Federal Law Enforcement Efforts to Counter Human Smuggling and Human Trafficking

Federal Law Enforcement Efforts to Counter Human Smuggling and Human Trafficking

November 21, 2023
Federal Law Enforcement Efforts to Counter Human
Smuggling and Human Trafficking
Human smuggling and human trafficking crimes continue
Federal Law Enforcement Response to
to be of interest to local, state, and federal policymakers,
Human Smuggling
law enforcement, and others. The federal government
Transnational Organized Crime (TOC) networks generate
responds to both types of crimes in various ways, including
substantial proceeds (estimates have ranged from the
using the resources of federal law enforcement agencies.
hundreds of millions to billions of dollars) from smuggling
This In Focus discusses the distinction between human
migrants into the United States, primarily through
smuggling and human trafficking and provides an overview
smuggling routes along the U.S.-Mexico border. The Biden
of federal law enforcement efforts to counter human
Administration launched the Counter Human Smuggling
smuggling into and human trafficking within the United
campaign—led by DHS—in 2022 to target criminal
States.
networks involved in smuggling operations.
Distinguishing Between Human
U.S. Immigration and Customs Enforcement, Homeland
Smuggling and Human Trafficking
Security Investigations (ICE/HSI), the principal
The term human smuggling is often mistakenly used
investigative component of DHS, leads federal law
interchangeably with human trafficking; however, they are
enforcement efforts to enforce immigration laws, including
distinct concepts. As the Department of Homeland Security
human smuggling (also referred to as alien smuggling in
(DHS) noted in its 2020 Department of Homeland Security
statute; 8 U.S.C. §1324) and related offenses. ICE initiated
Strategy to Combat Human Trafficking, the Importation of
over 2,200 human smuggling investigations in FY2022.
Goods Produced with Forced Labor, and Child Sexual
Specifically, ICE’s Human Smuggling Unit (HSU) works to
Exploitation, “human trafficking does not require crossing a
identify, disrupt, and dismantle criminal travel networks
border. Human trafficking victims have been exploited by
and human smuggling; HSU’s Extraterritorial Criminal
their trafficker for commercial sex acts or labor. By
Travel (ECT) program focuses resources on targeting
contrast, human smugglers engage in the crime of bringing
criminal travel networks that pose threats to national
people into the United States, or unlawfully transporting
security and public safety. U.S. Customs and Border
and harboring people already in the United States, in
Protection (CBP), also within DHS, is involved in detecting
deliberate evasion of immigration law. In some situations,
smuggling activity at and between ports of entry.
human smuggling may result in human trafficking.”
DHS, the Department of Justice (DOJ), and the Department
Some observers have also noted that human smuggling is a
of State collaborate on Operation Sentinel, which seeks to
crime against the state whereas human trafficking is crime
counter smuggling networks in Mexico. DHS and DOJ
against an individual. And while it can sometimes be
further coordinate on Joint Task Force Alpha (JTFA), a
challenging to distinguish between the two, particularly in
joint partnership announced in June 2021 to investigate and
situations where smuggled migrants have later been
prosecute criminal smuggling networks operating in
trafficked, the United Nations Office on Drugs and Crime
Mexico and the Northern Triangle countries of El Salvador,
(UNODC) has highlighted key factors of differentiation:
Guatemala, and Honduras. DOJ notes that as of the end of
FY2022, JTFA had resulted in 120 domestic and 38
• Consent. Smuggling involves moving individuals who
international arrests as well as 54 convictions.
have consented to being smuggled; trafficking involves
exploiting individuals who never consented, or if they
DOJ’s Criminal Division, largely through the Human
initially consented, became victimized with the addition
Rights and Special Prosecutions Section, prosecutes federal
of force, fraud, or abuse.
criminal cases of human smuggling. Data from the U.S.
Sentencing Commission indicate that the number of
• Exploitation. Smuggling ends with the arrival of an
individuals convicted of alien smuggling in federal court
individual at their destination; trafficking involves the
generally increased from FY2018 to FY2022. Alien
ongoing exploitation of a victim for profit.
smuggling was the primary charge for 4,056 sentenced
offenders in FY2022 compared to 2,843 offenders in
• Transnationality. Smuggling involves crossing
FY2018. Of the offenders sentenced in FY2022, 73.8%
international borders; trafficking does not need to
were U.S. citizens; over half of the cases (52.3%) involved
involve the movement of persons.
smuggling, transporting, or harboring fewer than six
people; and 10.9% of alien smuggling offenses involved an
unaccompanied minor.
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Federal Law Enforcement Efforts to Counter Human Smuggling and Human Trafficking
Federal Law Enforcement Response to
1,672 individuals were prosecuted for federal human
Human Trafficking
trafficking violations in 2021, up from 729 in 2011.
Human traffickers exploit vulnerable individuals for
commercial sex and forced labor in a variety of legal and
Policy Considerations
illegal industries, both across the United States and around
ICE specifically pursues cases against transnational
the world. The federal approach to countering human
criminal organizations with a financial nexus. These cases
trafficking employs interagency partnerships to prevent
include financial fraud, including cyber-enabled financial
trafficking, protect victims, and prosecute perpetrators.
fraud, money laundering, and international corruption. ICE
With respect to this third element, federal law enforcement
developed an Illicit Pathways Attack Strategy (IPAS) that
agencies largely focus efforts on dismantling human
focuses on, among other things, enhancing intelligence and
trafficking networks and holding traffickers accountable.
information sharing, investigations and interdictions,
targeting the finances of criminal networks, and bolstering
In the United States, federal human trafficking
work with transnational criminal investigative units
investigations are primarily the responsibility of ICE and
(TCIUs)—law enforcement in source and transit countries
the Federal Bureau of Investigation (FBI). Federal law
working with ICE to facilitate investigations. Initially, the
enforcement generally takes a victim-centered approach to
IPAS focused on human smuggling and trafficking
human trafficking. This approach places equal value on
investigations, but has since expanded to target a broad
identifying and stabilizing victims as well as deterring,
range of illicit activity facilitated by criminal networks. ICE
investigating, and prosecuting traffickers. Part of this
has cited its Mexico TCIU as integral in facilitating U.S.-
approach involves federal law enforcement relying on
Mexico cooperation on cases against human smuggling
victim assistance specialists who can help support forensic
networks. Policymakers may continue to examine the
interviews (that help law enforcement understand what
effectiveness of TCIUs in helping to identify and counter
happened and determine if a crime occurred) and connect
criminal networks, including whether recent changes have
victims with immediate assistance and long-term support.
strengthened these units. For instance, the James M. Inhofe
In addition to taking a victim-centered approach to
National Defense Authorization Act for FY2023 (P.L. 117-
trafficking investigations, federal law enforcement also uses
263) provided ICE with the authority to pay stipends to
trauma-informed, culturally sensitive approaches intended
TCIU vetted members, a change ICE identified as a way of
to avoid retraumatizing victims.
promoting success by improving recruitment and retention,
and Congress may examine effects of this change.
Federal law enforcement uses a variety of collaborative
Policymakers may also study whether the advanced safety
efforts to counter trafficking. For instance:
training sessions that ICE reportedly launched have been
effective in keeping TCIU agents safe in partner nations.
• Both the FBI and ICE lead and participate in human
trafficking groups and task forces.
With respect to human trafficking, the White House’s 2021
National Action Plan to Combat Human Trafficking (2021
• In 2011, DHS, DOJ, and the Department of Labor
plan) sets goals intended to prevent trafficking, protect
established the Anti-Trafficking Coordination Team
victims, and prosecute traffickers. Specifically, it aims to
(ACTeam) Initiative to bring together federal
increase human trafficking investigations and prosecutions
investigators and prosecutors in select areas of the
by improving law enforcement coordination; enhancing law
country to streamline enforcement efforts.
enforcement capacity to investigate and prosecute
trafficking; enhancing non-criminal tools such as civil
• ICE leads the DHS Center for Countering Human
enforcement; and increasing efforts to counter forced labor
Trafficking, an intra-department effort to counter human
violations. Policymakers may examine not only whether
trafficking and the importation of goods produced with
federal investigators and prosecutors have the proper
forced labor.
resources—including authorities, funding, and staffing—
but how they may be employing those resources to achieve
• Some collaborative efforts are focused on certain
the goals of the 2021 plan. For instance, some observers
populations; for example, DOJ supports the Internet
have recommended that law enforcement enhance
Crimes Against Children (ICAC) task force program,
investigations and prosecutions of labor trafficking cases
which brings together federal, state, and local law
because, historically, there have been more resources
enforcement to investigate, prosecute, and develop
allocated to countering sex trafficking than labor trafficking
responses to internet crimes against children, including
violations. Policymakers may also examine whether there
those related to trafficking.
should be specific metrics attached to the goals laid out in
the national action plan and related strategies—such as
DOJ prosecutes human traffickers violating federal law
DOJ’s 2022 National Strategy to Combat Human
related to peonage, slavery, forced labor and sex trafficking
Trafficking—in order to achieve their goals.
(18 U.S.C. §§1581-1595); sexual exploitation of children
(18 U.S.C. §§2251-2251A); and transportation for illegal
Kristin Finklea, Specialist in Domestic Security
sexual activity (18 U.S.C. §§2422-2423) and related crimes.
IF12539

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Federal Law Enforcement Efforts to Counter Human Smuggling and Human Trafficking

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