Victims of Trafficking and Violence Protection Act of 2000

The Victims of Trafficking and Violence Protection Act of 2000 (TVPA) is a federal statute passed into law in 2000 by the U.S. Congress and signed by President Clinton. The law was later reauthorized by presidents Bush, Obama, and Trump. In addition to its applicability to US citizens, it has the ability to authorize protections for undocumented immigrants who are victims of severe forms of trafficking and violence.[1]

Victims of Trafficking and Violence Protection Act of 2000
Great Seal of the United States
Other short titlesWilliam Wilberforce Trafficking Victims Protection Reauthorization Act
Long titleAn Act to combat trafficking in persons, especially into the sex trade, slavery, and involuntary servitude, to reauthorize certain Federal programs to prevent violence against women, and for other purposes.
NicknamesTrafficking Victims Protection Act
Enacted bythe 106th United States Congress
EffectiveOctober 28, 2000
Citations
Public lawPub. L.Tooltip Public Law (United States) 106–386 (text) (PDF)
Codification
Acts amended2003, 2006, 2008
Legislative history
  • Introduced in the House as H.R.3244 by Chris Smith (R–NJ) on November 8, 1999
  • Passed the House on May 9, 2000 (Voice Vote)
  • Passed the Senate on July 27, 2000 (Unanimous consent)
  • Signed into law by President Bill Clinton on October 28, 2000

History

The Trafficking Victims Protection Act was subsequently renewed in 2003, 2006, 2008 (when it was renamed the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008). The law lapsed in 2011. In 2013, the entirety of the Trafficking Victims Protection was attached as an amendment to the Violence Against Women Act and passed.[2] There are two stipulations an applicant has to meet in order to receive the benefits of the T-Visa. First, a victim of trafficking must prove/admit to being a victim of a severe form of trafficking and second must be a part of the prosecution of his or her trafficker. This law does not apply to immigrants seeking admission to the United States for other immigration purposes.

Pub. L.Tooltip Public Law (United States) 115–93 (text) (PDF) reauthorized the TVPA in 2018, as part of the Trafficking Victims Protection Act of 2017.[3]

Since the law requires the applicant to become part of the prosecution of his or her trafficker, trafficked persons may be fearful of retaliation upon the self or the family and thus serves as a major deterrent to individuals even considering application. The law contains provisions for protection of those who are categorized as victims of human trafficking, primarily for sex, smuggling, and forced labor forms of exploitation.

The TVPA allowed for the establishment of the Department of State's Office to Monitor and Combat Trafficking in Persons, which coordinates with foreign governments to protect trafficking victims, prevent trafficking, and prosecute traffickers.[4]

Amendments

Proposed
  • Justice for Victims of Trafficking Act of 2013 - this bill established in the Treasury the Domestic Trafficking Victims' Fund into which such penalties shall be deposited and which shall be used in FY2015-FY2019 to award grants or enhance victims' programming under the Trafficking Victims Protection Act of 2000, the Trafficking Victims Protection Reauthorization Act of 2005, and the Victims of Child Abuse Act of 1990.[5] The bill also amended the Trafficking Victims Protection Act of 2000 to direct the United States Secretary of Health and Human Services (HHS) to make a determination, based on credible evidence, that a covered individual (i.e., a U.S. citizen or a permanent resident) has been a victim of a severe form of trafficking.[5] It was scheduled to be voted on in the House on May 20, 2014 under a suspension of the rules.[6]
  • Human Trafficking Prevention Act - this bill required regular training and briefings for some federal government personnel to raise awareness of human trafficking and help employees spot cases of it.[7][8]

Determinations

On September 27, 2016, President Barack Obama made a Presidential determination on Foreign Governments' Efforts Regarding Trafficking in Persons Consistent with section 110 of the Trafficking Victims Protection Act of 2000 (the "Act") (22 U.S.C. 7107).[9]

On September 30, 2017, President Donald Trump made a Presidential determination under 22 U.S.C. § 7107 (Respect to the Efforts of Foreign Governments Regarding Trafficking in Persons).[10][11]

See also

References
  1. Siskin, Alison; Wyler, Liana Sun (May 1, 2014). "Trafficking in Persons: US Policy and Issues for Congress". Congressional Research Service.
  2. "Breaking News: Violence Against Women Act & Trafficking Victims Protection Reauthorisation Act Passed". Not For Sale. Archived from the original on 28 December 2013. Retrieved 23 May 2013.
  3. "S.1312 - 115th Congress (2017-2018): Trafficking Victims Protection Act of 2017". 21 December 2018. Archived from the original on 2019-10-17. Retrieved 2019-10-29.
  4. "About Us." U.S. Department of State. Office to Monitor and Combat Trafficking in Persons, n.d. Web. 01 Apr. 2013.
  5. "H.R. 3530 - Summary". United States Congress. Archived from the original on 20 May 2014. Retrieved 19 May 2014.
  6. Marcos, Cristina (16 May 2014). "Next week: Lawmakers to debate defense and drones". The Hill. Archived from the original on 19 May 2014. Retrieved 19 May 2014.
  7. Marcos, Cristina (24 July 2014). "House passes bills to prevent human trafficking". The Hill. Archived from the original on 28 July 2014. Retrieved 24 July 2014.
  8. "H.R. 4449 - Summary". United States Congress. 24 July 2014. Archived from the original on 28 July 2014. Retrieved 24 July 2014.
  9. "Presidential Determination -- Foreign Governments' Efforts Regarding Trafficking in Persons". 27 September 2016.
  10. "Presidential Determination With Respect to the Efforts of Foreign Governments Regarding Trafficking in Persons". JURIST. United States: JURIST Legal News & Research Services, Inc. University of Pittsburgh School of Law. October 27, 2017. Archived from the original on November 7, 2017. Retrieved November 1, 2017.
  11. "Presidential Determination for the Secretary of State with Respect to the Efforts of Foreign Governments Regarding Trafficking in Persons". Federal Register. Washington, D.C.: National Archives and Records Administration. September 30, 2017. Archived from the original on October 28, 2017. Retrieved November 1, 2017.

Further reading
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