Pablo arrived in the United States using an H2B visa. Having paid his recruiter a substantial amount of money, he was told that he will work for a hotel in Nevada. Upon his arrival, he found out that there was no employment for him in a hotel. Instead, he was forced against his will to work in various households as a housekeeper for a minimal pay. His recruiter kept his passport with the visa that eventually expired. After one year without legal status, he left his housekeeping job without his recruiter’s knowledge. He finally found a job as a live-in caregiver and worked 24/7 without leave. This time he was paid a reasonable salary for his services.
Since he is undocumented, Pablo would like to legalize his stay by applying for a working visa. He found out that obtaining a visa as a caregiver could take several years. He also learned that being in unlawful status will make it legally impossible for him to change status to a nonimmigrant working visa. Pablo heard about the case of a Filipina getting a “T” visa as a victim of human trafficking. He wants to apply for the same visa. Pablo was told that he fits the profile of a trafficking victim. But when he was informed that part of the requirement is that he assists law enforcement agencies in prosecuting his recruiter and employer, he had second thoughts about his decision to file the T visa. According to Pablo, he could not in conscience assist in persecuting the person who helped him in coming to the United States. He said that despite paying the recruiter money, he still feels that he owes this person a debt of gratitude.
The story of Pablo is a story of many of our “kababayans” who are victims of human trafficking but are afraid to pursue their cases against their recruiters. Very few find the strength to fight for their rights and liberate themselves from the traffickers with law enforcement authorities’ support. In an effort to reach out and assist victims of human trafficking, the Obama administration proclaimed the month of January as the National Slavery and Human Trafficking Prevention Month.
Human Trafficking
Human trafficking is a serious offense. It is a form of modern-day slavery in which traffickers lure individuals with false promises of employment and a better life. Traffickers often take advantage of the vulnerable population, the poor, unemployed individuals, the undocumented who lack access to social safety nets.
Not all failed recruitment or labor contracts may be classified as trafficking. To consider a case as ‘trafficking’ depends on the type of work, the use of force, fraud, or coercion to obtain or maintain work.
A trafficking survivor may avail of the protection of the law anytime he can show that he was a victim of a “severe form of trafficking in persons”. The severity may be proven by showing that the victim was brought to the US either for: (1) the purpose of a commercial sex act by force, fraud or coercion, or was under age 18, or (2) labor or services induced by force, fraud or coercion and for the purpose of subjecting the victim to slavery, debt bondage or involuntary service
The “T” Visa
In October 2000, Congress created the “T” nonimmigrant status by passing the Victims of Trafficking and Violence Protection Act (VTVPA). The legislation strengthens the ability of law enforcement agencies to investigate and prosecute human trafficking, and most importantly, offers protection to victims.
For those who are trafficking victims and are undocumented, the “T” visa may be availed of. The T Visa allows victims to remain in the United States and obtain permanent immigrant visa status.
Prosecuting the Trafficker
The T visa has a dual purpose. It primarily assist the victims of trafficking and secondarily assist law enforcement authorities in the investigation or prosecution of human trafficking cases. Under the secondary purpose, the applicant for the T visa is expected to comply with reasonable request by authorities to assist in the investigation and prosecution of trafficking. If the victim is not willing to cooperate, the T visa will not be approved. This part of the application process is where some victims are afraid to pursue their applications for T visas. To help the victims gather courage to assist in prosecution, the family and community must be supportive of the efforts undertaken by the trafficking victim. The prevention of human trafficking requires a team effort not just from the government but also from public.
Filipino Trafficking Victims in the U.S.
There is no exact number on how many Filipinos are victims of human trafficking in the United States. In the media and even in the blog of the U.S. Citizenship and Immigration Services, many Filipinos relate how they became victim of unscrupulous individuals who forced them into labor and debt bondage. While we often hear of domestic workers as victims, recently, teachers on H1B visas are also claiming to be victims of trafficking. In the recent federal case of Nunag Tanedo v. East Baton Rouge Parish School Board there were 350 Filipino teachers who scored a victory when after trial the jury awarded them $4.5 million in damages. These cases and the other human trafficking cases where the employers were investigated, charged and convicted manifest the increasing awareness of individual against human trafficking. We each play a role in curbing extreme exploitation and abuses of workers and innocent kababayans.
(To report trafficking in persons call the following U.S numbers: 1-888-428-7581 or 1-888-3737-888. Author Atty.Lourdes Tancinco may be reached at law@tancinco.com or at 887 7177 or 721 1963)
