Testimony for Illinois State Legislature on Illinois Anti-Trafficking Bill 1469

Katherine Kaufka,
Supervising Attorney for Counter-Trafficking Services
National Immigrant Justice Center

May 2005

Good Morning. My name is Katherine Kaufka. I am staff attorney with the Midwest Immigrant & Human Rights Center, a program of Heartland Alliance for Human Needs & Human Rights.  I thank you for your time this morning to address one of the more pressing human rights concerns today: that of human trafficking.

Human trafficking is modern-day slavery.  It is men, women and children pressed into servitude, debt bondage, and forced labor in factories as sweatshop laborers; brothels and massage parlors as prostitutes; agricultural fields as modern-day slaves; restaurants as indentured servants; and private homes as domestic servants.  For over 6 years, Heartland Alliance has been assisting trafficked persons find safety and protection through legal services and start a path of empowerment and recovery through supportive social services.  We have seen the ugly reality of trafficking and forced labor in the United States, and right here in Illinois.

Our clients come from all over the world seeking opportunity where there was none to be had in their home countries.  They are promised better work, better pay, an ability to care for their families and to access improved education.  The reality they find is isolation, fear, psychological and physical abuse, and barriers to asking for help.  The US Congress recognized that this human rights atrocity was occurring in America in 2000 with the passage of the Trafficking Victims Protection Act.  The TVPA promised to enable greater numbers of federal prosecutions against trafficker and greater assistance to victims.  Five years later, we have taken only a very small step toward curbing trafficking in our communities.

Today, the Illinois legislature considers a proposed bill to enable state agencies - law enforcement, the criminal justice system, the service system - and non-governmental partners to help in the fight against trafficking.  This bill is important for several reasons:

(1) It empowers local law enforcement to respond and help fight trafficking.

Trafficking occurs in our communities.  In the training and outreach that Heartland has conducted to local law enforcement, almost every officer has an incident they recall of possible trafficking where they didn't know how to respond.  This bill - which codifies the terms "trafficking" and "involuntary servitude" - would allow local law enforcement to respond immediately and to bring justice where it matters, making our communities as a whole safer.

(2) It ensures victim access to services.

Under the federal law, victims of trafficking are guaranteed access to emergency health care, translation services, consultation with legal service providers and access to appropriate housing, where available.  Many of these protections, however, happen only when federal law enforcement identifies a victim.  It is local service providers and local law enforcement who are the eyes and ears in the community.  Local agents are in a much better position to identify possible victims.  This bill would allow local agencies to refer potential victims to service organizations such as Heartland Alliance to provide support and recovery services.

(3) It allows Illinois to respond to local problems with community-based solutions.

Heartland's own experience and collective experience with our national partners has shown that trafficking is diverse in its forms - it will vary in different places and situations.  Where Washington, D.C, frequently sees trafficking and domestic servitude in diplomat homes, the Midwest sees forced labor in restaurants and strip clubs.  This legislation will help Illinois governmental and non-governmental agencies to work together to better identify the unique dynamics of trafficking and to respond on the local level through the criminal code and the crime victim services uniquely available in Illinois.  This legislation will allow Illinois to serve as a model in the national and international effort to stamp out this terrible crime.

Conclusion

Illinois can be proud of its long commitment against slavery.  As we unfortunately are faced with today's versions of forced labor, peonage and involuntary servitude - affecting immigrants and U.S. citizens - we look forward to working toward community solutions that can be creative, effective and lasting.  We believe that this bill is the first step toward reducing trafficking and modern-day slavery in Illinois.

Thank you.