Familia y seguridad
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What is human trafficking?
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Human trafficking is the use of “force, fraud, or coercion” to use men, women, or children for some type of exploitation against their will, which includes:
- Some type of forced labor (labor trafficking) or
- Commercial sex acts (sex trafficking)
Note an exception: if a child is involved in commercial sex acts, there does not need to be force, fraud, or coercion involved to be considered human trafficking.
Some examples of human trafficking include:
- A person forcing their partner to engage in commercial sex acts against their will,
- An employer forcing a housekeeper to provide services around the clock and is paid very little,
- An employer forcing an employee to continue working or they will report the employee to immigration officials,
- A spouse demanding that their partner trade sex for essentials like groceries and gas, or
- A runaway youth engaging in sex in exchange for a safe place to sleep.
Learn more about human trafficking and human trafficking facts and myths, as well as information on the US Department of Homeland Security site (in Spanish).
What might be some signs of human trafficking?
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It can sometimes be hard to recognize signs of human trafficking. Some common signs of human trafficking include:
- Lacking control of their passport or identity documents,
- Being threatened by a boss or another actor with deportation or other harm, or
- Being monitored by another person in their activity.
Learn more at:
- The National Human Trafficking Hotline’s Recognizing the Signs publication
- The US Department of Homeland Security’s How to Identify and Report Human Trafficking
- Polaris’ Recognizing Human Trafficking
What is sex trafficking?
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Sex trafficking is when an adult survivor is forced to perform commercial sex acts through the use of force, fraud, or coercion. If the victim is a child under the age of 18 who is engaged in commercial sex, the use of force, fraud, or coercion is not required to be considered sex trafficking.
Sex trafficking includes forced participation or work in strip clubs, brothels, escort services, massage parlors, or prostitution.
It can sometimes be difficult to recognize the signs of sex trafficking. Some survivors initially do not recognize they are victims due to manipulation and grooming by the trafficker. Some signs of sex trafficking may include:
- Feeling pressured into commercial sex acts or sex acts in exchange for essential resources like food,
- Feeling scared or unable to stop providing commercial sex acts,
- Having a partner or guardian who is controlling and will not leave the survivor alone, or
- Having a “pimp” or “manager.”
What is labor trafficking?
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Labor trafficking is when a survivor is forced to perform work through the use of force, fraud, or coercion. This includes forcing someone to work for little or no pay. It can span a multitude of industries, including housekeeping (domestic servitude), food service, manufacturing services, or agriculture.
Some signs of labor trafficking may include:
- Owing the employer a large debt that grows larger and cannot be paid off,
- Isolating the survivor, who isn’t allowed to speak or who avoids eye contact,
- Living in lodging provided by their employer that is dangerous or overcrowded or living at the business,
- Working long or unusual hours,
- Being unable to leave the premises when they want to, or
- Having their identity or immigration documents withheld or being threatened with deportation.
Learn more about labor trafficking.
What resources are available for survivors of human trafficking?
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If there is immediate danger, call 911.
Otherwise, the National Human Trafficking Hotline is a great resource to find both legal and social services. They can be reached at (888) 373-7888 for direct help or through their website (in Spanish). Their website has a referral directory of anti-trafficking organizations that offer emergency, transitional, or long-term services to survivors of human trafficking.
What is safety planning for human trafficking survivors?
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Safety planning increases the safety of survivors while experiencing trafficking, while they are in the process of leaving, and after they have left. Learn more about safety planning for human trafficking survivors at the National Human Trafficking Hotline’s Safety Planning Information.
What immigration processes are available to help survivors of human trafficking?
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Survivors of human trafficking may qualify for several immigration options that can help them stay safe. These options do not require survivors to stay in contact with a trafficker or pay any fees to the trafficker or employer.
Common types of help include:
- T visas, for survivors of severe trafficking who help law enforcement with reasonable requests. Survivors under 18, or those who cannot safely cooperate, do not have to help law enforcement. A T visa is valid for four years.
- U visas, for survivors of certain crimes, including trafficking, who have helped or are willing to help law enforcement. A U visa is valid for four years.
- Continued Presence, a temporary status requested by federal law enforcement. It allows survivors to stay in the U.S. during a trafficking investigation. It is granted in one-year periods and can be renewed while the investigation continues.
- Special Immigrant Juvenile Status, for children who cannot safely reunite with a parent because of abuse, neglect, or abandonment. This can include trafficking situations. SIJS offers protection and may lead to the right to live in the U.S. permanently.
- Asylum, for survivors who fear harm in their home country because of a reason such as race, religion, or political opinion. Asylum does not expire.
These processes can be complicated and can take months or years to complete. Survivors may want to talk with an immigration lawyer about their options. Many nonprofit organizations offer free or low-cost help, including Legal Aid Society of Metropolitan Family Services, Ascend Justice, LifeSpan, and The Immigration Project.
What is the Illinois Trafficking Victims Protection Act?
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The Illinois Trafficking Victims Protection Act, found at (740 ILCS 128/), is a state law that helps protect survivors of human trafficking. It works with federal trafficking laws to give survivors more safety and support in Illinois.
The law:
- Makes human trafficking a crime in Illinois,
- Allows survivors to sue their traffickers in civil court (a court where people can seek money or other remedies),
- Protects survivors from being charged with crimes they were forced to commit while being trafficked,
- Allows survivors to clear certain criminal records, and
- Requires some professionals, like teachers and health care workers, to report possible human trafficking to police or other officials.
These protections are meant to help survivors stay safe, get services, and rebuild their lives.
What other legal processes are available to help human trafficking survivors with criminal offenses or records?
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Some survivors of human trafficking may have criminal charges or convictions (guilty findings) because of what they were forced to do while being trafficked. Illinois and federal law offer several options that may help survivors clear or address these records.
Common options include:
- Vacating convictions – A court can cancel (“vacate”) certain convictions that happened because the person was trafficked. When a conviction is vacated, it is no longer treated as a guilty finding.
- Expungement – This removes certain criminal convictions from a person’s record completely, as if the offense never happened.
- Sealing – This hides (“seals”) certain criminal records from the public. The record still exists, but most employers and landlords cannot see it.
- Affirmative defense – Survivors who are facing criminal charges now may be able to show that they committed the offense because they were trafficked. If the court accepts this, the charges may be dropped or reduced.
These processes can be complicated, and whether someone qualifies depends on their situation. Survivors may want to talk with a criminal defense attorney or a legal aid organization.
Are human trafficking survivors eligible for the Illinois Crime Victims Compensation Fund?
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Survivors of human trafficking may be eligible for the Illinois Crime Victims Compensation Fund if they meet certain conditions. This fund can help cover up to $45,000 for certain expenses caused by a violent crime. These expenses may include medical care, counseling, lost income, or funeral costs.
To qualify, survivors generally must:
- Be a victim of a violent crime in Illinois,
- Report the crime to law enforcement or another approved authority within seven days of its occurrence,
- Cooperate with law enforcement in efforts to arrest and take the offender to court, and
- File an application within five years of the crime
- Minors have three years after turning 18
- Survivors with a disability (including a diagnosis of posttraumatic stress disorder (PTSD)) have three years after recovering from the disability
Human trafficking is considered a violent crime under Illinois law, so survivors may apply if they meet the other requirements.
The fund does not cover every type of expense, and there are limits on how much can be paid for each category. Survivors may find it helpful to get support from a legal aid organization when completing the application.
Where can someone learn more about LGBTQIA+ communities and human trafficking?
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Learn more about how LGBTQIA+ communities can be vulnerable to human trafficking, how to stay safe, and how to reach out for help at Polaris’ LGBTQ+ Communities and Human Trafficking page. The Transgender Law Center also offers a screening tool for LGBTQ clients and trafficking.
How can service providers recognize the signs of human trafficking and help survivors?
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Several organizations, including the US Department of Homeland Security’s (DHS) Blue Campaign), Polaris, and the National Human Trafficking Resource Center provide information and resources for specific service providers to learn more about human trafficking, how to identify it, and how to help:
- Cuidado de la salud
- National Human Trafficking Resource Center’s What to Look for in a Healthcare Setting
- Polaris’ Human Trafficking and the Health Care Industry
- Hospitality
- The Illinois Department of Human Services maintains a list of organizations that can provide training.
- DHS’ Hospitality Industry Toolkit
- Polaris’ Human Trafficking and Hotels & Motels
- Transporte
- Convenience Retail
- Youth Caretakers and Professionals Resources
- Higher Education Students
- Faith-Based and Community
- Aplicación de la ley
- DHS’ Law Enforcement
- Aviation personnel
- Housing and Homelessness
Learn more about how service providers can recognize the signs of human trafficking and help.
What if someone suspects human trafficking?
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If someone suspects human trafficking or has information about possible human trafficking, they should try to note important details such as names or descriptions of the people involved (hair color, eye color, age, tattoos), car descriptions, as well as the date, time, and address. It is important to stay safe. Do not confront the trafficker or the survivor if it is not safe to do so.
Call 911 if there is immediate danger. If there is no immediate danger, you can report trafficking to the National Human Trafficking Hotline by calling (888) 373-7888, texting HELP or INFO to BeFree (233733), chatting with the hotline, or submitting an anonymous tip.
Suspicions of human trafficking can also be reported to federal law enforcement by calling (866) 347-2423.
Where can someone learn more about human trafficking?
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Learn more about human trafficking, how to recognize it, and how to help with Polaris’ Human Trafficking 101 (in Spanish).
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