Trafficking, Migration, and the Law

Abstract

The Trafficking Victims’ Protection Act of 2000 has been presented as an important tool in combatingthe exploitation and abuse of undocumented workers, especially those forced into prostitution. Through a close reading of the legislation and the debates surrounding its passage, this article argues that the law makes strategic use of anxieties over sexuality, gender, and immigration to further curtail migration. The law does so through the use of misleading statistics creating a moral panic around “sexual slavery,” through the creation of a gendered distinction between “innocent victims” and “guilty migrants,” and through the demand that aid to victims be tied to their willingness to assist in the prosecution of traffickers. As a result, the legislation is less a departure from, than of a piece with, other recent antisex and antiimmigrant policies.

News Frames and Story Triggers in the Media’s Coverage of Human Trafficking

“…In terms of solutions, these alternative voices propose legalizing prostitution, treating prostitutes as workers rather than victims, and helping them obtain safer working conditions and health care. They also call for more liberalized immigration laws in the USA and Western Europe (Andrijasevic 2007;Chapkis 2003;Kempadoo 2005;Kinney 2006). …”

“…Another group of scholars and activists criticize US policy from a "sex-positive" feminist (e.g., see Agustin 2007;Andrijasevic 2007;Chapkis 2003;Doezema 2000;Kinney 2006;Kuo 2002) or post-colonialism perspective (e.g., see Kempadoo 2005;Outshoorn 2005). These views are echoed frequently in the leading progressive news magazines (e.g., see Cockburn 2006;Critchell 2003;Jones 2007;Katayama 2005;Lustig 2007;Nathan 2005;Schafer 2005).…”

“…Religious conservatives are joined by "radical" feminists who view prostitution as exploitation of women and male dominance and a justification for continuing violence against women and gender inequality. Reminiscent of the move against "white slavery," this coalition's strategy has been to generate outrage among the American public in order to build support for more draconian solutions to combat prostitution and criminalize other elements of the sex industry (Agustin 2007;Chapkis 2003;Doezema 2000;Weitzer 2007).…”

Sex on the move: Gender, subjectivity and differential inclusion

“…The studies have also shown that such an understanding of trafficking fails to address the convergence between anti-trafficking and anti-immigration policies. Moreover, the international instruments set in place to counter trafficking (such as the Palermo Protocol) have been criticized for actually facilitating the cooperation between states to prevent irregular migration, rather than protecting or giving restitution to the victims of crime or migrants in situations of labour exploitation (Chapkis, 2003: Gallagher, 2001). …”

Labor Law and Immigrants: Legal Impact to Minority

“…Per-Anders Edin, et al (2004) evaluates the rules stipulated in the immigration policy particularly in Sweden and shows that immigrants are likely to experience substantial long-term losses. Chapkis (2003) argues that the Trafficking Victims Protection Act of 2000 in the United States is meant to combat exploitation and abuse of undocumented immigrant workers. However some misleading statistics have created a moral panic around an anti-immigrant policy that fails to help victims of sexual slavery and guilty immigrants.…”