1. Human Trafficking
Overview
Sex Trafficking in the U.S.
Labor Trafficking in the U.S.
Agriculture & Farms
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Traffickers often threaten foreign national
workers with arrest and deportation, even
workers who have the legal right to work in
the United States.
Exploitation in agriculture becomes
trafficking when the employer uses force,
fraud and/or coercion to maintain control
over the worker and to cause the worker to
believe that he or she has no other choice.
“These people are being held in captivity, in some cases in chains… A couple of
workers literally forcibly busted out of a truck in which they were held against
their will. So, the norm there is a disaster, and the extreme is slavery. And this is
taking place in the United States of America.”
– Senator Bernie Sanders
Victims of labor traffickinghave beenfoundamongthe nation’s
migrant andseasonal farmworkers, includingmen, women, families,
or childrenas youngas 5 or 6 years oldwho harvest crops andraise
animals infields, packingplants, orchards, andnurseries. Victims of
this formof traffickinginclude U.S. citizens andlegal permanent
residents, undocumentedimmigrants, andforeignnationals with
temporary H-2A work visas.
Agricultural work is oftenisolatedandtransient, andincome canbe
irregular. Workers oftensee peeks andlulls inemployment due to
changingharvest seasons, andmay travel upanddownthe country
to findwork. Unscrupulous crewleaders exploit these conditions of
vulnerability, addingdebt, violence andthreats to holdfarmworkers
inconditions of servitude.
Ayoungmancame to the U.S. to lookforwork, because he needed
to support his agingparents. Arecruiterhelpedtransport the man
alongwith several others. Once inFlorida, the recruiterofferedthe
menjobs pickingtomatoes. The youngmanwas forcedto work
extremely longhours. Once the recruiterbeat two of the otherworkers whenthey triedto take a
break, andhe threatenedto harmthe otherworkers if they stoppedwork. He also threatenedto
report the workers to immigrationif they attemptedto leave.
*Basedoncalls receivedby the National HumanTrafficking
Resource Center. Identifyingdetails have beenchangedto protect
confidentiality.
Whendoes it become trafficking?
Farmworkers frequently face abusive andexploitative treatment, but
not all labor exploitationconstitutes humantrafficking. Exploitation
inagriculture becomes traffickingwhenthe employer uses force,
fraudand/or coercionto maintaincontrol over the worker andto
cause the worker to believe that he or she has no other choice but to
continue withthe work. Commonmeans of control include:
Force–Isolationinmigrant camps andrural areas;control over transportationandcommunication
withoutsiders;physical or sexual abuse.
Fraud–False promises about the job;alteredcontracts andpay-statements;exorbitant recruitment
fees for jobs that have lowwages inactuality.
Coercion –Exploitationof foreignnational workers’ lack of familiarity withthe language, laws and
customs of the U.S.;verbal andpsychological abuse;threats of deportationor other harmto the victim
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or the victim’s family;confiscationof passports andvisas;manipulationof debt workers took onto
obtainthe job;debt bondage throughhighfees for rent, food, tools, transportationandother expenses.
*The above list is not comprehensive orcumulative. One element of force, fraudorcoercionmay be
present, ormany.
Vulnerabilities
Isolation –Farmwork oftennecessarily occurs inrural, sparsely populatedareas. Migrant
farmworkers traditionally live inhousingprovidedby their employer. Crewleaders or employers who
wishto exert control over farmworkers may keepthemconfinedto the property, sometimes withthe
use of locks, armedguards or dogs. Farmworkers that travel withtheir crewleader alongthe migrant
streamto findwork face further barriers to obtainingassistance, due to constant unfamiliarity with
newsurroundings.
Exclusion from certain labor laws–Migrant andseasonal farmworkers are vulnerable to
exploitationdue to their exclusionfrombasic labor protections affordedto workers inother
industries, suchas laws governingovertime pay, the right to organize andbargaincollectively,
minimumwage (for some workers), workers’ compensation(for some workers)andless restrictive
childlabor laws. Althoughsome protections exist specifically for farmworkers –suchas health
protections concerningwork inthe fields andexposure to pesticides, andthe right to sanitary housing
–these protections are not adequately enforced.
Immigration Status–Traffickers oftenthreatenforeignnational workers witharrest and
deportation, evenworkers who have the legal right to work inthe U.S. Farmworkers onanH-2A
temporary work visaare prohibitedfromworkingfor anemployer other thanthe one who requested
their visa, leavingthe worker vulnerable to abuse by anemployer, crewleader, or recruitment agency.
Statistics Snapshot
Since the passage of the TraffickingVictims ProtectionAct, numerous cases of slavery have emerged
inagriculture. Inthe state of Floridaalone, the Department of Justice has prosecuted7 labor
traffickingcases, assistingover 1,000 victims. Most recently, onSeptember 2, 2010, the Department
of Justice issuedanindictment allegingthat Global Horizons, alabor recruitingcompany, recruited
over 400 Thai workers andforcedthemto work inagriculture inat least 13 states by ensuringthe
workers accruedasubstantial debt, confiscatingtheir passports andvisas, anddeportingworkers that
didn’t cooperate withthe company’s demands.
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Washington, D.C. 20009
Tel: 202-745-1001
Fax: 202-745-1119
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