafficking entails the incorporation of a multi-agency taskforce orbiting from governments to ministries and agencies (Department of State 9). To safeguard and equip these agencies, policy reforms have been addressed since 2000 by Congress (Roby et al.). Despite the efforts, studies have shown that the impact of the legislation has only managed to safeguard the interests of the victims and the prosecute the perpetrators with dismal success (Roby et al.; Department of State 9). According to Rob et al., policy improvements have only safeguarded an estimated fraction of the victims being reached and assisted. Evidence, therefore, indicates that there is little impact that the legislation has made regarding human trafficking in the United States of America. The present research proposes the need for evaluating if the legislations current in the United States of America is effective in combating against human trafficking. The importance of studying this factor is to understand whether the legislative system is efficient in protecting victims and indicting perpetrators.
3. Theoretical Framework

When a crime is as a result of different causes, then it is necessary to comprehend the framework integrated to analyze the chain of events (Lutya and Lanier 557). The rational choice theory postulates that criminals are intelligent human beings. They make decisions to commit the crimes based on profit-making and benefiting them (Lutya and Lanier 557). Concerning human trafficking, the merits are expansive from prostitution, slavery, slave trade, and sexual exploitation, among others (Lutya and Lanier 557). The rationale in committing human trafficking pertains to the choice of the victims determined by the type of crime, when and where the crime is committed and modus operandi (Lutya and Lanier 557). The law and the criminal justice authorities have a lot of work in guaranteeing the safety of the victims and prosecuting the offenders. Crime is described as the decisions made by the criminals and differ based on the opportunities, their perceptions, skills and capabilities (Lutya and Lanier 557). For this research proposal, rationale decision making, including the free will, cost and benefit variables, will help build the framework regarding the research objectives. The efficiency of the legislative regulations in ensuring the protection of victims against their perpetrators will help describe whether the law has been successful or not.

1. Literature Review

The federal basis of human trafficking in the United States is presented under the Trafficking Victims Protection Act of 2000 (DHS.Gov). The regulation provides a detailed view of the prosecution of traffickers and combating human trafficking as well as the protection of victims (Kaur). Under the law, specific guidelines are providing the protection of victims and prosecution of perpetrators, including explicit definition and legal framework on the qualification of the sex trade, slavery and involuntary servitude (Kaur). Further, it is provided that the U.S. Department of the state is required to provide an annual report on the state of human trafficking in the country (Department of State).

With that being said, it has been noted that the legislative contribution to the fight against human trafficking has been mercurial. Despite there being strict regulations on the prosecution of offenders and safety guarantee of victims, human trafficking is an ever-increasing issue in America (Roby et al.). Worse still, amendments over the years have shown numerous loopholes in the safety of the regulation on human trafficking. In 2018, an amendment on the Stop Enabling Sex Traffickers Act was enacted (DHS.Gov). In this law, it stipulates that websites are not liable for content distribution by third parties (Kaur). The amendment from the Communications Decency Act of 1996 provides immunity for perpetrators from prosecution.

An additional factor about the limitation of the law is on the Consensual Sex Act (DHS.Gov). The Act in section 230 makes it more difficult for victims to be screened especially, sex workers leaving them more vulnerable to exploitation (DHS.Gov).  The exploitation has transcended into online exploitation in which, government reach on online sites is becoming an increasing nightmare. With the section 230 act, it is becoming more difficult to prosecute online offenders given the recent parallel amendment to the Stop Enabling Sex Traffickers Act which makes it difficult for law enforcement agencies to track any human trafficking activities online (Kaur).

Criticism surrounding the impact the legislation makes on human trafficking has also been noted. Among the laws passed in America, the Violence Against Women Act is one of the controversial laws in the country (DHS.Gov). The law stipulates that it is against the law to purchase products made from trafficked victims in different countries. However, this has done minimal deterrence against human trafficking (Department of State 14). This is given that most of the trafficked individuals hail from countries that are either politically or economically unstable. These individuals come into the country for ‘better opportunities.’ However, when the law enforcement agencies come into contact with these victims, they are treated as criminals and deported back to their countries producing further suffering and exploitation (Kaur; DHS.Gov). Such authoritative impunity makes it more difficult for the victims to speak against trafficking and the severe forms of trafficking in America and the rest of the world (DHS.Gov). The literature surrounding the impact of legislation on human trafficking has shown both positive and negative impacts. However, limited comprehensions about the effectiveness of the legislations have been addressed.  It is, therefore, paramount to evaluate the effectiveness of legislation in America and how efficient they have been in the fight against human trafficking within the territory.

2. Research Questions
3. Is the American legislation on human trafficking effective in curbing human trafficking?
4. How effective is the legislation in America in protecting victims of human trafficking?
5. How effective is the legislation in prosecuting human trafficking offenders?

Hypothesis

Hypothesis 1: The American legislation on human trafficking has not been effective in curbing human trafficking.

Hypothesis 2: The American legislation on human trafficking is not efficient in protecting the rights of the victims.

Hypothesis 3: The American legislation is not effective in prosecuting human trafficking offenders?  

The present study will provide niche information regarding the effectiveness and efficiency of the legislation set on human trafficking in America on the protection of victims and prosecution of perpetrators. Limited research has focused on comprehending the role that the law plays in human trafficking. There is, therefore, need to understand the impact given that law enforcement agencies and associated stakeholders depend entirely on the law to protect the victims and defend them against their offenders.

3. Research Method
4. Study Design

The proposed research is qualitative. Qualitative research is a research approach that attempts to gain insight on specific factors or meaning as well as behaviours experienced in a specific phenomenon. About the present study, qualitative research is ideal as it will help the researcher gain more insight into understanding how legislation impacts the protection of victims and prosecution of offenders (Palmer and Bolderston 16). Qualitative research, therefore, is about comprehending a research query from an idealistic or humanistic approach. According to Pathak et al. qualitative research is a reliable method that seeks to understand people’s beliefs, experiences, attitudes, behaviour and interactions.

1. Sample Population and Size

The sample population proposed for this research includes individuals who have worked within agencies and stakeholders against human trafficking as well as victims of human trafficking who have sort justice to seek justice against their oppressors and offenders. The choice for the first group is the agencies, law enforcement and those who work within the judicial system. The researcher’s perspective in including this group is to gain primary insight on whether legislation has provided a good platform to fight against human traffickers or it has been an impediment. Preferably, the proposed sample population will include professional who has worked for more than ten years as they have experience in legislation changes and its impact on the fight against human trafficking. They may have the first-hand experience of what these changes affect on conducting and carrying out the law against the perpetrators and how it has affected the victims. For the second group, it will encompass human trafficking victims. Additionally, the preferred sample group will include lawyers, especially prosecutors who have worked in the human trafficking department for more than five to ten years. The threshold is similar to the law enforcement agencies provided that they have more experience, professional background and courtesy to explain if the legislation on human trafficking has been effective or not given the current state of the rise in human trafficking in the country.

The second group includes the victims of crime. The reason for choosing this group is because their lives on how they sort legislative protection against their offenders may give a different view compared to those of the first group. The researcher is aware of the vulnerability of the victims in this case, and caution will be taken when handling this group. The proposition is to use the human trafficking rescue organization that exists in the State as a conduit to recruiting the participants in this group. Ethical considerations will be adhered to as provided by the Ethical guidelines of the Institution.

The proposed sample size will be 20 (n=20) participants. The proposition on the number is to cater to an equal distribution of the sample population. It will encompass 10 for the first group and 10 for the second group. The number is ideal, given that the researcher will take into consideration withdrawals during or at the beginning of the research study phase.

1. Sampling

The proposed sampling technique is a non-probabilistic sampling. Non-probabilistic sampling is defined as the identification of a sample population based on the rationale of the study. The process is systematic entailing the choice of specific individuals rather than others (Taherdoost 22). Aligning non-probabilistic sampling with the present research proposal, the sampling technique is ideal. The main reason is that the sample population will not be a representative of a generalized population and, it is unique for the present research to choose specific individuals or participants for information gathering (Taherdoost 22). Therefore, the sampling technique suitable for the present research will be purposive or judgmental sampling. According to Taherdoost, purposive sampling is a strategy in which specific setting persons or participants are selected deliberately to provide important information that cannot be obtained from other choices (22). According to the proposed research participants, scope, hypothesis and research questions, the researcher proposes the use of purposive sampling technique (Taherdoost 22). Acquiring the information on the legislation effectiveness in human trafficking is specific to the participants. As such, the first and second proposed groups will have to be chosen specifically depending on their involvement.

The sampling process will eliminate demographic factors. The demographic factors in this research case will be age, ethnicity, religion, gender, educational background, marital status and occupation for the second group. The researcher proposes the elimination of the demographic factors to limit biasness in the analysis of information. As for the first group, demographic factors on educational background and experience will be important due to the professional insight, and the study needs to provide reliable and valid information regarding the scope of the research.

• Data collection

The proposed data collection is through interviews. An interview is a conversation held between the researcher and the participant (Jamshed). A list of ten interview questions will be asked. Interviews are ideal for qualitative research methods and in this study; it will provide a one-on-one conversation with the researcher to probe more on the scope of the research. The researcher proposes the use of semi-structured interview questions. Semi-structured interviews entail the presentation of open-ended questions to gain an in-depth understanding of the objectives proposed in the study (Jamshed).

1. Process

The first process will require the development of the research questions. The use of pre-determined questions will be deliberated with the supervisor. The merit is to have consistency in data analysis. Upon approval from the supervisor, the interview process will follow. Interview questions will first be placed under pilot study. Professionals within the human trafficking department will be recruited or this phase. The justification is to ensure that the questions are not too personal, nor are they too broad in fulfilling the objectives of the study. The interviews will also be timed with the proposed timing being between 10 to 15 minutes. Feedback from the pilot participants will be relayed back to the supervisor for final amendments.

Conducting the interviews will first require communicating with the participants. The participants will be contacted via e-mail and mobile phones enquiring of their participation, time allocation, meeting venue and agenda of the interview. During the interview, the researcher will remain neutral with their emotions, has to provide ample time for the participant to answer the questions and can ask more questions whenever there is a need for clarification.

1. Measures

Data will be collected using a voice recorder. The voice recorder is ideal for later transcript development using voice recorder software. The measures to be discussed during the interviews are on the effectiveness of legislation in the fight against human trafficking. It will encompass how the victims feel about the legislation in protecting their rights and for the first group if they feel that the victims are protected and whether the law is strict in prosecuting the offenders.

1. Analysis Plan

There are no biases in this study only concerning the sample population sampling process. The research proposes the use of an identified sample population due to the uniqueness in gathering information.  Another bias is in the type of questions to be asked given that the study wants to determine only if the legislation has been effective in carrying out its duty to the victims and the perpetrators. The bias, however, is limited since the researcher is a symbolic interactionalist within the study. The researcher will only be engaged from face-to-face interaction with the participants. Therefore, the researcher is an outsider to the scope of the study.

Once the data is collected, the data for the first group will be separated from the second group within the transcripts. The reason is to find the differences in opinions regarding the scope of the study. As such, comparative analysis of the interview transcripts will be done.

1. Strengths and Weaknesses

The strength of the study is in the sample population. The population will provide first-hand experience and insight on what they think the legislation has done regarding human trafficking. Additionally, the strength of the study is in the interview questions. The lack of involvement of the researcher will limit biases which, will ensure that the data presented is reliable and valid. Also, the study presents niche information regarding the legislative impact on human trafficking in America. On the other hand, the limitation of the study is on the sample population is not adequate to represent concrete evidence on the scope of the study. it produces biases in obtaining information which would have been better if random sampling was implemented.

4. Results and Conclusion
5. The legislative changes that have occurred in the past five years have caused serious impediments in the fight against human trafficking. Essentially, it has made it difficult for law enforcers to prosecute offenders, including online offenders. The researcher has also learnt that online offenders are increasingly becoming more sophisticated compared to the traditional offenders (Department of State 10). Also, the researcher has learnt that offenders are increasingly victimizing their victims against seeking justice which further exasperates the fight against human trafficking. As a result, law enforcement agencies and the judicial system are finding it more difficult to apprehend the offenders and defend the victims (Roby et al.). The consequence is that victimization is re-occurring among vulnerable groups, including sex workers and immigrants.

From this information, and the scope of the research, there is still a lot left to learn. It entails the role of the legislation in protecting the offenders and victimizing the victims. As it appears, current legislative changes have begun safeguarding the interests of the offenders online due to privacy rights, but, in the end, it continues to foster human trafficking. Another aspect that needs to be learnt is the role the law enforcement agencies have in protecting the rights of the victims (Roby et al.). Occasional reports on law enforcers criminalizing the victims are on the rise. As such, this limits the fight against human trafficking with the inclusion of the police officers conducting opposite duties.

1. The policy implications are the need to review the community-oriented, state-level and federal-level involvement in protecting the rights of the victims and bringing the offenders to justice. There is a lot that needs to be addressed regarding the impact that current legislation has on the protection of the victims. Congress reviews on the laws are still pending, which is the right step to safeguarding the efforts in the fight against human trafficking.

Work Cited

Department of State. 2019 Trafficking in Persons Report. 2019, p. 538.

DHS.Gov. “Human Trafficking Laws & Regulations.” Department of Homeland Security, 14 Sept. 2011. www.dhs.gov, https://www.dhs.gov/human-trafficking-laws-regulations.

Jamshed, Shazia. “Qualitative Research Method-Interviewing and Observation.” Journal of Basic and Clinical Pharmacy, vol. 5, no. 4, Sept. 2014, pp. 87–88. PubMed Central, doi:10.4103/0976-0105.141942.

Kaur, Sarbjeet. “Human Trafficking in the United States: Significance of the Trafficking Victims Protection Act (TVPA).” Social Inclusion, vol. 3, no. 1, Feb. 2015, p. 2. DOI.org (Crossref), doi:10.17645/si.v3i1.125.

Lutya, Thozama Mandisa, and Mark Lanier. “An Integrated Theoretical Framework to Describe Human Trafficking of Young Women and Girls for Involuntary Prostitution.” Public Health – Social and Behavioral Health, IntechOpen, May 2012. www.intechopen.com, doi:10.5772/37064.

Palmer, Cathryne, and Amanda Bolderston. “A Brief Introduction to Qualitative Research.” Canadian Journal of Medical Radiation Technology, vol. 37, no. 1, Elsevier, 2006, pp. 16–19.

Pathak, Vibha, et al. “Qualitative Research.” Perspectives in Clinical Research, vol. 4, no. 3, 2013, p. 192. PubMed Central, doi:10.4103/2229-3485.115389.

Roby, Jini L., et al. “U.S. Response to Human Trafficking: Is It Enough?” Journal of Immigrant & Refugee Studies, vol. 6, no. 4, Routledge, Dec. 2008, pp. 508–25. Taylor and Francis+NEJM, doi:10.1080/15362940802480241.

Taherdoost, Hamed. “Sampling Methods in Research Methodology; How to Choose a Sampling Technique for Research.” How to Choose a Sampling Technique for Research (April 10, 2016), 2016.

Appendix 1

Interview Questions

1. What is human trafficking, in your opinion?
2. Are you aware of the U.S legislation on human trafficking?
3. Do you believe that the law provides enough protection for the victims of human trafficking?
4. Do you think it is biased on the gender and age of the victim?
5. In your opinion, do you think that the legislation provides immunity for the offenders?
6. If so, what is your understanding of the process of prosecuting an offender?
7. Do you think law enforcement agencies are crucial to ensuring that victims are protected and offenders indicted?
8. In the recent events, Congress passed a law on reducing monitoring and supervision on online human trafficking activities. What is your opinion?
9. Do you think it will limit the fight against human trafficking?
10. In your opinion, do you think the law is effective in the fight against human trafficking?