Fixing the Flaws in U.S. Anti-Trafficking Laws

James Evans* didn’t buy a ticket to hell, but that’s exactly where his train took him.  

The moment he said yes to a stranger’s offer of a glamorous new life, his nightmare began. Instead of the safe love he was promised, he found exploitation, and by the time his train pulled into Chicago, his body, life, and choices no longer belonged to him. That day, Evans became one of the roughly 27.6 million people worldwide who are subjected to trafficking each year. 

Human trafficking isn’t a myth happening in a far-off corner of the world; it’s intertwined into our own lives and hidden in plain sight. It’s at the hotels we routinely drive past, in the nail salons where we stop for a manicure, in the agricultural fields where exploited hands pick the fruit we eat, and in the train stations we pull in and out of. It’s referred to as modern-day slavery, and that name, while extremely harsh, is scarily accurate. 

Knowing this, the question arises of what the role of the government is in managing human trafficking. The United States paints itself as a global human rights leader: a nation united under one flag with liberty and justice for all, but really, where is that justice? The unfortunate truth is that the American legal system has fallen short in regards to this matter. Despite talks of “zero tolerance” and stacks of laws created to fight trafficking, prosecutions remain scarce, victim numbers are increasing, and survivors are not getting the justice they deserve. The U.S. has impressive frameworks on paper — things like the Palermo Protocol, the Trafficking Victims Protection Act (TVPA), and T visas — but ultimately, they’re not having the substantial impact they were designed to have. 

Defining Human Trafficking

The very first step to addressing human trafficking is setting a strong foundation of knowledge by clearly defining what it is. Contrary to popular belief, it’s not limited to sexual exploitation and abuse. It also encompasses forced labor, domestic servitude, and even organ trafficking, all of which are driven by coercion, deception, and violence. At its core, it is the transportation and control of human beings, each of whom carries a unique story. Traffickers often prey on those living in poverty or instability, mainly children and women of marginalized backgrounds. Many people, like Evans, are promised a false reality, like jobs or an education, but get sucked into the dark world of trafficking instead and find it difficult to escape. 

The Promise of Palermo and TVPA: 

Credit should be given where it’s due, and it’s encouraging to see that the U.S. recognizes and is working to combat this issue. In 2000, it took two major steps to tackle it. The nation signed the Palermo Protocol, a U.N. treaty that unites nations to fight trafficking on three fronts. The three P’s are as follows:

• Prosecution​​ of traffickers through criminalization and border cooperation. 

• Protection of survivors, including legal support, safety, and support. 

• Prevention of future trafficking through education, training, and public awareness. 

That same year, Congress passed the Trafficking Victims Protection Act, TVPA, which mirrors the Protocol’s three-pronged approach and solidified tools to punish traffickers and help survivors through official legislation. It was the first comprehensive federal law to address human trafficking in the United States, and includes tools like the annual Trafficking in Persons (TIP) report and the President's Interagency Task Force to Monitor and Combat Trafficking in Persons (PITF), while strengthening criminal penalties. TIP is released yearly and provides an update on the current trafficking situation both in the US and internationally (the 2025 report can be found here). PITF is composed of 20 federal agency representatives who meet to discuss strategies of prevention, often taking a victim-centered approach to their ideas. 

Together, Palermo and TVPA were supposed to make the United States the epitome of anti-trafficking enforcement. Yet, all these years later, the numbers tell a different story. The State Department's own reports show a steady increase in victims, but not as much in prosecutions. The blueprint exists, but the house is crumbling.  

Gap in Number of Cases and Prosecution Rates

So, if there are all these policies and resources spent on combating trafficking, why do cases rarely make it to court? Well, trafficking prosecutions are notoriously complex and most of the time end up in plea deals. Since victim testimony is crucial in a trial, survivors must be put on the spot and often decline to be. Fear, shame, threats, and trauma are all reasons that drive these decisions to deny testifying. Plea deals are commonly secured as a result, and trauma wounds are reopened while traffickers get a slap on the wrist. It’s also quite difficult to gather substantial evidence due to the secretive nature of the crime so many survivors don’t report their personal experiences, or reach out for help. Due to these reasons, prosecutions are low, and few cases actually end up in court.  

T Visas

However, all hope is not lost. One of the TVPA’s most promising components is the creation of T visas. T visas are visas given to survivors of severe trafficking and their families, providing them with the right to stay in the U.S. for up to 4 years initially and rebuild their lives. Other benefits include the ability to apply for an Employment Authorization Document (EAD), which allows them to work legally in the United States and access to federal benefits like food assistance and certain types of healthcare. Foreign individuals make up all T visa recipients, and are often trafficked from developing countries like Mexico, Honduras, and India. So long as the trafficking is what causes or leads to the person being in the United States, they are eligible. For domestic victims, who make up a large percentage of those who are trafficked in the States, the T visa is not accessible because they are already citizens. Although the qualifications seem simple enough, the T visa is quite complex. 

The process of this visa is part of what makes it an unpopular choice. Survivors must physically be in the United States and cooperate with law enforcement. This means reliving their trauma and potentially even testifying against their abusers, which is something many can’t do out of both fear of punishment and PTSD. Even if one is brave enough to do so, they’re not out of the woods yet. They have to wait months or even years to hear back, and only once they get approved are they able to move forward. During this process, applicants typically reside in the U.S. under deferred action or “continued presence” or have no status without prioritization for removal. 

The United States has a cap of 5,000 T visas that can be issued per year, but that limit has never been reached. This is due to many reasons: a lack of awareness and understanding as many trafficking victims are oblivious to the visa, language barriers, complex applications, and a fear of retaliation from traffickers. The T visa system needs to be fixed, or else it won’t reach its maximum potential.

Needed Reforms: 

To truly support trafficking victims, several reforms are crucial. 

1. First, the T visa process must be broadened and simplified so it’s more accessible. In its current form, it's very complex, slow, and restricted, making it hard for foreign survivors to benefit from. Simply streamlining the process by reducing documentation burdens and wait times would make this protection far more effective. Additionally, expanding eligibility criteria and making the process of cooperating with law enforcement easier for those experiencing trauma would ensure that those seeking safety are able to get it. 

2. Second, Safe Harbor laws should be universal. Safe Harbor laws protect child trafficking victims from prosecution for crimes they were forced into committing. Instead of punishing young kids who had no control over their circumstances, these laws would direct them toward protective services. Some states, like New York, Massachusetts, and Washington, have their own variations of the Safe Harbor laws, while many others have adopted partial decriminalization measures. However, the specifics vary from state to state, and some have no laws in place at all. This complicates cases in which children are trafficked across state lines, and overall needs to be fixed. The inconsistency and lack of nationwide laws leave many children vulnerable to being treated like criminals, rather than victims. Universal Safe Harbor laws would ensure shelter, counseling, medical care, and legal support for trafficked children. These laws are necessary to bring focus to safety and rehabilitation rather than criminalization. 

3. Third, the court system needs to be revised, and officers need to be trained for sensitivity. Survivors often face retraumatization in the legal process from harsh cross-examinations and having to face their traffickers face-to-face. Many choose not to testify out of fear, proving how the current system serves as a barrier to justice. Revising court systems, like allowing testimony through videos, offering trauma-centered procedures, and promising protection against traffickers, would make the justice system more suitable for survivors. Additionally, specialized training for police officers, lawyers, and judges would lead to more sensitive investigations and prosecutions. This would benefit and prioritize the victim, which is the most important thing. 

4. Lastly, the U.S. should invest in long-term survivor stability services. Escaping trafficking is not the end of the journey; rather, it’s the start of the recovery process. Without stable housing, mental health care, education, and employment opportunities, many survivors face poverty and remain vulnerable to re-exploitation. The government must invest in comprehensive, long-term support measures that address these concerns and help survivors build independence again. 

Why it Matters

Trafficking happens in my neighborhood, in your neighborhood, in all 50 states, in all territories — it happens everywhere. It’s an issue of morality where dignity is taken away from human beings, and it has an incredibly negative psychological and physical effect on those who endure it. Simply put, we should all care because it’s the right thing to do. We must give a voice to the voiceless. Right now, the U.S. is falling short on its promise to protect survivors, prevent trafficking, and prosecute abusers, despite the many policies that have been signed into law. The cycle continues, and not all survivors are getting the justice they deserve. James Evans was able to escape and redefine his life, but not everyone gets that opportunity. If we don’t fix the very apparent flaws in these American laws, then trafficking will remain a reality, and modern-day slavery will forever remain modern. 

*Name changed for safety purposes.

Image Source: Grindstone Media Group // Shutterstock