DOJ Comments on Proposed Human Trafficking Assistance Bill

ensure that foreign migrant workers are provided protection equal to nationals of the foreign country.” This provision does not differentiate between legal and non-legal migrant workers, nor does it distinguish between forced labor and non-coerced mi grant labor. DOJ believes that any international standard that we promote must mirror our domestic standards. Similarly, the new subsection (a)(i)(4) could be read as encouraging countries to loosen their immigration laws, ‘something that the United States Government might not be willing to do. Subsection (b) amends the Foreign Assistance Act of 1961 (22 U.S.C. § 2151 ef seq) to provide specific assistance for anti-trafficking investigation and prosecution units in foreign countries. This subsection could be construed as prioritizing sex trafficking over labor trafficking. As stated above, DOJ believes that any international standard that we promote musi mitror our domestic standards, which prioritize both sex trafficking and labor trafficking. Further, the amendment to 22 U.S.C. § 2152(d)(a)(2) should include a reference to labor trafficking and should, therefore, read “including investigation of individuals and entities that may be involved in trafficking in persons involving sexual exploitation or forced labor.” 3. Section 104 The Department objects to the language in this section that specifies the groups with which the United States Government must consult and coordinate in offering assistance and protection to victims of human trafficking. Such language both places undue restrictions on the United States Government and could limit the Government’s ability to deal with some necessary groups. It has been the consistent practice of the Department to consult widely with a range of stake holders and others before designing a program of foreign assistance on human trafficking, Such an additional requirement in the statutory language is unnecessary. We suggest that the language be amended to read, “[i]n cooperation and coordination with organizations which may include the [UNHCR], the International Organization [for] Migration, and other relevant organizations....” 4, Section 105 DOJ recommends that subsection (a) also require that the effectiveness of assistance programs be measured based on best efforts to facilitate cooperation with law enforcement, along with the other criteria. 5, Section 106 DOJ opposes the bar in subsection (b)(1) against including cases in which probation or low sentences are given. Some of the most important cases are the ones against cooperating defendants that result in minimal sentences in exchange for information or testimony. Embassies Should have the discretion to take such situations into account when evaluating foreign government efforts to combat trafficking. The Department recommends amending section (b)(1)(B) by striking “shall not be considered to be an” and inserting in its place “shall be considered on a case by case basis to determine if it will be considered an” so that it will give the tL Secretary of State greater flexibility in evaluating the efforts of other countries. 7 HOUSE_OVERSIGHT_012373