Disparate Protections for American Human Trafficking Victims

The federal government places victims, for the purpose of receiving protections, into two categories: first, international victims and second, American citizens or permanent residents. If an international trafficking victim qualifies to receive services as a result of having been trafficked, the United States will provide refugeelike protections through the TVPA. These protections include housing, food, cash assistance, job training, counseling, medical care, legal assistance, and other services that are available for a period of several years. Victims who are Americans, on the other hand, must find protection elsewhere.

The United States government specifically excludes its own trafficked citizens from receiving federally-funded TVPA protections. Though the United States government recognizes that there is a disparity in the services and protections offered to Americans, it has yet to provide a remedy. The purpose of this Article is to examine the protections both groups receive, highlight inconsistencies in federal law and the practical enforcement of the law, and discuss the implications of having a two-tier system of protection for human trafficking victims in America.