Identifying Trafficking Victims

The United States Department of Health and Human Services (HHS) recommends that the following indicators be considered as "flags" for potential victims of human trafficking:

• Evidence of being controlled, evidence of inability to move or leave a job

• Bruises or other signs of physical abuse

• Fear or depression

• Not speaking on own behalf and/or not speaking local language

• No passport or other form of identification or documentation

If one or more of these indicators are present, the HHS recommends using the following questions to "look beneath the surface"

• What type of work do you do?
• Are you being paid?
• Can you leave your job if you want to?
• Can you come and go as you please?
• Have you or your family been threatened?
• What are your working and living conditions like?
• Where do you sleep and eat?
• Do you have to ask permission to eat/sleep/go to the bathroom?
• Are there locks on your doors/windows so you cannot get out?
• Has your identification or documentation been taken from you?

On January 31, 2002, the Department of Justice issued interim regulations governing the issuance of T-visas.  To qualify for a T-visa, a non-citizen must demonstrate that he/she:

(a) is or has been a victim of a severe form of human trafficking;

(b) is physically present in the United States on account of trafficking;

(c) has complied with reasonable requests by law enforcement to assist in the investigation and or prosecution of traffickers (if the victim is 15 or older); and

(d) would suffer "extreme and unusual hardship" if removed or deported back to the victim's home country.

The regulation impose a further requirement (not included in the TVPA) upon victims of trafficking: in order to qualify for a T-visa, the victim must have had contact with a law enforcement agency.