THE INTERSECTION OF THE U.S. IMMIGRATION SYSTEM AND HUMAN TRAFFICKING: A LEGALIZED LABOR OF INJUSTICE

Authors

Stephanie Durr

Publication Date

Fall 2022

Abstract

In order to provide a critical analysis of the structural barriers to justice faced by trafficking victims, this Comment will explore the legal framework of trafficking in the United States since 2000, discuss how that framework perpetuates trafficking, review the existing remedies available to trafficking survivors, and analyze whether the existing remedies accomplish their purported goals. Part II of this Comment details the legal framework of human trafficking, including the Trafficking Victims Protection Act and its progeny, as well as relevant case law interpreting the Act’s statutory language. Part III analytically explores how trafficking is perpetrated through temporary work visas. This includes an examination of the T Visa program, asking whether it accomplishes its purported goals; a discussion on the elements of the T Visa and the benefits and drawbacks of the program; and a detailed analysis of the detention and deportation of trafficking victims—walking through the process of removal and how it specifically traumatizes them. After walking through each stage of the immigration process—from recruitment to removal—the need to provide survivor-centered immigration policy and protections will become increasingly clear.

Recommended Citation

Durr, Stephanie (2022) "THE INTERSECTION OF THE U.S. IMMIGRATION SYSTEM AND HUMAN TRAFFICKING: A LEGALIZED LABOR OF INJUSTICE," Mississippi College Law Review: Vol. 40: Iss. 1, Article 11.
Available at: https://dc.law.mc.edu/lawreview/vol40/iss1/11