POLICY PRIORITIES
It is a myth that Human Trafficking is problem that primarily affects developing countries. There are also misconceptions about the profile of victims, with the media often depicting images of foreign nationals being transported across borders or being held captive in shackles against their will. In reality, human trafficking is a crime that also occurs in cities, suburbs and rural communities across the United States. And despite the media's perception, anyone can be susceptible to becoming a victim, regardless of age, race, ethnicity, sex, gender identity, sexual orientation, nationality, immigration status, cultural background, and religion. However, traffickers are more likely to target vulnerable individuals, such as those who lack safe and stable housing.
Our policy platform is based on the following pillars: Racial Justice, Economic Justice, Immigrant Justice, Climate Justice and Government Accountability. To that end, our advocacy seeks to be intersectional with a focus on the following:
- Increase the state's focus on addressing labor and sexual trafficking.
- Invest in prevention through education, training, and outreach to impacted communities.
- Support and improve current services available to human trafficking survivors.
- Ensure government response is centered in assisting victims, not on criminalizing.
LOS ANGELES POLICY PRIORITIES
Prevent Trafficking by Updating City and County Procurement Policies
Problem: Los Angeles City and County’s procurement policies do not protect against trafficking in supply chains and contracted services.
Goal: Update existing procurement contract requirements in Los Angeles City and County to be consistent with measures already required Federally.
Impact: These procurement contract requirement changes would ensure all future public contracts, including contracts issued in preparation for the World Cup (2026) and the Olympics (2028), are made with companies and organizations with ethical business practices. Los Angeles needs to require all suppliers and service providers seeking to contract with the city and county to take active steps to prohibit trafficking-related activities in their supply chains. This targeted approach is long overdue.
Additional Information:
- Fact Sheet: LA City Procurement Policies
- Fact Sheet: LA County Procurement Policies
Understand the Needs of Human Trafficking Survivors in Los Angeles by Collecting Accurate Data
Problem: There is no accurate data on the prevalence of human trafficking in Los Angeles City and County. Better data is needed to fully understand how to address human trafficking in the Los Angeles.
Goal: To fund and complete a prevalence study in the City and County. By looking at the cost of comparable studies on human trafficking, it can be estimated that a countywide comprehensive prevalence study focusing on both sex and labor trafficking would cost approximately $1.5 million and take around 3 years to complete. Citywide, it would cost $1 million and also take 3 years to complete.
A comprehensive prevalence study would help Los Angeles area officials combat trafficking and serve survivors by:
- Collecting data information on the prevalence of HT;
- Collecting demographic data on who is experiencing HT, such as data on gender, race, age, and type of human trafficking;
- Identifying geographic areas, labor and service industries experiencing HT, including HT for forced criminality.
Impact: The data collected through a prevalence study would give Los Angeles City and County the ability to: (1) invest appropriately in prevention strategies; (2) invest appropriately in intervention and outreach strategies and; (3) invest appropriately in specialized service needs for survivors.
Additional Information:
Support Human Trafficking Survivors in Los Angeles by Funding a Restorative Justice Pilot Program for Human Trafficking
Problem: Since the passage of the Victims of Trafficking and Protection Act (2001), there has been push to provide justice to human trafficking victims in the United States. However, across the nation, including Los Angeles, enhancing prosecutorial efforts to arrest and convict traffickers has dominated resources devoted to combating human trafficking.
Goal: It would be beneficial for Los Angeles to take the important step of adopting a pilot restorative justice program for human trafficking survivors as an alternative to the traditional prosecution in the criminal justice system. This pilot program would (i) be in line with documented research regarding human trafficking survivors’ wants and needs, (ii) remove the burden on taxpayers who bear the costs of placing perpetrators in jail and then prison, and (iii) decrease defendants’ likelihood of recidivism.
Impact: Restorative justice initiatives expand the potential for real change in communities, the justice system, and the realization of justice for survivors of human trafficking. Compared to the current justice system, restorative justice programs have proven to be more effective in both reducing the likelihood of reoffending and saving taxpayers money. In allocating the first funding for a restorative justice pilot program, Los Angeles will be taking an important first step towards affording justice to human trafficking survivors based on their own terms. In doing so, Los Angeles County will provide new pathways for increased community safety, save taxpayer money in both the short and long-term, and save thousands of lives by investing in approaches that may prevent trafficking in the long run.
Additional Information:
- Fact Sheet: Why Restorative Justice Program for Human Trafficking Should be Developed
- Funding Proposal: Restorative Justice Budget Proposal
- Survivor Perspective: Restorative Justice for Survivors of Human Trafficking
Support Human Trafficking Survivors in Los Angeles by Addressing the Needs of Youth Who are Labor Trafficked Through Forced Criminality
Problem: Many young individuals who fall victim to labor trafficking through forced criminal activities are not being effectively identified and provided with necessary support. The urgency for intervention cannot be emphasized enough, reflecting our steadfast commitment to safeguarding the futures of these vulnerable youth.
Goal: Los Angeles County can address this issue with the same framework they used to addressed the needs of Commercial Sexual Exploited of Children (CSEC). Since 2012, the Los Angeles County Board of Supervisors’ has created a framework to address the needs of this vulnerable population in Los Angeles. Its work has supported increased training, education and collaborative taskforces around this issue. Further, it has provided additional support and specialized programs for CSEC youth through, housing, safe youth zones, victim witness testimony, and parent services. LA County must take the same steps for all youth forced to commit crimes by their traffickers.
Impact: Ensure service provision to all child victims of human trafficking in Los Angeles.
Additional Information:
- Fact Sheet: Labor Trafficking of Youth by Forced Criminality
- White Paper: Identifying and Addressing the Needs of Youth Who are Labor Trafficked by FC
The report discusses how the child welfare system and other County and City agencies can do more to address the needs of labor trafficked youth, especially youth who are labor trafficked by forced criminality (LTFC). Disturbingly, many of our youth in Los Angeles County and City who are coerced into criminal activities, are often marginalized by our criminal justice system, perpetuating their victimization. As a remedy, it is paramount that youth apprehended for criminal offenses in Los Angeles County undergo comprehensive screening for various forms of human trafficking, including labor trafficking by forced criminality.
LA City and County Motion Tracking
SJI is also monitoring other LA City and County proposals that seek to address human trafficking. For a list of motions and our position, you can view the summary here:
STATE POLICY PRIORITIES
2024 LEGISLATION/BUDGET REQUESTS
Prevent Trafficking by Improving Regulation of Foreign Labor Recruiters
Problem: Migrant workers who enter the U.S. on temporary work visas are often exploited and trapped in abusive labor conditions due to illegal and dishonest recruitment tactics used by Foreign Labor Recruiters (FLR) in their home country.
Goal: To create transparency and clarify existing law to ensure that temporary visa holder working in California are protected by the statutory framework for Foreign Labor Recruiters (FLR) enacted in 2014 under SB-477.
Impact: Due to misinterpretation, current law under SB-477 only regulates H-2B visas, or 5% of temporary migrant workers who come to the state every year. The same framework and infrastructure that was adopted for H-2B workers can easily be expanded to protect all temporary visa workers, including thousands of foreign workers across the tech and agricultural industries.
Additional Information:
- Fact Sheet: Foreign Labor Contractors Registration
- Governor Newsom was Wrong to Veto a Bill to Protect 300,000 Migrant Workers
- Expanding California's Laws to Increase Protection for Temporary Guest Workers
Prevent Trafficking by Updating CA Government Procurement Policies
Problem: California's current policies do not protect against trafficking in supply chains.
Goal: Update existing statutory authority in California to be consistent with measures already required federally.
Impact: The legislation would ensure that all public contracts, including contracts issued in preparation for the World Cup (2026) and the Olympic Games (2028), are given to companies and organizations with ethical business practices. As the 5th largest economy in the world, California can impact trafficking in the state and across the globe by adopting more detailed preventive measures in each phase of the the public procurement process.
Additional Information:
- Fact Sheet: Prevent Human Trafficking Through Procurement Legislation
- Response to AB-964 Fiscal Analysis
Prevent Labor Trafficking by Ensuring that All Children are Identified by the Child Welfare System
Problem: Reports of child labor trafficking are exploding in California and all over the country, but the Child Welfare System remains ill-equipped to support all victims of human trafficking. Currently, California only recognizes sex trafficking as form of child abuse, failing to screen and identify children who are victims of labor trafficking.
Goal: The primary goal of this legislation would be to recognize labor trafficking as form of child abuse and, by extension, provide the same care and protection that is currently afforded to survivors of commercial sexual exploitation through the Commercial Sexual Exploitation of Children (CSEC) Program.
Impact: Ensure service provision to all child victims of human trafficking in California.
Additional Information:
Restorative Justice Budget Request for Human Trafficking Survivors - Pilot Program
Problem: Survivors of human trafficking often report feeling excluded, confused, and revictimized by the criminal justice process. Moreover, survivors believe that the system fails to provide adequate support toward their healing and recovery because of its current focus to punish the accused. Furthermore, the delays in the system have a significant impact on survivors, often putting their lives and healing on hold for years while they wait for their cases to be resolved in court.
Goal: Implement a Restorative Justice approach that centers the voices of survivors to repair the harm while helping those responsible for the crime understand the impact of their actions and regain a connection to the community.
Additional Information:
- Funding Proposal: California Restorative Justice Proposal for Human Trafficking
2024 CA BUDGET REQUESTS
California's investment in comprehensive preventive measures to address human trafficking is essential. Immediate investment should be considered in the following areas:
- Prevalence Study to understand the extent of human trafficking in California.
- Provide training and technical assistance to service providers and other first responders.
- Ongoing curriculum development focused on preventing and combating human trafficking in California Schools.
- Implement outreach program with the Department of Fair Employment & Housing (DEFH).
- A dedicated Labor Trafficking Unit with the Department of Industrial Relations.
- A pilot program for restorative justice for human trafficking survivors.
Additional Information:
- Funding Proposals:
California Implementation Request
Financial compensation is critical to recovery in the aftermath of human trafficking. Therefore, California must intensify its efforts to expand outreach and ensure that available resources are effectively distributed to survivors under AB 629, a critical piece of legislation that provides financial support to victims as result of lost wages due to trafficking. To increase outreach and ensure that human trafficking survivors can access income loss compensation through the California Victim Compensation Board (CalVCB) under AB 629, California can:
- Collaborate and strengthen partnerships with local organizations to ensure they are equipped to help survivors
- Increase specialized training for advocates, caseworkers, healthcare professionals and law enforcement to guide survivors in filing claims
- Expand outreach to vulnerable populations who may be less aware of their eligibility for compensation
- Simplify the application process to ensure that survivors can access benefits without feeling overwhelmed by the process
Additional Information
2023 LEGISLATION
AB-380 (Arambula) - California Labor Trafficking Prevention Act
Will protect California’s most vulnerable workers from being taken advantage of by unscrupulous individuals and businesses who force them to work under duress with little to no pay. This bill will provide the Department of Industrial Relations (DIR) with statutory authority to investigate and prosecute claims of human labor trafficking.
Additional Information:
- Fact Sheet: AB-380 CA Labor Trafficking Prevention Act
AB-964 (Ortega) - Preventing Human Trafficking by Updating Procurement Policies
Will enhance current protections against human trafficking in California’s procurement policies by requiring that any company that contracts with the State takes specified measures to prevent trafficking.
Additional Information:
2022 LEGISLATION
AB-1820 (Arambula) - California Labor Trafficking Prevention Act
Will protect California’s most vulnerable workers from being taken advantage of by unscrupulous individuals and businesses who force them to work under duress with little to no pay. This bill will provide the Department of Industrial Relations (DIR) with statutory authority to investigate and prosecute claims of human labor trafficking.
AB-2628 (Reyes) - Trafficked Children Assistance Program
Revises the Commercially Sexually Exploited Children Program (CSEC) to ensure both sex and labor trafficked children are identified, supported, and protected. Moreover, changes the CSEC program to the Trafficked Children Assistance Program (TCAP) in order to expand training and protocols to increase the effectiveness of identification. This bill would also authorize a child who was/is a victim of human trafficking to be adjudged a dependent of the court as well as prohibit a social worker from taking custody of a child in order to mirror existing law that applies to sexually trafficked children.
AB-2169 (Gipson) - Human Trafficking, Intimate Partner and Sexual Violence : Protections for Non-Citizen Survivor
Seeks to undo the harm that non-citizen, including undocumented victims of exploitation, experience when they are criminalized as a result of their abuse, ensuring that they are able to eliminate immigration consequences of a conviction or arrest vacated under these conditions.
Bill Tracking
SJI is also monitoring other proposals that seek to address human trafficking. For a list of these bills and our position, view report here.