Wednesday, November 29, 2017
Immigration Article of the Day: Protected, Not Removable: Foreign National Trafficking Victims and the Immigration Policies of the Trump Administration by Caroline Fish
Protected, Not Removable: Foreign National Trafficking Victims and the Immigration Policies of the Trump Administration by Caroline Fish, The National Law Review (2017)
This article looks at the issue of foreign national trafficking victims who have been charged with crimes in connection with their being trafficked, in relation to the current immigration policies of the Trump administration, which encourage immigration agents to detain, with the aim of removal, those foreign nationals who are charged with criminal offenses in the U.S. The article proposes that, even under the immigration policies of the Trump administration, the advancement of protection for foreign national trafficking victims is possible and critical.
Part I provides a background on the issue of human trafficking and illustrates, in particular, the circumstances in which foreign national trafficking victims may become criminal defendants in the justice system. Part II discusses the legal protections and mechanisms currently in place to protect foreign national trafficking victims and to divert defendant-victims toward services. Part III discusses the implications of the new immigration policies of the Executive Branch and argues that these policies do not change the protections in place for foreign national trafficking victims, even those who may become criminal defendants. This Part also proposes three ways to counter the negative impact of the current immigration policies for foreign national trafficking victims. This article concludes that maintenance and expansion of protections for all trafficking victims is essential to the global fight against trafficking, and this fight is one that should not slacken with a change of national administration.