A Haven for Traffickers: How the United States Provides a Legal Safe Haven for Businesses That Rely on Forced Labor in the International Supply Chain

Congress enacted the Trafficking Victims Protection Act (“TVPRA” or “Act”) in 2000, which, through its amendments, gives victims of human trafficking, including forced labor or slave labor, a private right of action against those who knowingly benefit from the abusive labor practices perpetrated on them. Even though slave labor, particularly child labor, is a perceived evil in the foreign supply chains of many domestic companies, courts appear uncomfortable with the some of the civil liability provisions of the TVPRA. This Article examines recent cases brought under the TVPRA, and how, in some cases, courts have eviscerated the private right of action for these foreign victims. This Article also analyzes how some of these recent interpretations do not comport with prior precedent or legislative intent and attempts to offer an explanation as to the judicial discomfort with victim-based claims for damages under this Act.