Human Trafficking And The Temporary Work Visa System
In my last blog post entitled Human Trafficking In Native American Communities, I wrote that human traffickers are experts at exploiting vulnerable populations. That post includes a list of risk factors that make persons vulnerable to these predators. On June 5th, Polaris, a leading organization in the fight against human trafficking, released a report detailing how another vulnerable population is being targeted by traffickers. In this report, they describe how traffickers use loopholes in the temporary work visa system to target temporary domestic, agricultural, and other workers.
What Is A Temporary Work Visa?
According to the United States Government, temporary work visas are issued “for persons who want to enter the United States for employment lasting a fixed period of time, and are not considered permanent or indefinite.” There are many different categories of temporary work visas. Some of the more common visas are for the following:
• Temporary Agricultural Workers
• Temporary Non-agricultural Workers
• Intra-company Transfers
• Artists and Entertainers
• Participants in Cultural Exchange Programs
• Athletes
Employers must file an application with the U.S. Citizenship and Immigration Service. Annually, the United States approves and issues hundred of thousands of these visas.
Why Is This System So Easily Exploitable?
There are two primary factors that contribute to the exploitation of temporary work visa holders. According to Polaris, these visas are generally “tied” to a particular company. If the workers don’t stay with that company, they can be deported. Since these workers frequently use their low wages to support their families, they fear this fate possibly more than any other. And, if they are deported, they cannot get another temporary visa. Polaris uses the following story of one particular worker as an example:
He came on a legal J-1 visa – the kind that are supposed to be for “cultural exchange.” Instead he worked in a restaurant, 60 – 70 hours a week, without breaks for meals or anything else. The temperature in the kitchen hovered around 100 degrees and it flooded whenever it rained. When he complained his employer said he would get deported and never be allowed to come back. Just in case that threat wasn’t enough the employer also promised to hide drugs in worker’s car and then call the police on him. After six months, he finally quit, deciding to sell everything he owned to pay for a way to get home.
In other cases, recruiters here or abroad may charge fees for their services. This practice is illegal, but the rule is not enforced. These illicit fees are held against the workers as a form of debt bondage. In one particular case, a worker was told he owed $1400.00 in “recruitment fees” plus the “costs of travel.” (for more on debt bondage, see the DVM For Hope Blog Post Human Trafficking: A Brief Overview Of A Huge Problem).
How Do Traffickers Maintain Control Of Visa Holders?
As I noted above, traffickers use the threat of deportation and debt bondage to exert control over temporary work visa holders. These are not the only means used to control workers, though. The Polaris report lists the following methods of control utilized by traffickers:
• Threats and intimidation
• Fraud
• Excessive working Hours
• Emotional, physical, or sexual abuse
• Manipulation of language barriers
• Withholding documents
• Monitoring and stalking
• Withholding of needs
The reader might notice that these methods are very similar to those used in other forms of labor trafficking and sex trafficking. In the end, the goal is to render the victim unable, unwilling, or afraid to leave.
How Prevalent Is The Problem?
In their study of the issue of human trafficking in the temporary work visa system, Polaris identified over 800 victims based on information obtained from the National Human Trafficking Hotline. More than likely, this represents only the tip of the iceberg, considering that, as stated above, hundred of thousands of these visas are issued annually by the United States. And, the number of visas issued is increasing. This year, the cap for visas has already been reached, so the government plans to increase the number of visas by 15,000.
Polaris was also able to identify the most common source countries (Mexico, Guatemala, and the Philippines), as well as the most common industries involved (agriculture and domestic work). In this particular form of human trafficking, the majority of victims are male.
Stopping exploitation Of The Temporary Work Visa System.
According to Polaris, several things need to happen if loopholes in the temporary work visa system are to be closed. An obvious first step would be to enforce the ban on recruitment fees. Then, visas need to be “un-linked” from specific businesses. If that were done, the fear of deportation would be decreased, and, as Soli Salgado suggests, the workers would be able to “shop for different working conditions.” Finally, the Polaris report recommends that Congress pass H.R. 4777, the Visa Transparency Ant-Trafficking Act (VTAT), which would improve reporting and data collection in the temporary work visa system.
Calling, emailing, or writing your member of Congress would help facilitate the passage of VTAT.
Sources for additional reading:
1. Travel.state.gov
2. “Human Trafficking On Temporary Work Visas.” Polaris, www.polarisproject.org
3. Salgado, Soli, “Report: Traffickers prey on guest workers through temporary work visa system flaws.” Global Sisters Report, 6 June, 2018
Author: Matthew J. Nelson
Matthew Nelson started DVM For Hope to educate people about human trafficking and other injustices. He volunteers with several anti-trafficking organizations, speaks about sex trafficking, and is active on social media as both a blogger and editor. By day he is a veterinarian.