By Meera Manoj, Contributing Writer
The Trafficking Victims Protection Act (TVPA), which was enacted "to combat trafficking in persons” and protect undocumented immigrants who are victims of severe human trafficking and violence, has been amended and reauthorized many times since it was first passed in 2000. Here is a rundown of how the act has grown and expanded since its inception.
2000
The TVPA was first enacted by the 106th U.S. Congress on October 28, 2000, as “an act to combat trafficking in persons, especially into the sex trade, slavery, and involuntary servitude, to reauthorize certain Federal programs to prevent violence against women, and for other purposes.” It established a framework for what are known as the 3 P’s: protection, prosecution and prevention.
To protect victims of human trafficking, the act made foreign victims eligible for federally funded health benefits regardless of immigration status and created immigration protections for foreign national victims via the T visa (victims of trafficking) and the U visa (crime victims who have suffered substantial abuse while in the U.S. and are willing to help law enforcement with investigation and prosecution).
To prosecute human traffickers more effectively, the act added new criminal provisions that prohibited and criminalized forced labor, trafficking, slavery and involuntary servitude and strengthened the maximum penalties for existing trafficking crimes.
To prevent future trafficking crimes, the act:
Provided establishment of international initiatives to improve economic opportunities for potential trafficking victims
Created the Office to Monitor and Combat Trafficking in Persons (TIP Office) to publish an annual report describing the efforts of countries to combat human trafficking
Required the establishment of the President’s Interagency Task Force to Monitor and Combat Trafficking (PITF) to measure and evaluate the 3 P’s progress in the U.S. and other countries
2003
The Trafficking Victims Protection Reauthorization Act of 2003 was passed on December 19, 2003. It defined trafficking as a Racketeer Influenced and Corrupt Organizations Act (RICO) predicate, allowed victims to file lawsuits against their traffickers in federal district courts, established a senior policy operating group to enhance policies about international trafficking and the implementation of the TVPA (22 U.S.C § 7103), and mandated an annual report from the attorney general to Congress regarding governmental efforts to implement the TVPA.
2005
The Trafficking Victims Protection Reauthorization Act of 2005 was passed on January 10, 2006. It provided extraterritorial jurisdiction over trafficking offenses committed overseas by federal government employees; established a grant program for states, Indigenous tribes, local governments and nongovernmental organizations to increase assistance for trafficking victims; directed the Department of Health and Human Services to establish and implement benefits and services for juvenile victims; and expanded the reporting requirements of the TVPRA 2003.
2008
The William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 was passed on December 23, 2008, as “an act to enhance measures to combat trafficking in persons.” It created and expanded the definition of trafficking crimes, increased or created penalties for trafficking crimes, required the government to provide information about workers’ rights to work and education-based visas applicants, expanded available protections of the T visa and required all unaccompanied alien children to be screened as potential victims of human trafficking.
2013
The Trafficking Victims Protection Reauthorization Act of 2013 was passed on February 28, 2013. It focused on the elimination of human trafficking from the supply chain of goods, strengthened and amended previous laws to include more crimes or to extend the statute of limitations for certain crimes and increased requirements for the attorney general’s human trafficking report.
2015
The Justice for Victims of Trafficking Act of 2015 was passed on May 29, 2015, as “an act to provide justice for the victims of trafficking.” The act clarified and amended definitions of sex trafficking, including broadening it to include child pornography production (18 U.S.C. § 2423(f)) and facilitating prosecution of customers of sex trafficking victims (18 U.S.C. § 1591 and 18 U.S.C. § 1594). It also required the attorney general to create and maintain a national strategy to combat human trafficking.
2017
The Trafficking Victims Protection Reauthorization Act of 2017 is the most recent reauthorization of the TVPA. It was passed on January 9, 2019, as “an act to amend the Trafficking Victims Protection Act of 2000 to modify the criteria for determining whether countries are meeting the minimum standards for the elimination of human trafficking, and for other purposes.”
If you’d like to learn more about state-specific laws regarding human trafficking, more information can be found on our Resources page. Every month we add more information, so if you don’t see your state there yet, check back next month to see if it’s been added.