Criminal Justice Data: Human Trafficking
August 10, 2022
Criminal Justice Data: Human Trafficking
Updated March 21, 2025
(R47211)
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Summary
Human traffickers exploit vulnerable individuals for commercial sex and forced labor in a variety Human traffickers exploit vulnerable individuals for commercial sex and forced labor in a variety
of legal and illegal industries, both across the United States and around the world. While some of legal and illegal industries, both across the United States and around the world. While some
Emily J. Hanson
estimates of the incidence of human trafficking exist, comprehensive data on human trafficking estimates of the incidence of human trafficking exist, comprehensive data on human trafficking
Analyst in Social Policy
within the United States are not available.within the United States are not available.
Kristin Finklea
Criminal Justice Data.
One method for understanding One method for understanding
the extent and nature of a particular type of crime, such as human a particular type of crime, such as human
Specialist in Domestic
trafficking, is to examine available criminal justice data. While some data exist at the state and trafficking, is to examine available criminal justice data. While some data exist at the state and
Security
federal levels, there are limitations to their utility.federal levels, there are limitations to their utility.
The Federal Bureau of Investigation (FBI) collects data from local, state, and federal The Federal Bureau of Investigation (FBI) collects data from local, state, and federal
law enforcement agencies on certain criminal offenses known to law enforcement law enforcement agencies on certain criminal offenses known to law enforcement
through its Uniform Crime Reporting (UCR) program. In 2013, the FBI began collecting certain human through its Uniform Crime Reporting (UCR) program. In 2013, the FBI began collecting certain human
trafficking data as part of this program, and agency participation in collecting these data has increased over trafficking data as part of this program, and agency participation in collecting these data has increased over
time. As of January 2021, the FBI retired its prior crime data reporting system, the Summary Reporting time. As of January 2021, the FBI retired its prior crime data reporting system, the Summary Reporting
System (SRS), in favor of the National Incident-Based Reporting System (NIBRS).System (SRS), in favor of the National Incident-Based Reporting System (NIBRS).
NIBRS collects more NIBRS collects more
detailed data about a larger number of crimes than the SRS, including information on the demographics of detailed data about a larger number of crimes than the SRS, including information on the demographics of
the victim and offender, the time and place of incidents, any associated weapons or drugs, the relationship the victim and offender, the time and place of incidents, any associated weapons or drugs, the relationship
between the victim and offender, and whether a computer was used to perpetrate the crime. These data may between the victim and offender, and whether a computer was used to perpetrate the crime. These data may
improve understanding of the nature of human trafficking. However, the FBI has indicated that the overall participation rates in NIBRS during 2021 were low, which will affect the resulting statistics that might aid in the understanding of the extent of human trafficking in the United States.
improve understanding of the extent and nature of human trafficking.
Investigations and prosecutions of human trafficking cases can provide another snapshot of human Investigations and prosecutions of human trafficking cases can provide another snapshot of human
trafficking. Most federal investigations of human trafficking are carried out by the FBI and U.S. trafficking. Most federal investigations of human trafficking are carried out by the FBI and U.S.
Immigration and Customs Enforcement, Homeland Security Investigations. Nonetheless, these data can Immigration and Customs Enforcement, Homeland Security Investigations. Nonetheless, these data can
only speak to the portion of human trafficking offenses that (1) fall under the jurisdiction of federal law only speak to the portion of human trafficking offenses that (1) fall under the jurisdiction of federal law
enforcement and (2) are officially investigated and potentially prosecuted at the federal level.enforcement and (2) are officially investigated and potentially prosecuted at the federal level.
Non-Criminal Justice Data.
In the absence of comprehensive criminal justice data on human trafficking, other sources of In the absence of comprehensive criminal justice data on human trafficking, other sources of
data, such as information from victim service providers or survey data, can be leveraged for additional insight.data, such as information from victim service providers or survey data, can be leveraged for additional insight.
The National Human Trafficking Hotline DataThe National Human Trafficking Hotline Data
.. This hotline collects data on reported, but unverified by law This hotline collects data on reported, but unverified by law
enforcement, instances of human trafficking across the United States. These reports are made by enforcement, instances of human trafficking across the United States. These reports are made by
individuals reporting victimization themselves, community members, and nongovernmental organizations, individuals reporting victimization themselves, community members, and nongovernmental organizations,
among others.among others.
Victim Services Data. A range of services may be available to certain victims of trafficking. Data on Victim Services Data. A range of services may be available to certain victims of trafficking. Data on
various forms of immigration relief, for example, can provide snapshots various forms of immigration relief, for example, can provide snapshots
intoof a subset of the noncitizen a subset of the noncitizen
victim population. Further, a number of federal agencies administer grants that fund organizations serving victim population. Further, a number of federal agencies administer grants that fund organizations serving
trafficking victims; data provided by grantees can offer insight into trafficking victims; data provided by grantees can offer insight into
the experiences of trafficking victims receiving federally trafficking victims receiving federally
funded services.funded services.
Survey and Study Data. The federal government and other entities conduct and fund Survey and Study Data. The federal government and other entities conduct and fund
severalad hoc studies that studies that
capture data on human trafficking, as either an express purpose or an included variable. These studies can capture data on human trafficking, as either an express purpose or an included variable. These studies can
also provide insight into trafficking victim experiences or victim estimates in certain locales.also provide insight into trafficking victim experiences or victim estimates in certain locales.
There are several domains in which Congress may consider actions to improve or expand data about human trafficking in the There are several domains in which Congress may consider actions to improve or expand data about human trafficking in the
United States. With respect to criminal justice data, policymakers may examine the collection of human trafficking data United States. With respect to criminal justice data, policymakers may examine the collection of human trafficking data
through the FBIthrough the FBI
’s UCR program and take steps to incentivize law enforcement participation in NIBRS's UCR program. They may also . They may also
direct consider data collection on trafficking victimization through surveys such as the National Crime Victimization Survey. In addition, data collection on trafficking victimization through surveys such as the National Crime Victimization Survey. In addition,
policymakers may consider requirements to enhance data collection by federal grantees serving trafficking victims and debate policymakers may consider requirements to enhance data collection by federal grantees serving trafficking victims and debate
options to enhance human trafficking awareness broadly so as to affect the many arenas in which human trafficking data may options to enhance human trafficking awareness broadly so as to affect the many arenas in which human trafficking data may
be made available.be made available.
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Contents
Conceptualizing Human Trafficking ............................................................................................... 1
Barriers to Measuring Human Trafficking ...................................................................................... 2
Sources of Human Trafficking Data ................................................................................................ 3
Criminal Justice Data ................................................................................................................ 3
Federal Bureau of Investigation Crime Data Collection ..................................................... 3
Federal Investigations and Prosecutions ............................................................................. 4
Limitations of Criminal Justice Data .................................................................................. 5
Non-Criminal Justice Data ........................................................................................................ 6
National Human Trafficking Hotline .................................................................................. 6
Victim Services Data........................................................................................................... 6
Survey and Study Data........................................................................................................ 9
Policy Considerations ..................................................................................................................... 11
Contacts
Author Information ........................................................................................................................ 13
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Criminal Justice Data: Human Trafficking
Human trafficking occurs across the United States and around the world. Traffickers uman trafficking occurs across the United States and around the world. Traffickers
exploit vulnerable individuals for commercial sex and forced labor in a variety of legal exploit vulnerable individuals for commercial sex and forced labor in a variety of legal
H and illegal industries. While some estimates exist, comprehensive data on the incidence and illegal industries. While some estimates exist, comprehensive data on the incidence
of human trafficking within the United States are not available. Some metrics suggest that more of human trafficking within the United States are not available. Some metrics suggest that more
foreign victims may be involved in labor trafficking than in sex trafficking, and that more U.S. foreign victims may be involved in labor trafficking than in sex trafficking, and that more U.S.
citizen victims may be involved in sex trafficking than labor trafficking.citizen victims may be involved in sex trafficking than labor trafficking.
11 In addition, the federal In addition, the federal
government prosecutes more individuals for sex trafficking than for labor trafficking offenses.government prosecutes more individuals for sex trafficking than for labor trafficking offenses.
2
2
For over two decades, Congress has been legislating to counter human trafficking in the United For over two decades, Congress has been legislating to counter human trafficking in the United
States. Through the Trafficking Victims Protection Act of 2000 (TVPA, Division A of P.L. 106-States. Through the Trafficking Victims Protection Act of 2000 (TVPA, Division A of P.L. 106-
386) and its subsequent reauthorizations, Congress has passed legislation aimed at preventing 386) and its subsequent reauthorizations, Congress has passed legislation aimed at preventing
human trafficking, strengthening criminal laws aimed at investigating and prosecuting traffickers, human trafficking, strengthening criminal laws aimed at investigating and prosecuting traffickers,
and providing protections and services for survivors.and providing protections and services for survivors.
33 Nonetheless, while Congress has taken Nonetheless, while Congress has taken
steps to bolster data collection on human trafficking, there remains a knowledge gap about its true steps to bolster data collection on human trafficking, there remains a knowledge gap about its true
prevalence.prevalence.
This report provides an overview of human trafficking and a discussion of the challenges This report provides an overview of human trafficking and a discussion of the challenges
involved in gathering data on its prevalence. It outlines existing human trafficking involved in gathering data on its prevalence. It outlines existing human trafficking
datasetsdata sources and and
their limitations, and highlights issues that policymakers may consider in debates about their limitations, and highlights issues that policymakers may consider in debates about
expanding data and building knowledge on the extent and nature of human trafficking.expanding data and building knowledge on the extent and nature of human trafficking.
Conceptualizing Human Trafficking
Human trafficking in the United States is broadly conceptualized in two categories: sex Human trafficking in the United States is broadly conceptualized in two categories: sex
trafficking and labor trafficking. Federal statutes do not formally define human trafficking or trafficking and labor trafficking. Federal statutes do not formally define human trafficking or
trafficking in persons. Rather, the TVPA defines trafficking in persons. Rather, the TVPA defines
severe forms of trafficking in persons as as
:
(A) sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, (A) sex trafficking in which a commercial sex act is induced by force, fraud, or coercion,
or in which the person induced to perform such act has not attained 18 years of age; oror in which the person induced to perform such act has not attained 18 years of age; or
(B) the recruitment, harboring, transportation, provision or obtaining of a person for labor (B) the recruitment, harboring, transportation, provision or obtaining of a person for labor
or services, through the use of force, fraud, or coercion for the purpose of subjection to or services, through the use of force, fraud, or coercion for the purpose of subjection to
involuntary servitude, peonage, debt bondage, or slavery.involuntary servitude, peonage, debt bondage, or slavery.
4
4
Under the TVPA, force, fraud, or coercion are necessary elements to establish trafficking of an Under the TVPA, force, fraud, or coercion are necessary elements to establish trafficking of an
adult victim, but are not necessary elements to establish sex trafficking of a victim under age 18. adult victim, but are not necessary elements to establish sex trafficking of a victim under age 18.
It is not necessary to prove that people have moved across jurisdictional boundaries to establish It is not necessary to prove that people have moved across jurisdictional boundaries to establish
that human trafficking has occurred. The term that human trafficking has occurred. The term
human trafficking is often used interchangeably is often used interchangeably
with with
human smuggling, but they are distinct. As the U.S. Department of Homeland Security , but they are distinct. As the U.S. Department of Homeland Security
(DHS) has noted, (DHS) has noted,
“[h]uman"human trafficking does not require crossing a border. Human trafficking trafficking does not require crossing a border. Human trafficking
victims have been exploited by their trafficker for commercial sex acts or labor. By contrast, victims have been exploited by their trafficker for commercial sex acts or labor. By contrast,
human smugglers engage in the crime of bringing people into the United States, or unlawfully human smugglers engage in the crime of bringing people into the United States, or unlawfully
1 U.S. Department of State, 2021 Trafficking in Persons Report: United States, https://www.state.gov/reports/2021-trafficking-in-persons-report/united-states/. This is based on individuals receiving trafficking victim services provided by the U.S. Department of Health and Human Services (HHS).
2 U.S. Department of State, 2021 Trafficking in Persons Report: United States, https://www.state.gov/reports/2021-trafficking-in-persons-report/united-states/.
3 White House, The National Action Plan to Combat Human Trafficking, December 2021. 4 22 U.S.C. §7102.
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transporting and harboring people already in the United States, in deliberate evasion of transporting and harboring people already in the United States, in deliberate evasion of
immigration law. In some situations, human smuggling may result in human trafficking.immigration law. In some situations, human smuggling may result in human trafficking.
”5 "5
Barriers to Measuring Human Trafficking
Collecting data on the true scope of human trafficking can be difficult for a number of reasons. Collecting data on the true scope of human trafficking can be difficult for a number of reasons.
An overarching issue is that human trafficking is an underground activity, which makes it difficult An overarching issue is that human trafficking is an underground activity, which makes it difficult
to detect and measure. As the Federal Bureau of Investigation (FBI) has noted, to detect and measure. As the Federal Bureau of Investigation (FBI) has noted,
“"due to the nature due to the nature
of human trafficking, many of these crimes are never reported to of human trafficking, many of these crimes are never reported to
law enforcement.”6the local, state, tribal, and federal law enforcement agencies that investigate them."6 Researchers Researchers
have identified various data collection challenges, including the following:have identified various data collection challenges, including the following:
7
7 Inconsistent Definitions. Across the United States, jurisdictions have different . Across the United States, jurisdictions have different
legal definitions related to trafficking, which vary based on legal definitions related to trafficking, which vary based on
“"who is defined as a who is defined as a
trafficker, what actions constitute trafficking, and the severity of the criminal and trafficker, what actions constitute trafficking, and the severity of the criminal and
financial penalties offenders will face.financial penalties offenders will face.
”8"8 The lack of a common definition of The lack of a common definition of
human trafficking used by all jurisdictions prevents precise measurement.human trafficking used by all jurisdictions prevents precise measurement.
Underground Actions. Perpetrators of trafficking intentionally conceal their . Perpetrators of trafficking intentionally conceal their
illicit activities—including from entities such as law enforcement agencies that illicit activities—including from entities such as law enforcement agencies that
the federal government relies on to measure the prevalence of trafficking. The the federal government relies on to measure the prevalence of trafficking. The
concealed nature of trafficking contributes to the inability to precisely measure its concealed nature of trafficking contributes to the inability to precisely measure its
prevalence.prevalence.
Lack of Awareness. Researchers have noted that officials and other points of . Researchers have noted that officials and other points of
contact might not properly identify human trafficking victims when they interact contact might not properly identify human trafficking victims when they interact
with them. This has been seen among law enforcement, health professionals,with them. This has been seen among law enforcement, health professionals,
99 and and
others. Even if officials and service providers do identify trafficking victims, they others. Even if officials and service providers do identify trafficking victims, they
may not record information in a way that may not record information in a way that
can be shared (and thus contributecontributes to to
public knowledge about the extent of human traffickingpublic knowledge about the extent of human trafficking
), or they may be , or they may be
prohibited from doing so based on data and privacy restrictions.prohibited from doing so based on data and privacy restrictions.
Realization of Victimization. Researchers have noted that victims of trafficking . Researchers have noted that victims of trafficking
often do not self-identify as such. This may be influenced by various factors often do not self-identify as such. This may be influenced by various factors
including victim including victim
grooming10grooming10 and lack of public awareness about the nature of and lack of public awareness about the nature of
trafficking, which can contribute to a lack of personal awareness among victims.
5 U.S. Department of Homeland Security (DHS), Department of Homeland Security Strategy to Combat Human
Trafficking, the Importation of Goods Produced with Forced Labor, and Child Sexual Exploitation, January 2020, p. 5. Congress has generally placed more legislative attention on countering human trafficking and providing services and support to victims than it has on countering human smuggling. As such, this section is more heavily focused on federal efforts to counter human trafficking. As noted previously, the federal definition of severe forms of trafficking in
persons is at 22 U.S.C. §7102. Human trafficking criminal violations are outlined in 18 U.S.C. Chapter 77. Alien smuggling violations are outlined at 8 U.S.C. §1324.
6 Federal Bureau of Investigation (FBI), Human Trafficking in the Uniform Crime Reporting (UCR) Program, 2013. 7 Amy Farrell and Ieke de Vries, “Measuring the nature and prevalence of human trafficking,” in The Palgrave
International Handbook of Human Trafficking, eds. J Winterdyk, J. Jones (2020).
8 National Conference of State Legislatures, Human Trafficking Overview, https://www.ncsl.org/research/civil-and-criminal-justice/human-trafficking.aspx.
9 For more information about awareness training for health professionals, see CRS Report R47100, Human Trafficking
Awareness Training for Health Care Professionals.
10 Victim grooming is a process of manipulation that involves a perpetrator targeting a victim, gaining their trust, meeting their needs, isolating them to create dependency, exploiting them, and maintaining control of them. For more information, see Polaris Project, Love and Trafficking: How Traffickers Groom & Control Their Victims, February 11, 2021.
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trafficking, which can contribute to a lack of personal awareness among victims. In these instances, victims may not self-report or confirm their victimization to In these instances, victims may not self-report or confirm their victimization to
law enforcement, service professionals, or researchers who may be law enforcement, service professionals, or researchers who may be
in a position to collectcollecting data on human trafficking. data on human trafficking.
Sources of Human Trafficking Data
While comprehensive data on human trafficking are not available, snapshots of data from various While comprehensive data on human trafficking are not available, snapshots of data from various
sources may be able to offer insight into its extent and nature. Further, these data snapshots sources may be able to offer insight into its extent and nature. Further, these data snapshots
provide insight from various perspectives, including from self-reports of victimization, from provide insight from various perspectives, including from self-reports of victimization, from
researchers administering surveys,researchers administering surveys,
and from various points in the criminal justice system. and from various points in the criminal justice system.
Notably, these snapshots may not be mutually exclusive, though the true extent to which they Notably, these snapshots may not be mutually exclusive, though the true extent to which they
overlap is unclear. For instance, individuals who report potential victimization to the National overlap is unclear. For instance, individuals who report potential victimization to the National
Human Trafficking Hotline may or may not also report this information directly to law Human Trafficking Hotline may or may not also report this information directly to law
enforcement, and their victimization may or may not also be captured by victim service providers enforcement, and their victimization may or may not also be captured by victim service providers
(VSPs) or in any number of research studies. The sections below provide examples of how certain (VSPs) or in any number of research studies. The sections below provide examples of how certain
segments of data can contribute to an understanding of human trafficking from various segments of data can contribute to an understanding of human trafficking from various
perspectives.perspectives.
Criminal Justice Data
Examining available criminal justice data is one way to understand the scope of a particular Examining available criminal justice data is one way to understand the scope of a particular
crime, such as human trafficking. While some data exist at the state and federal levels, there are crime, such as human trafficking. While some data exist at the state and federal levels, there are
some limitations to their utility, as outlined below.some limitations to their utility, as outlined below.
Federal Bureau of Investigation Crime Data Collection
The FBI collects The FBI collects
crime data on certain data on certain
criminal offenses known to law enforcement. Since 1930, the FBI offenses known to law enforcement. Since 1930, the FBI
has been collecting and reporting crime statistics through its Uniform Crime Reporting (UCR) has been collecting and reporting crime statistics through its Uniform Crime Reporting (UCR)
program.program.
1111 The FBI began collecting certain human trafficking data as part of the UCR program The FBI began collecting certain human trafficking data as part of the UCR program
in 2013.in 2013.
1212 The UCR Human Trafficking data collection program (UCR-HT) collects data on The UCR Human Trafficking data collection program (UCR-HT) collects data on
offenses known to the police, case clearances,offenses known to the police, case clearances,
1313 and arrests for two categories of human and arrests for two categories of human
trafficking: commercial sex acts and involuntary servitude.trafficking: commercial sex acts and involuntary servitude.
14 State reporting to the UCR program is voluntary, and the14 Law enforcement agency participation is voluntary and participating agencies submit their data through their state UCR program or directly to the FBI. The FBI reports that from 2013 (when the FBI began collecting human FBI reports that from 2013 (when the FBI began collecting human
trafficking data) to trafficking data) to
20202023 (the last year for which data are available), state participation in human (the last year for which data are available), state participation in human
trafficking data collection increased from 13 trafficking data collection increased from 13
states15 to 47 states and Puerto Rico.16 Increasing
11 The UCR program was initially comprised of the Summary Reporting System (SRS), but in the late 1980s the FBI allowed states to submit crime data through the National Incident-Based Reporting System (NIBRS). On January 1, 2021, the FBI retired the SRS program and only collects data using NIBRS.
12 The William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (P.L. 110-457) required the FBI to collect human trafficking offense data.
13 The UCR program defines case clearances as follows: “In the UCR Program, a law enforcement agency reports that an offense is cleared by arrest, or solved for crime reporting purposes, when three specific conditions have been met: Arrested, Charged with the commission of the offense, Turned over to the court for prosecution (whether following arrest, court summons, or police notice).” For more information, see https://ucr.fbi.gov/crime-in-the-u.s/2019/crime-in-the-u.s.-2019/topic-pages/clearances#.
14 U.S. Department of Justice (DOJ), Bureau of Justice Statistics (BJS), Human Trafficking Data-Collection Activities,
2021, October 2021, https://bjs.ojp.gov/content/pub/pdf/htdca21.pdf (hereinafter, “BJS Human Trafficking”).
15 DOJ, “Human Trafficking in the Uniform Crime Reporting (UCR) Program,” https://ucr.fbi.gov/human-trafficking. 16 FBI, 2020 Crime in the United States: Human Trafficking. Data for California and Kansas were submitted through
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states15 to all states, Puerto Rico, and Guam.16 Increasing participation rates at the state and jurisdictional levels should be taken into account to prevent participation rates at the state and jurisdictional levels should be taken into account to prevent
confusing an increase in reporting with an increase in the confusing an increase in reporting with an increase in the
ratefrequency of human trafficking. Further, the of human trafficking. Further, the
increase in participation to increase in participation to
47all 50 states should not be taken to indicate near complete UCR states should not be taken to indicate near complete UCR
trafficking trafficking
offense data, as the number of agencies reporting data within each state is variable.data, as the number of agencies reporting data within each state is variable.
As noted previously, states differ in their conceptualizations of human trafficking. As such, in As noted previously, states differ in their conceptualizations of human trafficking. As such, in
order to collect comparable data on human trafficking offenses across the country, the FBI order to collect comparable data on human trafficking offenses across the country, the FBI
requires states that report data to use the definitions of human trafficking as outlined in 22 U.S.C. requires states that report data to use the definitions of human trafficking as outlined in 22 U.S.C.
§7102 (see the §7102 (see the
"“Conceptualizing Human Trafficking” section above" section). Using these definitions, ). Using these definitions,
states reported states reported
2,0233,224 incidents of human trafficking in incidents of human trafficking in
20202023—of which —of which
1,6932,486 were commercial were commercial
sex acts, sex acts,
329751 were involuntary servitude, and were involuntary servitude, and
1 was unspecified.177 were unspecified.17 There were There were
393658 offenders offenders
arrested in association with these incidents, of which arrested in association with these incidents, of which
2662 were juveniles. were juveniles.
FBI UCR Transition to NIBRS Data
As of January 2021, the FBI retired its prior crime data reporting system, the Summary Reporting As of January 2021, the FBI retired its prior crime data reporting system, the Summary Reporting
System (SRS), in favor of the National Incident-Based Reporting System (NIBRS).System (SRS), in favor of the National Incident-Based Reporting System (NIBRS).
1818 NIBRS NIBRS
collects more detailed data about a larger number of crimes than SRS and thus is expected to collects more detailed data about a larger number of crimes than SRS and thus is expected to
improve the quality and utility of national crime data.improve the quality and utility of national crime data.
1919 NIBRS may also improve human NIBRS may also improve human
trafficking data by collecting information on the demographics of victims and offenderstrafficking data by collecting information on the demographics of victims and offenders
, associated individuals, the time , the time
and place of incidentsand place of incidents
, any associated weapons or drug use, the relationship between victims and offenders, and whether a computer was used to perpetuate the crime.20 However, and whether a weapon was present.20 After the transition to NIBRS, the FBI , the FBI
indicated that overall indicated that overall
NIBRS participation rates in participation rates in
NIBRS during 2021 were low and that this will2021 were low (they received NIBRS data from 9,881 [53%] of the 18,818 law enforcement agencies [LEAs] in the country) and that this would affect affect
the FBIthe FBI
’'s ability to generate certain types of statisticss ability to generate certain types of statistics
.21 The FBI has not made any remarks specific to the UCR-HT program, but lower NIBRS participation rates are likely to affect human-trafficking data. ; the number of LEAs submitting NIBRS data in 2023 was up to 14,039.21
Federal Investigations and Prosecutions
In addition to UCR offense and arrest data, information about federal investigations and In addition to UCR offense and arrest data, information about federal investigations and
prosecutions of human trafficking cases can provide another snapshot of human trafficking. prosecutions of human trafficking cases can provide another snapshot of human trafficking.
Nonetheless, these data can only speak to the portion of human trafficking offenses that (1) fall Nonetheless, these data can only speak to the portion of human trafficking offenses that (1) fall
under the jurisdiction of federal law enforcement and (2) are officially investigated and under the jurisdiction of federal law enforcement and (2) are officially investigated and
potentially prosecuted at the federal level. Most federal investigations of human trafficking are potentially prosecuted at the federal level. Most federal investigations of human trafficking are
conducted by the FBI and Immigration and Customs Enforcement (ICE) Homeland Security conducted by the FBI and Immigration and Customs Enforcement (ICE) Homeland Security
Investigations (HSI). The FBI investigated Investigations (HSI). The FBI investigated
663666 human trafficking cases and arrested human trafficking cases and arrested
121 145 individuals for trafficking violations in individuals for trafficking violations in
FY2020; ICEFY2023; ICE/HSI investigated 1,282 cases and arrested 2,610 individuals.22 investigated 947 cases and arrested 1,746
the Bureau of Indian Affairs.
17 FBI, 2020 Crime in the United States: Human Trafficking. 18 For more information, see CRS Report R46668, The National Incident-Based Reporting System (NIBRS): Benefits
and Issues.
19 For example, NIBRS collects more information about each incident, including the victim-offender relationship, the types of property damaged or stolen, and bias motivation (e.g., race, religion, sexual orientation, disability, gender, gender identity), among other things. NIBRS also allows for all crimes that occurred during a single incident to be reported, instead of following the SRS program’s hierarchy rule that required law enforcement agencies to report only the most serious offense if an incident included several crimes.
20 BJS Human Trafficking. 21 For 2021, the FBI has received NIBRS data from 9,881 (53%) of the 18,818 law enforcement agencies (LEAs) in the country. Because this falls short of the FBI’s 60% participation threshold, 2021 quarterly data were released for “individual city agencies with populations of 100,000 or greater” but not by region or aggregate population. For more information, see CRS Insight IN11936, NIBRS Participation Rates and Federal Crime Data Quality.
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individuals.22 These data only include those human trafficking cases that came to the attention of These data only include those human trafficking cases that came to the attention of
federal law enforcement, were within the FBIfederal law enforcement, were within the FBI
’'s or ICEs or ICE
’'s jurisdiction, and were able to receive s jurisdiction, and were able to receive
federal investigative resources. Even if law enforcement becomes aware of a potential crime, it federal investigative resources. Even if law enforcement becomes aware of a potential crime, it
may not have the resources to conduct an may not have the resources to conduct an
extensive and ongoing investigation. Competing priorities coupled with finite investigation. Competing priorities coupled with finite
resources can be limiting factors in law enforcementresources can be limiting factors in law enforcement
’'s ability to investigate any potential crime.s ability to investigate any potential crime.
23
23
The U.S. Department of Justice (DOJ), through various components, prosecutes federal human The U.S. Department of Justice (DOJ), through various components, prosecutes federal human
trafficking cases. In trafficking cases. In
FY2020FY2023, DOJ filed , DOJ filed
210181 cases against a suspected cases against a suspected
337258 human traffickers, of human traffickers, of
whom whom
308239 were suspected of predominantly engaging in sex trafficking and were suspected of predominantly engaging in sex trafficking and
2919 were suspected of were suspected of
predominantly engaging in labor trafficking. DOJ secured convictions against predominantly engaging in labor trafficking. DOJ secured convictions against
309289 human human
traffickers in traffickers in
FY2020.24 FY2023.24
Limitations of Criminal Justice Data
Criminal justice data serve an important role in understanding the extent and nature of crime; Criminal justice data serve an important role in understanding the extent and nature of crime;
however, these data have limitations. As noted previously, these data only reflect those incidents however, these data have limitations. As noted previously, these data only reflect those incidents
that come to the attention of law enforcement.that come to the attention of law enforcement.
2525 This is a limitation of criminal justice data This is a limitation of criminal justice data
generally, but it is further exacerbated with offenses that are less likely to be reported to law generally, but it is further exacerbated with offenses that are less likely to be reported to law
enforcement.enforcement.
2626 Human trafficking sits at the intersection of several issues that are associated with Human trafficking sits at the intersection of several issues that are associated with
a lower likelihood of reporting to law enforcement, including, among other things, sexual a lower likelihood of reporting to law enforcement, including, among other things, sexual
offenses, offenses,
victim trauma, and immigration.trauma, and immigration.
27
27
In addition, aggregated measures of crime are affected by participation rates among individual In addition, aggregated measures of crime are affected by participation rates among individual
law enforcement agencies.law enforcement agencies.
2828 National and state crime statistics become more accurate and reliable National and state crime statistics become more accurate and reliable
as more law enforcement agencies report data to as more law enforcement agencies report data to
programs like UCR. Data quality concerns may UCR. Data quality concerns may
arise both from low rates of overall participation and if participation drops in certain types of law arise both from low rates of overall participation and if participation drops in certain types of law
enforcement agencies. For example, if agencies from non-metropolitan or rural areas participate enforcement agencies. For example, if agencies from non-metropolitan or rural areas participate
in programs like NIBRS at a lower rate than agencies from more populous areas, then the data in programs like NIBRS at a lower rate than agencies from more populous areas, then the data
may not sufficiently capture regional variability in crimes like human trafficking.may not sufficiently capture regional variability in crimes like human trafficking.
This is directly connected to a third limitation of criminal justice data: administrative resource This is directly connected to a third limitation of criminal justice data: administrative resource
shortages. The ability of law enforcement agencies to participate in criminal justice data shortages. The ability of law enforcement agencies to participate in criminal justice data
programs, like NIBRS, programs, like NIBRS,
ismay be tied to their ability to direct financial and technical resources toward tied to their ability to direct financial and technical resources toward
these ends.
22 DOJ, Attorney General’s Annual Report to Congress on U.S. Government Activities to Combat Trafficking in
Persons: Fiscal Year 2020, March 2022.
23 For a discussion of police discretion, see, for example, DOJ, National Institute of Justice, ‘Broken Windows’ and
Police Discretion, October 1999.
24 DOJ, Attorney General’s Annual Report to Congress on U.S. Government Activities to Combat Trafficking in
Persons: Fiscal Year 2020, March 2022.
25 Further, data on incidents that come to the attention of law enforcement cannot inform on whether or how these cases may flow through the criminal justice system, including formal investigations, prosecutions, or sentencing and corrections.
26 M Xie and EP Baumer, “Crime victims’ decisions to call the police: Past research and new directions,” Annual
Review of Criminology, vol. 2, no. 1 (2019) (hereinafter, “Xie and Baumer, Crime victims’ decisions to call the police”). 27 Xie and Baumer, Crime victims’ decisions to call the police; and Pew Research Center, “What the data says (and doesn’t say) about crime in the United States: Which crimes are most likely to be reported to police, and which are most likely to be solved?”, November 20, 2020.
28 For more information, see CRS Insight IN11936, NIBRS Participation Rates and Federal Crime Data Quality.
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Non-Criminal Justice Data
these ends.
Non-Criminal Justice Data
Criminal justice data on human trafficking—whether at the federal, state, or local level—captures Criminal justice data on human trafficking—whether at the federal, state, or local level—captures
just a portion, albeit unknown, of the universe of human trafficking crimes. In the absence of just a portion, albeit unknown, of the universe of human trafficking crimes. In the absence of
comprehensive criminal justice data on human trafficking, other sources of data, such as comprehensive criminal justice data on human trafficking, other sources of data, such as
information from VSPs or survey data, can be leveraged for additional insight into these crimes.information from VSPs or survey data, can be leveraged for additional insight into these crimes.
National Human Trafficking Hotline
The National Human Trafficking Hotline, funded by the U.S. Department of Health and Human The National Human Trafficking Hotline, funded by the U.S. Department of Health and Human
Services (HHS) and operated by the Polaris Project, collects data on potential instances of human Services (HHS) and operated by the Polaris Project, collects data on potential instances of human
trafficking across the United States.trafficking across the United States.
2929 These reports are made by individuals reporting their These reports are made by individuals reporting their
victimization, community members, and nongovernmental organizations, among others. Reports, victimization, community members, and nongovernmental organizations, among others. Reports,
or signals, to the hotline come through various means—calls, texts, emails, online chats with or signals, to the hotline come through various means—calls, texts, emails, online chats with
hotline staff, and tip reports using a standardized online form. The hotline reviews the substantial hotline staff, and tip reports using a standardized online form. The hotline reviews the substantial
signals it receives for evidence of potential human trafficking. In signals it receives for evidence of potential human trafficking. In
20202023, the hotline received , the hotline received
information on information on
10,5839,619 potential potential
instancescases of human trafficking of human trafficking
, involving 16,999 suspected victims. Of these, about . Of these, about
7258% were % were
categorized as sex trafficking, about categorized as sex trafficking, about
1016% as labor trafficking, about % as labor trafficking, about
311% as both sex and labor % as both sex and labor
trafficking, and about 15% as unspecified.trafficking, and about 15% as unspecified.
Several factors limit the scope of these data. For instance, hotline data are on reported, but not Several factors limit the scope of these data. For instance, hotline data are on reported, but not
verified, incidents of human trafficking. They are limited to instances in which an individual verified, incidents of human trafficking. They are limited to instances in which an individual
reports their own victimization or suspects human trafficking of others and reports it to the reports their own victimization or suspects human trafficking of others and reports it to the
hotline.hotline.
Victim Services Data
Immigration Relief
Trafficking victims include both U.S. citizens and noncitizens, and under federal law there are Trafficking victims include both U.S. citizens and noncitizens, and under federal law there are
certain protections from removal that are sometimes available to eligible noncitizen victims of certain protections from removal that are sometimes available to eligible noncitizen victims of
trafficking. Just as comprehensive data on the prevalence of human trafficking in the United trafficking. Just as comprehensive data on the prevalence of human trafficking in the United
States is unknown, the number of noncitizen victims—and moreso the number of victims who States is unknown, the number of noncitizen victims—and moreso the number of victims who
may be eligible for immigration relief—is also unknown in part because not all human trafficking may be eligible for immigration relief—is also unknown in part because not all human trafficking
victims avail themselves of the protections available to them.victims avail themselves of the protections available to them.
3030
T nonimmigrant status. Noncitizen victims of trafficking are potentially eligible for T . Noncitizen victims of trafficking are potentially eligible for T
nonimmigrant status, which protects them from removal and provides a path to permanent nonimmigrant status, which protects them from removal and provides a path to permanent
residency. There are a number of conditions residency. There are a number of conditions
on qualifyingthat must be met to qualify for T status, which may affect the for T status, which may affect the
number of applications by trafficking victims.number of applications by trafficking victims.
3131 From a data standpoint, these limited applications bound what can be learned from these data about the scope of noncitizen trafficking. In FY2024, 15,332 From a data standpoint, these limited applications
29 See National Human Trafficking Hotline, Hotline Statistics, at https://humantraffickinghotline.org/states. The data tracked by the hotline only include those reports the hotline receives, and thus represent an unknown subset of total human trafficking cases in the United States.
30 For more information on immigration relief available for trafficking victims, see CRS Report R46584, Immigration
Relief for Victims of Trafficking.
31 Ibid. To qualify, a noncitizen must (1) demonstrate that he/she is a victim of a severe form of trafficking in persons; (2) be physically present in the United States, American Samoa, or the Commonwealth of the Northern Mariana Islands, or at a U.S. port of entry because of such trafficking, or be admitted to the United States to participate in investigative or judicial processes associated with such trafficking; (3) have complied with any reasonable request for assistance to law enforcement in the investigation or prosecution of acts of trafficking unless unable to do so due to physical or psychological trauma, or being under age 18; and (4) be likely to suffer extreme hardship involving unusual
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bound what can be learned from these data about the scope of noncitizen trafficking. In FY2021, 1,702 trafficking victims submitted applications for T nonimmigrant status, and U.S. Citizenship trafficking victims submitted applications for T nonimmigrant status, and U.S. Citizenship
and Immigration Services (USCIS) approved and Immigration Services (USCIS) approved
8293,786 of these applications. of these applications.
3232
U nonimmigrant status. U nonimmigrant status is available to certain noncitizen victims of . U nonimmigrant status is available to certain noncitizen victims of
qualifying qualifying
crimes33crimes33—including human trafficking—and may be available to trafficking victims —including human trafficking—and may be available to trafficking victims
who do not qualify for T status. U status also provides a path to permanent residency. Like T who do not qualify for T status. U status also provides a path to permanent residency. Like T
status, there are various conditions on eligibility, which may affect the number of applications by status, there are various conditions on eligibility, which may affect the number of applications by
trafficking victims,trafficking victims,
3434 and in turn bound what can be learned from these data about the scope of and in turn bound what can be learned from these data about the scope of
noncitizen trafficking. In addition, publicly available USCIS data on noncitizen trafficking. In addition, publicly available USCIS data on
thethose who applied for U status do not delineate U status do not delineate
the type of victimization; as such, it cannot be determined what portion of U status applications the type of victimization; as such, it cannot be determined what portion of U status applications
may be affiliated with trafficking victims. In may be affiliated with trafficking victims. In
FY2021FY2024, USCIS received , USCIS received
21,87441,558 applications for U applications for U
nonimmigrant status and approved 10,nonimmigrant status and approved 10,
003000 of these applications. of these applications.
3535
Continued presence..
3636 Trafficking victims may be eligible for continued presence, which is not Trafficking victims may be eligible for continued presence, which is not
an immigration status but can offer protection from removal, among other benefits. Federal law an immigration status but can offer protection from removal, among other benefits. Federal law
enforcement officials who encounter an individual who enforcement officials who encounter an individual who
“"is a victim of a severe form of is a victim of a severe form of
trafficking and may be a potential witness to such traffickingtrafficking and may be a potential witness to such trafficking
”" may request that DHS allow the may request that DHS allow the
noncitizen victim to remain in the United States.noncitizen victim to remain in the United States.
3737 The TVPA gave the Secretary of Homeland The TVPA gave the Secretary of Homeland
Security the authority to grant continued presence for trafficking victims, and the law also Security the authority to grant continued presence for trafficking victims, and the law also
prescribed circumstances under which it can be utilized.prescribed circumstances under which it can be utilized.
3838 As outlined for T and U status, As outlined for T and U status,
conditions regarding when continued presence can be granted may limit the number of trafficking conditions regarding when continued presence can be granted may limit the number of trafficking
victims given this form of relief. In victims given this form of relief. In
FY2020FY2023, ICE granted , ICE granted
117269 requests for continued presence and requests for continued presence and
issued issued
56113 extensions for requests that were previously granted.39
extensions for requests that were previously granted.39
and severe harm upon removal. To receive T status, the alien must also be admissible to the United States or obtain a waiver of inadmissibility.
32 DHS, USCIS, Number of Form I-914, Application for T Nonimmigrant Status by Fiscal Year, Quarter, and Case
Status: Fiscal Years 2008 – 2022.
33 Qualifying criminal activity refers to one or more of the following or any similar activity in violation of federal or state criminal law: rape; torture; trafficking; incest; domestic violence; sexual assault; abusive sexual contact; prostitution; sexual exploitation; female genital mutilation; being held hostage; peonage; involuntary servitude; slave trade; kidnapping; abduction; unlawful criminal restraint; false imprisonment; blackmail; extortion; manslaughter, murder; felonious assault; witness tampering; obstruction of justice; perjury; or attempt, conspiracy, or solicitation to commit any of the above mentioned crimes. For other examples of qualifying crimes, see DHS, U and T Visa Law
Enforcement Resource Guide, p. 7, at https://www.dhs.gov/sites/default/files/publications/U-and-T-Visa-Law-Enforcement-Resource%20Guide_1.4.16.pdf.
34 A victim must demonstrate that he/she suffered substantial physical or mental abuse as a result of having been a victim of qualifying criminal activities; that, as certified by a law enforcement or immigration official, he/she (or if the noncitizen victim is a child under age 16, the child’s parent, guardian, or friend) possesses information about the criminal activity involved; that he/she has been, is being, or is likely to be helpful in the investigation and prosecution of the criminal activity by federal, state, or local law enforcement authorities; and that the criminal activity violated the laws of the United States or occurred in the United States.
35 DHS, USCIS, Number of Form I-918, Petitions for U Nonimmigrant Status by Fiscal Year, Quarter, and Case
Status: Fiscal Years 2009 – 2022.
36 Continued presence refers to the Secretary of Homeland Security’s discretionary authority to use a variety of statutory and administrative mechanisms to ensure a noncitizen’s continued presence in the United States. 37 22 U.S.C. §7105(c)(3)(A)(i). 38 22 U.S.C. §7105(c)(3). 39 DOJ, Attorney General’s Annual Report to Congress on U.S. Government Activities to Combat Trafficking in
Persons: Fiscal Year 2020, March 2022. These are the most recent publicly available data.
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Looking at the set of trafficking victims who have been granted immigration relief provides a Looking at the set of trafficking victims who have been granted immigration relief provides a
window into the noncitizen population of trafficking victims in the United States. However, it window into the noncitizen population of trafficking victims in the United States. However, it
represents only a subset of this population. It does not capture, for instance, victims who for any represents only a subset of this population. It does not capture, for instance, victims who for any
number of reasons have not come to the attention of officialsnumber of reasons have not come to the attention of officials
, or who do not apply for immigration who do not apply for immigration
relief, or who apply for immigration relief but are denied. relief.
Grants for Trafficking Victim Services
The TVPA authorizes DOJ and HHS to provide grants for trafficking victim services.The TVPA authorizes DOJ and HHS to provide grants for trafficking victim services.
4040 Data on Data on
victims served by organizations that receive grants under these departmentsvictims served by organizations that receive grants under these departments
’' programs provide a programs provide a
snapshot of the portion of trafficking victims in the United States who receive services from DOJ snapshot of the portion of trafficking victims in the United States who receive services from DOJ
and HHS grantees. While these data and HHS grantees. While these data
domay not represent the broader population of trafficking victims not represent the broader population of trafficking victims
or even those receiving services from providers not funded through these programs, they help or even those receiving services from providers not funded through these programs, they help
provide some insight into federally funded efforts to protect and serve survivors.provide some insight into federally funded efforts to protect and serve survivors.
DOJ Grants for Trafficking Victim Services. DOJ, through the Office for Victims of Crime . DOJ, through the Office for Victims of Crime
(OVC), administers grants that can be used for a range of services for trafficking victims, (OVC), administers grants that can be used for a range of services for trafficking victims,
including efforts to expand or strengthen victim services programs, law enforcement task forces, including efforts to expand or strengthen victim services programs, law enforcement task forces,
VSPs taking a multidisciplinary approach to countering trafficking, and transitional housing VSPs taking a multidisciplinary approach to countering trafficking, and transitional housing
assistance, among others.assistance, among others.
4141 DOJ notes that in FY2023, there were 249 OVC human trafficking grantees serving victims. These grantees served an average of 7,755 clients DOJ notes that from July 2019 through June 2020, there were 227 grantees that served 9,854 individuals—both confirmed trafficking victims and individuals who —both confirmed trafficking victims and individuals who
showed strong indicators of trafficking victimizationshowed strong indicators of trafficking victimization
. Of those individuals served, 5,968—each quarter. Of the clients served that year, 10,915 were were
new victims served that year and 3,886 were existing victims served.42 new clients served under the grant for the first time.42
HHS Grants for Trafficking Victim Services. HHS, through the Office on Trafficking in . HHS, through the Office on Trafficking in
Persons (OTIP), funds grantees who provide case management and support services for foreign Persons (OTIP), funds grantees who provide case management and support services for foreign
national and domestic (i.e., lawful permanent resident and U.S. citizen) trafficking victims. national and domestic (i.e., lawful permanent resident and U.S. citizen) trafficking victims.
Services can include housing, mental health counseling, medical care, and legal support, among Services can include housing, mental health counseling, medical care, and legal support, among
others.others.
43 In FY2020, HHS funded one grantee (the U.S. Committee for Refugees and Immigrants) to provide43 In FY2023, HHS-funded grantees provided case management services for case management services for
1,573 foreign national victims foreign national victims
, and this grantee served 1,457 victims. HHS also funded 11 grantees that served 884 and 744 domestic victims of human trafficking. domestic victims of human trafficking.
44 44
Other Grants for Victim Services
Several other federal grant programs allow grantees to aid human trafficking victims as part of Several other federal grant programs allow grantees to aid human trafficking victims as part of
larger victims service programs. However, the reporting requirements for these grants vary, and larger victims service programs. However, the reporting requirements for these grants vary, and
data on trafficking victims served by these grantees may not be available. For example, the 2013 data on trafficking victims served by these grantees may not be available. For example, the 2013
Violence Against Women Act (VAWA) reauthorization (P.L. 113-4) stated that victim services and Violence Against Women Act (VAWA) reauthorization (P.L. 113-4) stated that victim services and
legal assistance programs authorized under VAWA are available to victims of domestic violence, legal assistance programs authorized under VAWA are available to victims of domestic violence,
dating violence, sexual assault, or stalking who are also victims human trafficking. The 2013 dating violence, sexual assault, or stalking who are also victims human trafficking. The 2013
reauthorization also amended the program areas of several grants to include services for
40 22 U.S.C. §7105(b)(2). 41 For detailed information on these programs, see DOJ, OVC, Human Trafficking: Grants & Funding, https://ovc.ojp.gov/program/human-trafficking/grants-funding.
42 DOJ, OVC, Human Trafficking: OVC Efforts, https://ovc.ojp.gov/program/human-trafficking/ovc-efforts; and DOJ, Attorney General’s Annual Report to Congress on U.S. Government Activities to Combat Trafficking in Persons: Fiscal Year 2020, March 2022. These are the most recent publicly available data.
43 For more information on the programs that support foreign national and domestic victims, see HHS, OTIP, Victim
Assistance Grants, https://www.acf.hhs.gov/otip/victim-assistance/victim-assistance-grants.
44 DOJ, Attorney General’s Annual Report to Congress on U.S. Government Activities to Combat Trafficking in
Persons: Fiscal Year 2020, March 2022. These are the most recent publicly available data.
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reauthorization also amended the program areas of several grants to include services for trafficking victims. Many VAWA grantees submit data on the types of victims served (e.g., trafficking victims. Many VAWA grantees submit data on the types of victims served (e.g.,
domestic violence, sexual assault, stalking victims) and the services provided; however, the data domestic violence, sexual assault, stalking victims) and the services provided; however, the data
do not presently include specific information on trafficking victims. Similarly, DOJdo not presently include specific information on trafficking victims. Similarly, DOJ
’'s Office on s Office on
Juvenile Justice and Delinquency Prevention (OJJDP) has funded programs aimed at victims of Juvenile Justice and Delinquency Prevention (OJJDP) has funded programs aimed at victims of
child exploitation and human trafficking; however, beyond data on how many grants were funded child exploitation and human trafficking; however, beyond data on how many grants were funded
and at what amounts, there is little public information on victims served.and at what amounts, there is little public information on victims served.
Survey and Study Data
Surveys conducted by the federal government and other researchers can provide additional Surveys conducted by the federal government and other researchers can provide additional
perspectives from which to examine the nature and extent of human trafficking. These surveys perspectives from which to examine the nature and extent of human trafficking. These surveys
can be useful in capturing snapshots of data from certain can be useful in capturing snapshots of data from certain
anglesperspectives, including various segments of , including various segments of
the criminal justice system (e.g., corrections, arrests, prosecution), among certain communities, the criminal justice system (e.g., corrections, arrests, prosecution), among certain communities,
and at specific points in time. However, like the other data discussed in this report, they do not and at specific points in time. However, like the other data discussed in this report, they do not
represent the totality of human trafficking.represent the totality of human trafficking.
Government Surveys and Studies
The federal government conducts and funds several studies across agencies that capture data on The federal government conducts and funds several studies across agencies that capture data on
human trafficking, as either an express purpose or an included variable.human trafficking, as either an express purpose or an included variable.
4545 For example, in 2016 For example, in 2016
OJJDP funded a national study by the Center for Court Innovation called OJJDP funded a national study by the Center for Court Innovation called
“"Youth Involvement in Youth Involvement in
the Sex Trade.the Sex Trade.
”46"46 Several studies that include data about human trafficking are conducted by or in Several studies that include data about human trafficking are conducted by or in
partnership with the Bureau of Justice Statistics (BJS) and the National Institute of Justice (NIJ). partnership with the Bureau of Justice Statistics (BJS) and the National Institute of Justice (NIJ).
For instance, NIJ funded a 2016 study about the involvement of organized crime in human For instance, NIJ funded a 2016 study about the involvement of organized crime in human
trafficking in the United States.trafficking in the United States.
4747 Studies funded or conducted by these agencies and their Studies funded or conducted by these agencies and their
partners might be one-time efforts or they might collect data at regular intervals. For example, partners might be one-time efforts or they might collect data at regular intervals. For example,
BJS developed the Human Trafficking Reporting System (HTRS) in 2007 and collected data from BJS developed the Human Trafficking Reporting System (HTRS) in 2007 and collected data from
38 human trafficking task forces in 2007 and 2008; however, this data collection was not 38 human trafficking task forces in 2007 and 2008; however, this data collection was not
repeated.repeated.
4848 BJS also conducts the Census of Tribal Law Enforcement Agencies (CTLEA), which BJS also conducts the Census of Tribal Law Enforcement Agencies (CTLEA), which
is a recurring survey that includes data on arrests for human trafficking made by tribal law is a recurring survey that includes data on arrests for human trafficking made by tribal law
enforcement agencies.enforcement agencies.
49
49
BJS has highlighted some of their surveys that capture data about human trafficking, including BJS has highlighted some of their surveys that capture data about human trafficking, including
the National Survey of Victim Service Providers (NSVSP), the Survey of State Attorneys General the National Survey of Victim Service Providers (NSVSP), the Survey of State Attorneys General
Offices–Human Trafficking (SSAGO-HT), the Federal Justice Statistics Program (FJSP), the Offices–Human Trafficking (SSAGO-HT), the Federal Justice Statistics Program (FJSP), the
National Corrections Reporting Program (NCRP), and Criminal Cases in State Courts (CCSC).National Corrections Reporting Program (NCRP), and Criminal Cases in State Courts (CCSC).
National Survey of Victim Service Providers. To supplement information on federal grants to To supplement information on federal grants to
service providers that serve trafficking victims exclusively or as part of their larger victim
45 For a chart of government funded research of human trafficking, see https://www.state.gov/human-trafficking-research-chart-of-u-s-government-funded-research/.
46 DOJ, OJJDP, “Youth Involvement in the Sex Trade: A National Study,” March 2016, https://ojjdp.ojp.gov/library/publications/youth-involvement-sex-trade-national-study.
47 DOJ, NIJ, “An Empirical Analysis of the Intersection of Organized Crime and Human Trafficking in the United States,” 2017, https://nij.ojp.gov/library/publications/empirical-analysis-intersection-organized-crime-and-human-trafficking-united.
48 DOJ, BJS, HTRS, https://bjs.ojp.gov/data-collection/human-trafficking-reporting-system-htrs#:~:text=The%20Human%20Trafficking%20Reporting%20System,by%20the%20Department%20of%20Justice.
49 BJS Human Trafficking; for the most recent survey information, see https://bjs.ojp.gov/funding/opportunities/o-bjs-2022-171271.
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populations, BJS’service providers that serve trafficking victims exclusively or as part of their larger victim populations, BJS's NSVSP can provide insight into the breadth of victims, including trafficking s NSVSP can provide insight into the breadth of victims, including trafficking
victims, that are served by state, local, and nonprofit victim service programs. The 2019 NSVSP victims, that are served by state, local, and nonprofit victim service programs. The 2019 NSVSP
included questions regarding how many sex trafficking and labor trafficking victims received included questions regarding how many sex trafficking and labor trafficking victims received
services from VSPs along with certain demographic characteristics of the victims. While some services from VSPs along with certain demographic characteristics of the victims. While some
VSPs provided data on the actual or estimated number of trafficking victims served, others did VSPs provided data on the actual or estimated number of trafficking victims served, others did
not.not.
5050 Nonetheless, in future iterations of this survey, these data could help supplement Nonetheless, in future iterations of this survey, these data could help supplement
public knowledgeother sources of information about trafficking victims who are receiving services across the country. about trafficking victims who are receiving services across the country.
Survey of StateState Attorneys General Offices. BJS BJS
conductshas twice conducted a survey of state attorneys general a survey of state attorneys general
offices’offices' roles in handling certain types of offenses. roles in handling certain types of offenses.
5151 The 2018 survey The 2018 survey
, which is the most recent, focused on human focused on human
trafficking, and included data from 43 states, the District of Columbia, and three territories trafficking, and included data from 43 states, the District of Columbia, and three territories
(American Samoa, Guam, and the Northern Mariana Islands).(American Samoa, Guam, and the Northern Mariana Islands).
5252 The survey collected information The survey collected information
on relevant laws determining the respondentson relevant laws determining the respondents
’' civil and criminal jurisdiction over human civil and criminal jurisdiction over human
trafficking, charging practices, how cases are commonly referred to state attorneys general (e.g., trafficking, charging practices, how cases are commonly referred to state attorneys general (e.g.,
referred from state and local law enforcement), case outcomes, and characteristics of offenders referred from state and local law enforcement), case outcomes, and characteristics of offenders
and victims.and victims.
5353 Unless BJS continues to highlight human trafficking, the SSAGO may focus on Unless BJS continues to highlight human trafficking, the SSAGO may focus on
other topic areas in future iterations.other topic areas in future iterations.
Federal JusticeJustice Statistics Program. FJSP has collected annual data on federal criminal cases FJSP has collected annual data on federal criminal cases
since 1979. These data may include since 1979. These data may include
“"the number of persons investigated, prosecuted, convicted, the number of persons investigated, prosecuted, convicted,
incarcerated, sentenced to probation, released pretrial, and under parole or other supervisionincarcerated, sentenced to probation, released pretrial, and under parole or other supervision
”" as as
well as well as
“"initial prosecution decisions, referrals to magistrates, court dispositions, sentencing initial prosecution decisions, referrals to magistrates, court dispositions, sentencing
outcomes, sentence length, and time served.outcomes, sentence length, and time served.
”54"54 Data for FJSP are collected from the U.S. Data for FJSP are collected from the U.S.
Marshals Service, Drug Enforcement Administration (DEA), Executive Office for U.S. Attorneys, Marshals Service, Drug Enforcement Administration (DEA), Executive Office for U.S. Attorneys,
Administrative Office of the U.S. Courts, U.S. Sentencing Commission, and Federal Bureau of Administrative Office of the U.S. Courts, U.S. Sentencing Commission, and Federal Bureau of
Prisons.Prisons.
5555 According to BJS, human trafficking data collected as a component of FJSP fall under According to BJS, human trafficking data collected as a component of FJSP fall under
three federal statutes: Peonage, slavery, and trafficking in persons, 18 U.S.C. §§1581-1595; three federal statutes: Peonage, slavery, and trafficking in persons, 18 U.S.C. §§1581-1595;
Production of child pornography, 18 U.S.C. §§2251-2251A; and Transportation for illegal sexual Production of child pornography, 18 U.S.C. §§2251-2251A; and Transportation for illegal sexual
activity and related crimes, 18 U.S.C. §§2422-2423.4.activity and related crimes, 18 U.S.C. §§2422-2423.4.
5656 These data have been used These data have been used
by BJS to publish to publish
reports specific to human trafficking.reports specific to human trafficking.
57 57
National CorrectionsCorrections Reporting Program. NCRP has collected annual offender-level data from NCRP has collected annual offender-level data from
state departments of corrections since 1983.state departments of corrections since 1983.
5858 These data include prison admissions and releases, These data include prison admissions and releases,
year-end custody populations, parole entries and discharges, demographic information, conviction year-end custody populations, parole entries and discharges, demographic information, conviction
offenses, sentence length, minimum time to be served, credited jail time, type of admission, type
50 DOJ, BJS, National Survey of Victim Service Providers (NSVSP), 2019. As part of the survey, VSPs were asked to provide the actual or estimated number of human trafficking and other victims served.
51 DOJ, BJS, Survey of State Attorneys General Offices (SSAGO), https://bjs.ojp.gov/data-collection/survey-state-attorneys-general-offices-ssago#methodology-0.
52 DOJ, BJS, Human-Trafficking Offenses Handled by State Attorneys General Offices, 2018, https://bjs.ojp.gov/library/publications/human-trafficking-offenses-handled-state-attorneys-general-offices-2018, (hereinafter, “Human-Trafficking Offenses Handled by State Attorneys General Offices”).
53 BJS Human Trafficking; Human-Trafficking Offenses Handled by State Attorneys General Offices. 54 DOJ, BJS, Federal Justice Statistics Program (FJSP), https://bjs.ojp.gov/data-collection/federal-justice-statistics-program-fjsp#publications-0, (hereinafter, “Federal Justice Statistics Program”).
55 Federal Justice Statistics Program. 56 BJS Human Trafficking. 57 See, for example, https://bjs.ojp.gov/library/publications/federal-prosecution-human-trafficking-cases-2015. 58 DOJ, BJS, National Corrections Reporting Program (NCRP), https://bjs.ojp.gov/data-collection/national-corrections-reporting-program-ncrp.
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of release, and time served. Relevant here is that this program collects data onoffenses, sentence length, minimum time to be served, credited jail time, type of admission, type of release, and time served. Included among these data is the number of the number of
individuals who are incarcerated in state prisons for a human trafficking offense.individuals who are incarcerated in state prisons for a human trafficking offense.
59 In 201959 In 2022, the , the
most recent year for which data are available, most recent year for which data are available,
3235 states reported on human trafficking-related states reported on human trafficking-related
offenses, and 1,offenses, and 1,
675939 people were serving sentences related to human trafficking. people were serving sentences related to human trafficking.
Criminal
Criminal Cases in State Courts. CCSC is a newer data collection program that collects case-CCSC is a newer data collection program that collects case-
level data from state courts.level data from state courts.
6060 Data collection began in 2018, but the 2018 sample size was Data collection began in 2018, but the 2018 sample size was
determined to be too small to generate national statistics about state court activities. The project is determined to be too small to generate national statistics about state court activities. The project is
ongoing but has yet to publish data or analyses. These data are to include information about ongoing but has yet to publish data or analyses. These data are to include information about
defendant demographics, defendantsdefendant demographics, defendants
’' legal representation, charges at the time of filing and legal representation, charges at the time of filing and
disposition, adjudication status, and sentencing.disposition, adjudication status, and sentencing.
6161 According to BJS, According to BJS,
“After the initial collection, after data collection and processing, "BJS will be able to assess the extent to which the CCSC can provide information on prosecutions, BJS will be able to assess the extent to which the CCSC can provide information on prosecutions,
convictions, and sentences imposed by state courts for humanconvictions, and sentences imposed by state courts for human
- trafficking offenses. BJS will also trafficking offenses. BJS will also
be able to examine the feasibility of identifying the non-trafficking criminal charges most commonly examine the feasibility of identifying the non-trafficking criminal charges most commonly
associated with human-trafficking cases.associated with human-trafficking cases.
This collection is ongoing, and data and analyses from this effort are forthcoming.”62
Academic Surveys and Studies
"62
Academic Studies
Academic studies Academic studies
and surveys can be valuable sources of data about human trafficking in the can be valuable sources of data about human trafficking in the
United States. Researchers have unique expertise in various domains of human trafficking that United States. Researchers have unique expertise in various domains of human trafficking that
may extend beyond the criminal justice and victim services data discussed above. Researchers are may extend beyond the criminal justice and victim services data discussed above. Researchers are
often able to utilize connections to communities, organizations, and individuals to gather data often able to utilize connections to communities, organizations, and individuals to gather data
about these experiences that lead to useful insights into human trafficking. For example, a 2016 about these experiences that lead to useful insights into human trafficking. For example, a 2016
study used interviews with individuals study used interviews with individuals
“"currently involved in the commercial sex industrycurrently involved in the commercial sex industry
”" and a and a
cross-sectional survey to determine possible risk factors for domestic child sex trafficking in the cross-sectional survey to determine possible risk factors for domestic child sex trafficking in the
United States.United States.
6363 Another 2016 study surveyed police, prosecutors, and court personnel and Another 2016 study surveyed police, prosecutors, and court personnel and
examined case records to gather data on what variables may influence the decision to prosecute examined case records to gather data on what variables may influence the decision to prosecute
human trafficking cases in state courts.human trafficking cases in state courts.
6464 A full review of the academic literature on human A full review of the academic literature on human
trafficking is beyond the scope of this report; however, this type of work serves an important role trafficking is beyond the scope of this report; however, this type of work serves an important role
in developing a comprehensive understanding of human trafficking and the community and in developing a comprehensive understanding of human trafficking and the community and
criminal justice response.criminal justice response.
Policy Considerations
There are several domains in which Congress may consider actions to improve or expand data There are several domains in which Congress may consider actions to improve or expand data
about human trafficking in the United States. First, with respect to criminal justice data, about human trafficking in the United States. First, with respect to criminal justice data,
policymakers may examine the collection of human trafficking data through the FBIpolicymakers may examine the collection of human trafficking data through the FBI
’'s UCR s UCR
program. As mentioned previously, one concern may be law enforcement’s low participation rates
59 BJS Human Trafficking. 60 DOJ, BJS, Criminal Cases in State Courts (continuation award), https://bjs.ojp.gov/funding/opportunities/bjs-2020-18653.
61 BJS Human Trafficking. 62 Ibid., p. 5. 63 Lisa Fedina, Celia Williamson, and Tasha Perdue, “Risk Factors for Domestic Child Sex Trafficking in the United States,” Journal of Interpersonal Violence, vol. 34, no. 13 (July 2019).
64 Amy Farrell, Monica J DeLateur, and Collen Owens et al., “The Prosecution of State-Level Human Trafficking Cases in the United States,” Anti-Trafficking Review, vol. 6 (May 2015).
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in NIBRS after the SRS program was retired.65 In a 2018 guidance document, the FBI estimated that it would take individual law enforcement agencies up to two years to transition from SRS to NIBRS.66 NIBRS is more complicated than SRS and the conversion may require financial and technical resources that LEAs are not able to access or spare. For example, an initial cost estimate for setting up NIBRS in Anderson, SC, a town with approximately 27,000 residents and 100 sworn police officers, ranged from $130,000 to $200,000.67 Federal grant funds have been made available to help agencies make the transition to NIBRS. From FY2018 to FY2021, BJA required Edward Byrne Memorial Justice Assistance Grant (JAG) recipients that were not certified as NIBRS-compliant to dedicate 3% of any JAG award toward that end. The Jabara-Heyer NO HATE Act (P.L. 117-13) also authorized grant funding to create state-run hate crime reporting hotlines and aid states or units of local government in implementing NIBRS. The FY2022 Commerce, Justice, Science, and Related Agencies Appropriations Act (P.L. 117-103) included $5 million for the Jabara-Heyer grants. However, given the FBI’s statements about the low participation rates affecting its ability to calculate national estimates,68 Congress may consider directing increased funds toward NIBRS adoption.
program. Law enforcement participation in NIBRS has been increasing following the transition from UCR's SRS collection to the NIBRS data collection. As participation increases, policymakers may examine not only the utility of the human trafficking data collection effort but also what can be gleaned about the intersection between human trafficking and other criminal activity. For instance, the FBI's UCR program published a special report discussing trends and comparisons between human trafficking and drug trafficking data around the country.65 Congress may examine whether additional UCR reports discussing human trafficking and specific crimes may be warranted and may question whether the more robust nature of NIBRS data can better help law enforcement, policymakers, and other officials track associations or changes in crime around the country.
One of the largest federally funded surveys to capture victimization data, the National Crime One of the largest federally funded surveys to capture victimization data, the National Crime
Victimization Survey (NCVS),Victimization Survey (NCVS),
6966 does not include questions about respondents does not include questions about respondents
’' experiences with experiences with
human trafficking.human trafficking.
7067 The NCVS is an annual survey, administered by BJS since 1973, of self- The NCVS is an annual survey, administered by BJS since 1973, of self-
reported victimizations. The NCVS surveys residents age 12 and older from a sample of reported victimizations. The NCVS surveys residents age 12 and older from a sample of
households about the scope and nature of any victimizations (i.e., frequency, characteristics, and households about the scope and nature of any victimizations (i.e., frequency, characteristics, and
consequences) they may have experienced. This interview-based methodology enables the NCVS consequences) they may have experienced. This interview-based methodology enables the NCVS
to include data on criminal victimizations both reported and unreported to law enforcement. to include data on criminal victimizations both reported and unreported to law enforcement.
Given the hesitancy of some communities and individuals to report their victimization to the Given the hesitancy of some communities and individuals to report their victimization to the
police, the NCVS may capture data that is missing from the UCR data, particularly for crimes like police, the NCVS may capture data that is missing from the UCR data, particularly for crimes like
human trafficking that may often involve immigration, victim concerns they may be prosecuted, human trafficking that may often involve immigration, victim concerns they may be prosecuted,
and trauma.and trauma.
7168 Thus, the NCVS may be a valuable data source in addition to criminal justice data Thus, the NCVS may be a valuable data source in addition to criminal justice data
collection like UCR when examining the totality of human trafficking in the United States. collection like UCR when examining the totality of human trafficking in the United States.
Congress may consider instructing BJS to add human trafficking questions to this survey. It is Congress may consider instructing BJS to add human trafficking questions to this survey. It is
common for surveys attempting to capture experiences with human trafficking not to explicitly common for surveys attempting to capture experiences with human trafficking not to explicitly
ask ask
“"Have you experienced human trafficking?Have you experienced human trafficking?
”" as participants may be hesitant to admit that they as participants may be hesitant to admit that they
have or may not understand the totality of experiences that could fall under this label.have or may not understand the totality of experiences that could fall under this label.
7269 Instead, surveys may ask about specific life experiences that are consistent with the legal definition of human trafficking to determine how many people in a given sample have these experiences.70 NCVS may employ a similar strategy to capture these data.
As noted, in addition to the trafficking-specific grant programs, there are a number of additional grant programs that may serve human trafficking victims; however, there is a lack of publicly available data about who these programs serve and how. These data may not only provide a clearer picture of how federal grants serve victims, but may also inform discussions about incident rates, co-occurring victimizations, the types of services needed, and resource shortages. As part of efforts to assess how well federal programs may be servicing victims, Congress may be interested in gathering additional information from these programs about the victims served—including trafficking victims.
Underlying the adequacy of data from various sources, criminal justice and otherwise, is the foundational issue of human trafficking awareness. Enhancing training for individuals across industry sectors—from criminal justice to medical professionals—to recognize and respond to human trafficking may improve not only the data available with respect to human trafficking victimization but also the services that can be made available to the survivors. A number of federal agencies engage in human trafficking awareness efforts,71 and policymakers could look to enhance these activities as part of broader efforts to improve data on human trafficking.
An earlier version of this report was co-authored with Emily Hanson, former CRS Analyst in Social Policy.
Footnotes
1.
|
U.S. Department of State, 2023 Trafficking in Persons Report: United States, https://www.state.gov/reports/2023-trafficking-in-persons-report/united-states/. This is based on individuals receiving trafficking victim services provided by the U.S. Department of Health and Human Services (HHS). The more recent report (2024) only provides the demographics of foreign national victims served.
2.
|
U.S. Department of State, 2024 Trafficking in Persons Report: United States, https://www.state.gov/reports/2024-trafficking-in-persons-report/united-states/.
|
3.
|
White House, The National Action Plan to Combat Human Trafficking, December 2021.
|
4.
|
22 U.S.C. §7102.
|
5.
|
U.S. Department of Homeland Security (DHS), Department of Homeland Security Strategy to Combat Human Trafficking, the Importation of Goods Produced with Forced Labor, and Child Sexual Exploitation, January 2020, p. 5. Congress has generally placed more legislative attention on countering human trafficking and providing services and support to victims than it has on countering human smuggling. As such, this section is more heavily focused on federal efforts to counter human trafficking. As noted previously, the federal definition of severe forms of trafficking in persons is at 22 U.S.C. §7102. Human trafficking criminal violations are outlined in 18 U.S.C. Chapter 77. Alien smuggling violations are outlined at 8 U.S.C. §1324. See CRS In Focus IF12539, Federal Law Enforcement Efforts to Counter Human Smuggling and Human Trafficking.
|
6.
|
Federal Bureau of Investigation (FBI), Uniform Crime Reporting (UCR) Program, Human Trafficking, 2023, p. 2.
|
7.
|
Amy Farrell and Ieke de Vries, "Measuring the nature and prevalence of human trafficking," in The Palgrave International Handbook of Human Trafficking, eds. J Winterdyk, J. Jones (2020).
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8.
|
National Conference of State Legislatures, Human Trafficking Overview, https://www.ncsl.org/research/civil-and-criminal-justice/human-trafficking.aspx.
|
9.
|
For more information about awareness training for health professionals, see CRS Report R47100, Human Trafficking Awareness Training for Health Care Professionals.
|
10.
|
Victim grooming is a process of manipulation that involves a perpetrator targeting a victim, gaining their trust, meeting their needs, isolating them to create dependency, exploiting them, and maintaining control of them. For more information, see Polaris Project, Love and Trafficking: How Traffickers Groom & Control Their Victims, February 11, 2021.
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11.
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The UCR program was initially comprised of the Summary Reporting System (SRS), but in the late 1980s the FBI allowed states to submit crime data through the National Incident-Based Reporting System (NIBRS). On January 1, 2021, the FBI retired the SRS program and only collects data using NIBRS.
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12.
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The William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (P.L. 110-457) required the FBI to collect human trafficking offense data.
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13.
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The UCR program defines case clearances as follows: "In the UCR Program, a law enforcement agency reports that an offense is cleared by arrest, or solved for crime reporting purposes, when three specific conditions have been met: Arrested, Charged with the commission of the offense, Turned over to the court for prosecution (whether following arrest, court summons, or police notice)." For more information, see https://ucr.fbi.gov/crime-in-the-u.s/2019/crime-in-the-u.s.-2019/topic-pages/clearances#.
|
14.
|
U.S. Department of Justice (DOJ), Bureau of Justice Statistics (BJS), Human Trafficking Data-Collection Activities, 2024, October 2024 (hereinafter, "BJS Human Trafficking").
|
15.
|
DOJ, "Human Trafficking in the Uniform Crime Reporting (UCR) Program," https://ucr.fbi.gov/human-trafficking.
|
16.
|
FBI, UCR Program, Human Trafficking, 2023. Data for Kansas were submitted through the Bureau of Indian Affairs.
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17.
|
FBI, UCR Program, Human Trafficking, 2023. The seven unspecified incidents were reported by Puerto Rico.
|
18.
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For more information, see CRS Report R46668, The National Incident-Based Reporting System (NIBRS): Benefits and Issues.
|
19.
|
For example, NIBRS collects more information about each incident, including the victim-offender relationship, the types of property damaged or stolen, and bias motivation (e.g., race, religion, sexual orientation, disability, gender, gender identity), among other things. NIBRS also allows for all crimes that occurred during a single incident to be reported, instead of following the SRS program's hierarchy rule that required law enforcement agencies to report only the most serious offense if an incident included several crimes.
|
20.
|
BJS Human Trafficking.
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21.
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Data available at FBI, Crime Data Explorer, https://cde.ucr.cjis.gov/LATEST/webapp/#/pages/home.
|
22.
|
DOJ, Attorney General's Annual Report to Congress on U.S. Government Activities to Combat Trafficking in Persons: Fiscal Year 2023.
|
23.
|
For a discussion of police discretion, see, for example, DOJ, National Institute of Justice, 'Broken Windows' and Police Discretion, October 1999.
|
24.
|
DOJ, Attorney General's Annual Report to Congress on U.S. Government Activities to Combat Trafficking in Persons: Fiscal Year 2023. Convictions reflect defendants in cases filed across various fiscal years who were convicted in FY2023.
|
25.
|
Further, data on incidents that come to the attention of law enforcement cannot inform on whether or how these cases may flow through the criminal justice system, including formal investigations, prosecutions, or sentencing and corrections.
|
26.
|
M Xie and EP Baumer, "Crime victims' decisions to call the police: Past research and new directions," Annual Review of Criminology, vol. 2, no. 1 (2019) (hereinafter, "Xie and Baumer, Crime victims' decisions to call the police").
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27.
|
Xie and Baumer, Crime victims' decisions to call the police; and Pew Research Center, "What the data says (and doesn't say) about crime in the United States: Which crimes are most likely to be reported to police, and which are most likely to be solved?," November 20, 2020.
|
28.
|
For more information, see CRS Insight IN11936, NIBRS Participation Rates and Federal Crime Data Quality.
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29.
|
See National Human Trafficking Hotline, Hotline Statistics, at https://humantraffickinghotline.org/en/statistics. The data tracked by the hotline only include those reports the hotline receives, and thus represent an unknown subset of total human trafficking cases in the United States.
|
30.
|
For more information on immigration relief available for trafficking victims, see CRS Report R46584, Immigration Relief for Victims of Trafficking.
|
31.
|
Ibid. To qualify, a noncitizen must (1) demonstrate that he/she is a victim of a severe form of trafficking in persons; (2) be physically present in the United States, American Samoa, or the Commonwealth of the Northern Mariana Islands, or at a U.S. port of entry because of such trafficking, or be admitted to the United States to participate in investigative or judicial processes associated with such trafficking; (3) have complied with any reasonable request for assistance to law enforcement in the investigation or prosecution of acts of trafficking unless unable to do so due to physical or psychological trauma, or being under age 18; and (4) be likely to suffer extreme hardship involving unusual and severe harm upon removal. To receive T status, the alien must also be admissible to the United States or obtain a waiver of inadmissibility.
|
32.
|
DHS, USCIS, Number of Form I-914, Application for T Nonimmigrant Status by Fiscal Year, Quarter, and Case Status: Fiscal Year 2024, Quarter 4.
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33.
|
Qualifying criminal activity refers to one or more of the following or any similar activity in violation of federal or state criminal law: rape; torture; trafficking; incest; domestic violence; sexual assault; abusive sexual contact; prostitution; sexual exploitation; female genital mutilation; being held hostage; peonage; involuntary servitude; slave trade; kidnapping; abduction; unlawful criminal restraint; false imprisonment; blackmail; extortion; manslaughter, murder; felonious assault; witness tampering; obstruction of justice; perjury; or attempt, conspiracy, or solicitation to commit any of the above mentioned crimes. For other examples of qualifying crimes, see DHS, U and T Visa Law Enforcement Resource Guide, p. 7.
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34.
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A victim must demonstrate that he/she suffered substantial physical or mental abuse as a result of having been a victim of qualifying criminal activities; that, as certified by a law enforcement or immigration official, he/she (or if the noncitizen victim is a child under age 16, the child's parent, guardian, or friend) possesses information about the criminal activity involved; that he/she has been, is being, or is likely to be helpful in the investigation and prosecution of the criminal activity by federal, state, or local law enforcement authorities; and that the criminal activity violated the laws of the United States or occurred in the United States.
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35.
|
DHS, USCIS, Number of Form I-918, Petitions for U Nonimmigrant Status by Fiscal Year, Quarter, and Case Status: Fiscal Year 2024, Quarter 4.
|
36.
|
Continued presence refers to the Secretary of Homeland Security's discretionary authority to use a variety of statutory and administrative mechanisms to ensure a noncitizen's continued presence in the United States.
|
37.
|
22 U.S.C. §7105(c)(3)(A)(i).
|
38.
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22 U.S.C. §7105(c)(3).
|
39.
|
DOJ, Attorney General's Annual Report to Congress on U.S. Government Activities to Combat Trafficking in Persons: Fiscal Year 2023. These are the most recent publicly available data.
|
40.
|
22 U.S.C. §7105(b)(2).
|
41.
|
For detailed information on these programs, see DOJ, OVC, Human Trafficking: Grants & Funding, https://ovc.ojp.gov/program/human-trafficking/grants-funding.
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42.
|
DOJ, OVC, Human Trafficking: OVC Efforts, https://ovc.ojp.gov/program/human-trafficking/ovc-efforts. These are the most recent publicly available data.
|
43.
|
For more information on the programs that support foreign national and domestic victims, see HHS, OTIP, Victim Assistance Grants, https://www.acf.hhs.gov/otip/victim-assistance/victim-assistance-grants.
|
44.
|
DOJ, Attorney General's Annual Report to Congress on U.S. Government Activities to Combat Trafficking in Persons: Fiscal Year 2023. These are the most recent publicly available data.
|
45.
|
For a chart of government funded research of human trafficking, see https://www.state.gov/research/.
|
46.
|
DOJ, OJJDP, "Youth Involvement in the Sex Trade: A National Study," March 2016.
|
47.
|
DOJ, NIJ, "An Empirical Analysis of the Intersection of Organized Crime and Human Trafficking in the United States," 2017.
|
48.
|
DOJ, BJS, HTRS, https://bjs.ojp.gov/data-collection/human-trafficking-reporting-system-htrs.
|
49.
|
BJS Human Trafficking; for the most recent survey information, see https://bjs.ojp.gov/data-collection/census-tribal-law-enforcement-agencies-ctlea#2-0.
|
50.
|
DOJ, BJS, National Survey of Victim Service Providers (NSVSP), 2019. As part of the survey, VSPs were asked to provide the actual or estimated number of human trafficking and other victims served.
|
51.
|
DOJ, BJS, Survey of State Attorneys General Offices (SSAGO), https://bjs.ojp.gov/data-collection/survey-state-attorneys-general-offices-ssago#methodology-0.
|
52.
|
DOJ, BJS, Human-Trafficking Offenses Handled by State Attorneys General Offices, 2018, https://bjs.ojp.gov/library/publications/human-trafficking-offenses-handled-state-attorneys-general-offices-2018, (hereinafter, "Human-Trafficking Offenses Handled by State Attorneys General Offices").
|
53.
|
BJS Human Trafficking; Human-Trafficking Offenses Handled by State Attorneys General Offices.
|
54.
|
DOJ, BJS, Federal Justice Statistics Program (FJSP), https://bjs.ojp.gov/data-collection/federal-justice-statistics-program-fjsp#publications-0, (hereinafter, "Federal Justice Statistics Program").
|
55.
|
Federal Justice Statistics Program.
|
56.
|
BJS Human Trafficking.
|
57.
|
See, for example, https://bjs.ojp.gov/library/publications/federal-prosecution-human-trafficking-cases-2015.
|
58.
|
DOJ, BJS, National Corrections Reporting Program (NCRP), https://bjs.ojp.gov/data-collection/national-corrections-reporting-program-ncrp.
|
59.
|
BJS Human Trafficking.
|
60.
|
DOJ, BJS, Criminal Cases in State Courts (continuation award), https://bjs.ojp.gov/funding/opportunities/bjs-2020-18653.
|
61.
|
BJS Human Trafficking.
|
62.
|
Ibid., p. 2.
|
63.
|
Lisa Fedina, Celia Williamson, and Tasha Perdue, "Risk Factors for Domestic Child Sex Trafficking in the United States," Journal of Interpersonal Violence, vol. 34, no. 13 (July 2019).
|
64.
|
Amy Farrell, Monica J DeLateur, and Collen Owens et al., "The Prosecution of State-Level Human Trafficking Cases in the United States," Anti-Trafficking Review, vol. 6 (May 2015).
|
65.
|
DOJ, FBI, UCR, Human Trafficking and Drug Offenses 2013 – 2022.
|
66.
|
BJS, National Crime Victimization Survey (NCVS), https://bjs.ojp.gov/data-collection/ncvs.
|
67.
|
The survey does include questions about forced or coerced sexual contact.
|
68.
|
Common reasons given for not reporting to police include "fear of reprisal or getting the offender in trouble, believing that police would not or could not do anything to help, and believing the crime to be a personal issue or too trivial to report"; DOJ, BJS, Criminal Victimization, 2023, https://bjs.ojp.gov/document/cv23.pdf, p. 6.
|
69.
|
For example, a person may not consider themselves a human trafficking victim if they are trafficked by a person whom they consider an intimate partner.
|
70.
|
For example, a report from the Minnesota Indian Woman's Sexual Assault Coalition and Prostitution Research & Education asked participants about life experiences to see if they met "a conservative legal definition of sex trafficking." In the context of this study, trafficking was defined as "a form of prostitution that involves third party control and exploitation" (p. 11). Melissa Farley, Nicole Matthews, Sarah Deer, Guadalupe Lopez, Christine Stark, and Eileen Hudon, "Garden of Truth: The Prostitution and Trafficking of Native Women in Minnesota," Minnesota Indian Women's Sexual Assault Coalition and Prostitution Research & Education, October 2011.
|
71.
|
More information about human trafficking awareness training efforts across the federal government is available at https://2021-2025.state.gov/humantrafficking-public-awareness-training.
|
Instead, 65 For more information, see CRS Insight IN11936, NIBRS Participation Rates and Federal Crime Data Quality. 66 FBI, “30 Questions and Answers About NIBRS Transition,” https://www.fbi.gov/file-repository/ucr/30-faqs-about-nibrs-transition-oct-2018.pdf/view.
67 DOJ, BJS, National Crime Statistics Exchange, Estimating Costs for Transitioning to the National Incident-Based Reporting System (NIBRS), https://www.bjs.gov/content/pub/pdf/Local%20Agency%20-%20Estimating%20Cost%20for%20Transitioning%20%20to%20NIBRS_01232017.pdf.
68 Nonparticipating jurisdictions have included both small community LEAs and large metropolitan police forces such as the New York Police Department and Los Angeles Police Department.
69 BJS, National Crime Victimization Survey (NCVS), https://bjs.ojp.gov/data-collection/ncvs. 70 The survey does include questions about forced or coerced sexual contact. For 2020 NCVS crime incident reports, see https://bjs.ojp.gov/content/pub/pdf/ncvs20_cir.pdf. For the 2020 NCVS basic screen questionnaire, see https://bjs.ojp.gov/content/pub/pdf/ncvs20_bsq.pdf.
71 Common reasons given for not reporting to police include “fear of reprisal or getting the offender in trouble, believing that police would not or could not do anything to help, and believing the crime to be a personal issue or too trivial to report”; DOJ, BJS, Criminal Victimization, 2020, https://bjs.ojp.gov/library/publications/criminal-victimization-2020, p. 7.
72 For example, a person may not consider themselves a human trafficking victim if they are trafficked by a person whom they consider an intimate partner.
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surveys may ask about specific life experiences that are consistent with the legal definition of human trafficking to determine how many people in a given sample have these experiences.73 NCVS may employ a similar strategy to capture these data.
As noted, in addition to the trafficking-specific grant programs, there are a number of additional grant programs that may serve human trafficking victims; however, there is a lack of publicly available data about who these programs serve and how. These data may not only provide a clearer picture of how federal grants serve victims, but may also inform discussions about incident rates, co-occurring victimizations, the types of services needed, and resource shortages. As part of efforts to assess how well federal programs may be servicing victims, Congress may be interested in gathering additional information from these programs about the victims served—including trafficking victims.
Underlying the adequacy of data from various sources, criminal justice and otherwise, is the foundational issue of human trafficking awareness. Enhancing training for individuals across industry sectors—from criminal justice to medical professionals—to recognize and respond to human trafficking may improve not only the data available with respect to human trafficking victimization but also the services that can be made available to the survivors. A number of federal agencies engage in human trafficking awareness efforts,74 and policymakers could look to enhance these activities as part of broader efforts to improve data on human trafficking.
Author Information
Emily J. Hanson
Kristin Finklea
Analyst in Social Policy
Specialist in Domestic Security
73 For example, a report from the Minnesota Indian Woman’s Sexual Assault Coalition and Prostitution Research & Education asked participants about life experiences to see if they met “a conservative legal definition of sex trafficking.” In the context of this study, trafficking was defined as “a form of prostitution that involves third party control and exploitation” (p. 11). Melissa Farley, Nicole Matthews, Sarah Deer, Guadalupe Lopez, Christine Stark, and Eileen Hudon, “Garden of Truth: The Prostitution and Trafficking of Native Women in Minnesota,” Minnesota Indian Women’s Sexual Assault Coalition and Prostitution Research & Education, October 2011, https://www.niwrc.org/resources/report/garden-truth-prostitution-and-trafficking-native-women-minnesota.
74 More information about human trafficking awareness training efforts across the federal government is available at https://www.state.gov/humantrafficking-public-awareness-training.
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Congressional Research Service
R47211 · VERSION 1 · NEW
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