Bill targets human trafficking

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AUGUSTA – Maine needs laws to address the problem of human trafficking so that victims of the federal crime are not revictimized by an immigration system that’s not designed to address their needs, the Legislature’s Judiciary Committee was told Wednesday.

The committee was gathered for a hearing on a bill that would implement the recommendations of a task force that looked into human trafficking in Maine.

The bill, LD 461, would make human trafficking a state crime and prevent travel agencies from advertising or arranging travel to engage prostitutes or to engage in prostitution.

It also would require that international matchmaking services tell recruits and clients of their rights to receive information about a potential match’s marital and criminal records, as well as information on whether protection from abuse and-or protection from harassment orders had been filed against the person.

“LD 461 will not only give Maine law enforcement officials new tools to prosecute human trafficking offenses occurring within the state and to sanction those responsible, but will also provide a real avenue for victims of these crimes to apply under federal immigration law for U visas in order to assist with prosecution, and to begin the process of being made whole after being exploited here in Maine,” Beth Stickney, executive director of the Immigrant Legal Advocacy Project in Portland, told the committee.

U visas, she said, allow victims of trafficking and other crimes to regain legal immigration status so that victims can begin to stabilize their lives and assist in the investigation and prosecution of crimes. With such visas, victims can work legally for any employer in the United States, and can access safety net public benefits. They also can remain in the country for three years and apply for permanent residency status.

Although nationally human trafficking most often involves women who are forced to work as prostitutes, Stickney said that most of her clients have worked seasonal jobs in Maine in agriculture, forestry or hospitality industries.

If passed, the bill also would create, under the auspices of the Attorney General’s Office, a broad working group to address trafficking issues, and would report back to the Legislature in two years. The group would develop training for law enforcement and community organizations, develop outreach and public awareness campaigns, work on options and initiatives for data collection and the coordination of state and federal victim service programs.

The new legislation would take effect Jan. 1, 2008, if approved.

Rep. Michael Dunn, D-Bangor, said after the hearing that he was inclined to support the legislation.

“It’s a very forward-thinking bill,” he said. “When I think about the potential problems we could have with human trafficking, it would be good to have something in place.”

Congress passed federal human trafficking legislation in 2000, but it is not “victim-centered,” Laurent “Larry” Gilbert Sr., executive director of the Maine Institute for Public Safety Innovation and a former U.S. marshal, said in support of the bill. He told the committee that the proposed state law would put equal emphasis on helping the victims and on prosecuting traffickers.

The Human Trafficking Task Force was established by the 122nd Legislature in 2005 to determine the nature and extent of trafficking in Maine, and to make recommendations for legislative, policy and program initiatives.

The task force recommended the legislation, even though the 12-page report indicated it does not have evidence that such crime is taking place in the state. The group, made up of a dozen members that included legislators, law enforcement officials, prosecutors and community service providers, submitted its report in January.

“Federal and state prosecutors, law enforcement, community service providers and state agencies are all at a loss to quantify the problem,” the report states. “All have experience working with victims of crimes who perhaps could have qualified as victims of human trafficking, but no prosecution had taken place in Maine prior to the meetings [last fall] of the task force.”

Two incidents cited as possibly involving human trafficking resulted in federal convictions for alien smuggling and attempted alien smuggling. In one, a Hartland man brought three people – a Canadian man and two Malaysian females, ages 17 and 19 – across the border in a boat on East Grand Lake. In the other, a St. Stephen, New Brunswick, woman was arrested with two adults and a minor from Guyana, when they attempted to enter Maine at the Calais border crossing.

Three years ago, at least four Asian massage parlors operating in the state were shut down after they were traced to a human trafficking and prostitution ring out of New York. Although women working and living at sites in Old Orchard Beach, Lisbon Falls, South Portland and Bangor were removed from the country by immigration officials for being here illegally, no one involved was prosecuted in Maine. The ringleaders were prosecuted in federal court in New York City.

No one testified against the bill Wednesday.

The Judiciary Committee scheduled a work session on the bill for 1 p.m. Thursday, March 15.

What would passage of LD 461 mean?

If passed, the human trafficking bill would:

? Define human trafficking to include using force, fraud or coercion for the purposes of sexual and labor exploitation.

? Make human trafficking of adults a felony punishable by up to 10 years in prison with enhancements punishable by up to 30 years in prison if a victim dies in the course of human trafficking, or if the victim is a minor forced to engage in commercial sexual activity.

? Authorize the court to order the forfeiture of assets acquired as a result of human trafficking.

? Give victims the right to collect damages and compensation from the Victims’ Compensation Fund.

? Prohibit travel agencies from advertising or arranging for travel for commercial sexual purposes.

? Require international matchmaking organizations to tell recruits and clients of the right to information on the potential match’s criminal, marital and protection from abuse and-or harassment orders.

Human trafficking by the numbers

? 17,500 to 18,500 victims trafficked in the United States annually.

? 116 people charged in federal court with human trafficking offenses in 2005; nearly double the number charged in 2004.

? 1,000 victims as of May 2006 certified by U.S. Department of Health and Human Services enabling them to access services and benefits.

? 1,616 visas were issued by the Department of Homeland Security in 2005 to enable victims to remain temporarily in the United States and pursue staying longer.

? 573 visas were issued by the Department of Homeland Security in 2005 to members of families of victims.

Source: Trafficking in Persons Report, June 2006