Global Slavery Index
Global Slavery Index / COuntry Study

Modern slavery in United States

Estimated number living in modern slavery:

1,091,000 (3.3

per thousand)

Vulnerability:

25

/100

Government response rating:

67

/100

Population:

331,003,000

GDP per capita (PPP):

63,028

(current international $)

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Overview

The United States (US) – as the wealthiest nation in the Americas – demonstrated the most action to respond to modern slavery in the region, and had the equal second strongest response globally behind the United Kingdom. This reflects robust measures to identify and support survivors and action to eliminate modern slavery from supply chains, including through the introduction of the Uyghur Forced Labour Prevention Act in 2021.1 However, several key gaps in the response remain, such as the absence of legislation criminalising forced marriage and setting a minimum age of marriage at 18 without exceptions. Prevalence of modern slavery is among the lowest of countries in the Americas, yet the estimated total number of people living in modern slavery is the highest of all countries in the region. Vulnerability is largely driven by discrimination towards migrants and minority groups,2  irregular migration and organised crime along the US-Mexico border,3 poverty,4 and the use of state-imposed forced labour within the prison system,5 which critically undermines the government’s response.

Prevalence

The 2023 Global Slavery Index (GSI) estimates that on any given day in 2021, there were 1.1 million people living in modern slavery in the US, a prevalence of 3.3 people in modern slavery for every thousand people in the country. This places the US among countries with the lowest prevalence of modern slavery in the region (21 out of 25) and globally (122 out of 160), but represents the highest estimated total number of people in modern slavery in the Americas, accounting for over one-fifth of people in modern slavery across the region. While data on modern slavery are not aggregated at the national level – making the true number of cases reported difficult to ascertain – the National Human Trafficking Hotline (NHTH) reported receiving 10,360 reports of suspected human trafficking cases in 2021.6

Forced labour

State-imposed forced labour

The government’s response to modern slavery is undermined by the presence of state-imposed forced labour within the prison system.7 Under the Thirteenth Amendment of 1865, a sentence of involuntary servitude can be given for an offence.8 Prisoners are excluded from the scope of labour law protections – including those that prohibit forced labour – as compulsory prison labour is considered a legal punishment rather than an economic activity.9 While international law permits compulsory prison labour under certain conditions, it cannot be used for the benefit of private parties unless additional requirements are met.10 Detainees in US private prisons, including pre-trial detainees, and migrants in detention centres allege that they have been forced to work without pay under the threat of punishment.11  

The US has the world’s largest prison population rate on record, therefore the risk of state-imposed forced labour is particularly concerning.12 The burden of risk is disproportionately borne by people of colour, who are over-represented among US prison populations.13 The ILO Committee of Experts on the Application of Conventions and Recommendations (CEACR) has urged the government to take steps to ensure prison sentences involving compulsory labour are not disproportionately issued due to racial discrimination in the criminal justice process.14 Notably in December 2020, a joint resolution was introduced to amend the Constitution and prohibit involuntary servitude from being used to punish offenders.15 At the time of writing, it has not yet progressed into law.

Forced labour exploitation

In 2021, the NHTH received 1,066 reports of potential cases of labour trafficking, primarily in domestic work, agriculture and farming, construction, retail, hospitality, and illicit activities, among other sectors.16 A further 400 reports of trafficking for both labour and sexual exploitation were received, mostly in domestic work, illicit activities, and the illicit massage and spa business. The majority of victims identified in labour trafficking were adults (81 per cent), and more than half of all victims were foreign nationals (55 per cent).17

The risk of forced labour is well-documented in the domestic work sector.18 Domestic workers in the US are exploited through passport withholding, physical and verbal abuse, and isolation, among other harmful measures.19 In 2021, 185 potential cases of labour trafficking, and 59 cases of labour and sex trafficking within domestic work were reported to the NHTH.20 Risks are also present in agriculture; of cases reported to the NHTH in 2021, 117 (11 per cent) involved forced labour in agricultural farms, making it the second most commonly reported sector.21 Migrant workers from Mexico and Central America have reportedly experienced exploitation in agricultural farms in South Georgia, including gun violence and passport and document confiscation.22

Forced labour of children is also reported in the US, including among unaccompanied migrant children.23 Unaccompanied children from Central America are reportedly deceived by sponsors and forced to work through debt bondage in food packing, agriculture, manufacturing, and fashion.24 In 2019, a Federal Judge sentenced a couple from Texas to imprisonment and ordered them to pay US$288,620 for forced labour and other offences, after they trafficked a child from Guinea and exploited her in domestic servitude for 16 years.25 From June 2019 to June 2020, the government recorded 200 child victims of trafficking for forced labour.26

Forced commercial sexual exploitation of adults

The NHTH received just under 7,500 reports of potential cases of sex trafficking in 2021, primarily in pornography, the illicit massage and spa business, the hotel sector, and residence-based commercial sex.27 Reports to the hotline indicate that violence, confinement, threats, and confiscation of identity documents were used to subject women to forced sexual exploitation in hotels and motels.28 Between July 2019 and June 2020, 6,077 victims of sex trafficking were reported through the Department of Justice’s Office for Victims of Crime (DOJ OVC), of whom 94 per cent were women and girls.29

Commercial sexual exploitation of children

Between June 2019 and 2020, 1,744 child victims of sex trafficking were reported through the DOJ OVC, including girls (1,600), boys (119), and transgender children (25). The 2021 Federal Human Trafficking Report indicates that more than half of the victims identified in all new criminal human trafficking cases in 2021 were children, including sex trafficking cases where they accounted for 66 per cent of victims.30 The Internet was the primary mechanism used for soliciting buyers in sex trafficking cases in 2021 (85 per cent).31

Forced marriage

Recent data on the prevalence of forced marriage among adults in the US is limited,32 however child marriage – a form of forced marriage – is widely documented, and continues to be legal in eight states.33 According to a 2021 study, almost 300,000 children were legally married in the US between 2000 and 2018.34 Around 96 per cent of these marriages involved children aged 16 to 17, however some children were married as young as 10. Girls represented over 86 per cent of child marriage victims and most were forced to marry adult men.35 Forced marriage in the US also impacts children born outside the country; in 2022, Tahirih Justice Centre reported that between 2000 and 2017, over 8,500 marriage-based visa petitions were approved, each involving at least one person under 18 years old.36

Imported products at risk of modern slavery

The US is not only affected by modern slavery within its borders: as one of the world’s largest economies, the US – like other G20 countries – is exposed to the risk of modern slavery through the products it imports. Nearly two-thirds of all forced labour cases are linked to global supply chains, with workers exploited across a wide range of sectors and at every stage of the supply chain. Most forced labour occurs in the lowest tiers of supply chains; that is, in the extraction of raw materials and in production stages.37 Given the G20’s level of influence in the global economy, it is critical to examine their imports at risk of forced labour and efforts to address this risk. The US imports US$169.6 billion products at-risk of being made using forced labour annually. Table 1 below highlights the top five most valuable products (according to US$ value per annum) imported by the US that are at risk of being produced under conditions of modern slavery.

Table 1: Imports of products at risk of modern slavery to the United States

Product at risk of modern slavery Import value (in billions of US$) Source countries
Electronics 107.6 China, Malaysia
Garments 52.4 China, Vietnam, Bangladesh, India, Malaysia, Brazil and Argentina
Textiles 4.8 China
Timber 2.7 Brazil, Peru and Russia
Fish 2.2 China, Thailand, Indonesia, Taiwan, Ghana

Vulnerability

Governance issues Lack of basic needs Inequality Disenfranchised groups Effects of conflict Overall weighted average
28/100 28/100 29/100 36/100 33/100 25/100

Overall, the US is among the least vulnerable countries to modern slavery in the Americas, yet certain groups are particularly at risk, with vulnerability primarily driven by a lack of acceptance of migrants, racial and gender discrimination, poverty, and forced labour imposed by the state.

A Gallup national poll conducted in 2023 indicates there has been an intensification in negative attitudes towards immigration in the US over the past year, with satisfaction reaching its lowest level in a decade.38 The poll also found that most Americans view illegal immigration as a threat to national security.39 This follows anti-migrant rhetoric and harmful immigration policies implemented during the Trump presidency40 and the COVID-19 pandemic,41 which has seen increasing numbers of migrants and asylum seekers turned away at the US-Mexico border42 – the world’s largest migration corridor.43 US Customs and Border Protection (CBP) reportedly detained or denied access to over two million migrants at the southern border in the 2022 financial year, including over 152,000 unaccompanied children.44 Many of those seeking to enter the US are fleeing conflict, persecution, and violence in the region.45 Those who migrate irregularly lack protections and are vulnerable to violence, extortion, kidnapping, and human trafficking by organised crime groups who operate a US$13 billion smuggling industry along the border.46

Systemic racism also impacts vulnerability in the US. People of colour may be disproportionately vulnerable to forced labour in the prison system where they are significantly over-represented, in part due to over-policing and historical mass criminalisation of their communities.47 People of colour and ethnic minority groups are also more likely to be living in poverty compared to the non-Hispanic white population.48 Poverty and debt, as well as lack of legal status and limited language skills were identified as key drivers of vulnerability among adult victims of human trafficking in 2021.49 Those employed in domestic work are also far more likely to be living in poverty compared to any other sector in the US.50 Women of colour and ethnic minorities make up the majority of this workforce,51 increasing their risk of exploitation in the sector.

Since the 2018 GSI, the political environment has grown increasingly hostile towards women, with a number of new laws and policies imposing greater restrictions on women’s rights. For example, the right to abortion has been near or totally banned in 21 states following the overturning of Roe v Wade, which established the constitutional right to abortion in the US.52 Women and girls also make up the majority of victims of forced sexual exploitation53 and forced marriage.54 Girls accounted for all victims of CSEC identified in 2021, with vulnerability primarily driven by homelessness, being in the foster care system, running away, being undocumented, previous trafficking experiences, or identifying as a member of the LGBTQI+ community.55 Risk increased during the pandemic as children had reduced access to protective environments such as schools.56

Government response

Survivors identified and supported Criminal justice mechanisms National and regional level coordination Risk factors are addressed Government and business supply chains Total
86/100 62/100 63/100 64/100 38/100 67/100

The US demonstrated the most action to respond to modern slavery in the Americas; it had the strongest response out of 32 countries assessed in the region, and the equal second strongest response globally behind the United Kingdom. The US is also the wealthiest country in the region in terms of GDP per capita,57 meaning it has more resources to dedicate to addressing modern slavery.

The US has taken the most action of any country to identify and support survivors. The government funds the NHTH – a free multilingual service operated by Polaris, which is available to receive reports of human trafficking58 – and specialised services for survivors are funded through DOJ and the Department of Health and Human Services (HHS), including mental and physical health care, legal and financial aid, job training and placement, and housing and shelter.59 However, a lack of access to services for males and the LGBTQI+ community has been reported.60 Promisingly in December 2021, the Debt Bondage Repair Act (DBRA) was signed into law, prohibiting consumer reporting agencies from disclosing adverse credit information about a consumer if it was caused by a situation of human trafficking.61

The US criminalises peonage and involuntary servitude, but Amendment 13 of the Constitution allows for a sentence of involuntary servitude can be given for an offence.62 Human trafficking is criminalised under the Victims of Trafficking and Violence Protection Act, 2000 (TVPA),63 and forced labour64 and CSEC65 are criminalised under sections 1589 and 1591 of the US Code respectively. The TPVA recognises that victims should not be treated as criminals for crimes committed while in modern slavery,66 yet the arrest of children on prostitution charges continues. Only 27 states and the District of Columbia have reportedly prohibited the criminalisation of children for engaging in prostitution.67 In 2020, more than 100 children were arrested for prostitution and commercialised vice offences.68

Several other gaps in the legal framework exist. The US is not party to several key international conventions related to the elimination of modern slavery, including the ILO Forced Labour Convention, 1930, the ILO Domestic Workers Convention 2011, the Convention on the Elimination of All Forms of Discrimination Against Women, 1981, and the Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages, 1964. Forced marriage is not criminalised in national legislation, and eight states do not establish a minimum age of marriage.69 Further, there is no minimum age for foreign spouse or fiancé visas, allowing child marriage to occur overseas.70 There have been improvements since the 2018 GSI: 16 states have set a minimum marriage age at 16 and 17 years old,71 six states have limited the age of marriage to 18 years old, except for emancipated minors (children freed from control of their parents or guardian before the age of majority),72 and promisingly, seven states have established 18 years as the minimum age of marriage without exceptions.73

The national response to modern slavery is coordinated by the President’s Interagency Task Force to Monitor and Combat Trafficking in Persons, which includes collaboration with NGOs.74 Survivors are also consulted in response efforts through the US Advisory Council on Human Trafficking.75 In 2021, the government launched the National Action Plan to Combat Human Trafficking,76 and while it is unclear whether funding has been allocated to all activities within the national action plan, notably the US has directed substantial funding towards anti-trafficking programs, committing almost US$87 million in 2021.77

The government has also taken steps to address risk factors: as of March 2023, the Domestic Workers Bill of Rights Act, 2021 – which seeks to strengthen protection for domestic workers78 – has been recognised in 10 states, two cities, and the District of Columbia.79 However several risks remain unaddressed, and in some cases, are exacerbated by government policies and practices. For example, migrant workers are vulnerable to exploitation under guestworker programs that tie them to their employers. The H-2A and H-2B guestworker programs provide temporary visas for migrants to work in agricultural and non-agricultural jobs respectively,80 however if an employer no longer wishes to employ them, migrants can lose their status and right to remain in the US.81 This dependence creates a steep employer-employee power imbalance, leaving migrant workers vulnerable to abuse and exploitation.

In addition, the Department of Homeland Security (DHS) detained at least 660 unaccompanied children in hotels in 2020 – some for up to 38 days – disregarding TVPA’s requirement to transfer children to the Department of Health and Human Services (DHHS) within 72 hours.82 While the government lifted Title 42 in May 2023, which restricted immigration during the pandemic and allowed the immediate deportation of asylum seekers, strict new immigration policies are set to make it even more difficult for asylum seekers to gain protection in the US.83

The US implements several measures to combat modern slavery in supply chains, including through the Tariff Act of 1930, which prevents the import of goods made with forced labour,84 and the List of Goods Produced by Child Labor or Forced Labor, produced by the Department of Labor,85 and has strengthened efforts since 2018. For example, the government passed the Uyghur Forced Labour Prevention Act, 2021 to prevent the import of goods made with forced labour in the Xinjiang Uyghur Autonomous Region of China.86 It also introduced Business Supply Chain Transparency on Trafficking and Slavery Act, 2020, which if passed, will require businesses to disclose measures to prevent modern slavery in their supply chains.87 Despite these positive steps to address modern slavery, critical gaps remain – chief among them, the government’s use of state-imposed forced labour within its own borders through the prison system, which undermines its overall response.

Recommendations

Survivors identified and supported 

  • Ensure survivor support services and shelters cover all populations, including males and members of the LGBTQI+ community.

  • Improve screening for indicators of modern slavery among vulnerable populations including migrants and asylum seekers, and ensure unaccompanied children are referred to the DHHS to receive support services.

Criminal justice mechanisms 

  • Ratify international conventions including the ILO Forced Labour Convention, 1930 and Domestic Workers Convention 2011, and enact federal legislation criminalising forced marriage in line with international standards.

  • Enforce federal legislation prohibiting the criminalisation of victims, including children exploited in commercial sex.

National and regional level coordination

  • Fully fund and implement the National Action Plan to Combat Human Trafficking 2021.

Risk factors are addressed 

  • Immediately end state-imposed forced labour within the prison system by repealing legislation and criminalising practices that allow state-imposed forced labour to occur.

  • Raise the minimum legal age of marriage to 18 without exceptions in all states and establish protections in legislation to prevent the inclusion of minors in visas for foreign spouses and fiancés.

  • Strengthen efforts to protect vulnerable populations at the US-Mexico border by repealing hostile migration policies that place national security above human rights, expanding the provision of safe and regular migration pathways, and by screening asylum seekers and irregular migrants for modern slavery indicators, regardless of how they arrived in the country.

  • Enforce the Domestic Workers Bill of Rights Act to strengthen protections for domestic workers, and reform the H-2A and H-2B guestworker programs such that visas are not tied to specific employers and migrants are granted a grace period to find alternative employment, rather than losing their right to work in the US.

Government and business supply chains

  • Introduce mandatory human rights due diligence to prevent the government and businesses from sourcing goods or services linked to modern slavery.

Endnotes

1Blinken, AJ 2022, ‘Implementation of the Uyghur Forced Labour Prevention Act’, United States Department of State, 21 June 2022. Available From: https://www.state.gov/implementation‐of‐the‐uyghur‐forced‐labor‐prevention‐act/. [15 March 2023].
2The World Economic Forum 2022, The Global Risks Report, pp. 57‐69. Available from: https://www3.weforum.org/docs/WEF_The_Global_Risks_Report_2022.pdf. [4 April 2023]; Andrews, EL 2022, ‘How Have Attitudes Towards U.S. Immigration Changed?’, Stanford University. Human‐Centered Artificial Intelligence, 29 July 2022. Available From: https://hai.stanford.edu/news/how‐have‐attitudes‐towards‐us‐immigration‐changed. [4 April 2023].
3Congressional Research Service 2022, Mexico: Organized Crime and Drug Trafficking Organisations, pp. 16, 33‐34. Available from: https://sgp.fas.org/crs/row/R41576.pdf. [4 April 2023]; Jordan, M 2022, ‘Smuggling Migrants at the Border Now a Billion‐Dollar Business’, The New York Times, 25 July 2022. Available From: https://www.nytimes.com/2022/07/25/us/migrant‐smuggling‐evolution.html. [4 April 2023].
4Human Trafficking Institute 2022, Federal Human Trafficking Report, The Human Trafficking Institute, p. 25. Available from: https://traffickinginstitute.org/wp‐content/uploads/2022/09/2021‐Federal‐Human‐Trafficking‐Report‐WEB‐1.pdf. [13 March 2023].
5Castle, L & Polletta, M 2020, ‘NAACP lawsuit targets Arizona private prisons, accuses state of practicing slavery’, Arizona Republic, 20 June. Available From: https://www.azcentral.com/story/news/local/arizona/2020/06/20/naacp‐lawsuit‐arizona‐private‐prisons‐slavery/3206583001/. [14 January 2022]; Carpenter, E 2020, USA: Inmates file lawsuit alleging unpaid labour in prison amounts to forced labour, Business & Human Rights Resource Centre. Available from: https://www.business‐humanrights.org/en/latest‐news/usa‐inmates‐file‐lawsuit‐alleging‐unpaid‐labour‐in‐prison‐amounts‐to‐forced‐labour/. [14 January 2021]; Bliss, K 2020, ‘Santa Rita Jail Accused of Slave Labor in California Class Action’, Prison Legal News, 1 May. Available From: https://www.prisonlegalnews.org/news/2020/may/1/santa‐rita‐jail‐accused‐slave‐labor‐california‐class‐action/. [26 August 2022]; Booth, J 2020, ‘Ending Forced Labour in ICE Detention Centers: A New Approach’, Georgetown Immigration Law Journal, vol. 34, no. 3, pp. 573‐611. Available from: https://www.law.georgetown.edu/immigration‐law‐journal/in‐print/volume‐34‐number‐3‐spring‐2020/ending‐forced‐labor‐in‐ice‐detention‐centers‐a‐new‐approach/. [10 March 2023].
6A case corresponds to a situation of human trafficking and can include one or multiple potential victims National Human Trafficking Hotline 2022, National Human Trafficking Hotline Data Report 1/1/2021 ‐ 12/31/2021, p. 4. Available from: https://humantraffickinghotline.org/sites/default/files/2023‐01/National%20Report%20For%202021.docx%20%283%29.pdf. [10 March 2023].
7Inter‐Parliamentary Union & Office of the High Commissioner for Human Rights 2016, Human Rights: Handbook for Parliamentarians 26, Inter‐Parliamentary Union, p. 19. Available from: https://www.ohchr.org/documents/publications/handbookparliamentarians.pdf [16 December 2021]; United Nations Office of the High Commissioner for Human Rights n.d., International Human Rights Law, United Nations. Available from: https://www.ohchr.org/en/instruments‐and‐mechanisms/international‐human‐rights‐law. [17 June 2022]. International Covenant on Economic, Social and Cultural Rights 1966, (resolution 2200A (XXI)), opened for signature 16 December 1966, entered into forced 3 January 1976; International Covenant on Civil and Political Rights 1966, (resolution 2200A (XXI)), opened for signature 16 December 1966, entered into forced 23 March 1976.
8 The United States Constitution, 1865 (Amendment XIII) (United States)
9 Harker v. State Use Industries (1993) 990 F.2d 131
10 Forced Labour Convention (C029) 1930, art. 2
11 Castle, L & Polletta, M 2020, ‘NAACP lawsuit targets Arizona private prisons, accuses state of practicing slavery’, Arizona Republic, 20 June. Available From: https://www.azcentral.com/story/news/local/arizona/2020/06/20/naacp‐lawsuit‐arizona‐private‐prisons‐slavery/3206583001/. [14 January 2022]; Carpenter, E 2020, USA: Inmates file lawsuit alleging unpaid labour in prison amounts to forced labour, Business & Human Rights Resource Centre. Available from: https://www.business‐humanrights.org/en/latest‐news/usa‐inmates‐file‐lawsuit‐alleging‐unpaid‐labour‐in‐prison‐amounts‐to‐forced‐labour/. [14 January 2021]; Bliss, K 2020, ‘Santa Rita Jail Accused of Slave Labor in California Class Action’, Prison Legal News, 1 May. Available From: https://www.prisonlegalnews.org/news/2020/may/1/santa‐rita‐jail‐accused‐slave‐labor‐california‐class‐action/. [26 August 2022]; Ruelas et al v. County of Alameda et al (2019) Complaint for Damages and Declaratory and Injunctive Relief Kristine Phillips 2017, ‘Thousands of ICE detainees claim they were forced into labor, a violation of anti‐slavery laws’, The Washington Post, 5 March 2017. Available From: https://www.washingtonpost.com/news/post‐nation/wp/2017/03/05/thousands‐of‐ice‐detainees‐claim‐they‐were‐forced‐into‐labor‐a‐violation‐of‐anti‐slavery‐laws/. [4 April 2023]; Amanda Holpuch 2018, ‘Private prison companies served with lawsuits over using detainee labor’, The Guardian, 25 November 2018. Available From: https://www.theguardian.com/us‐news/2018/nov/25/private‐prison‐companies‐served‐with‐lawsuits‐over‐usng‐detainee‐labor. [4 April 2023].
12For some jurisdictions assessed by the World Prison Brief, data are not available for certain categories of prisoner, for example, those detained prior to trial or sentencing in China. No data is available for Eritrea, North Korea, or Somalia. World Prison Brief 2019, Highest to Lowest ‐ Prison Population Rate, Institute for Crime & Justice Policy Research. Available from: https://www.prisonstudies.org/highest‐to‐lowest/prison_population_rate?field_region_taxonomy_tid=All. [14 January 2022].
13Gramlich, J 2020, Black imprisonment rate in the U.S. has fallen by a third since 2006, Pew Research Center. Available from: https://www.pewresearch.org/fact‐tank/2020/05/06/share‐of‐black‐white‐hispanic‐americans‐in‐prison‐2018‐vs‐2006/. [14 January 2022]; Hinton, E & Cook, D 2021, ‘The Mass Criminalization of Black Americans: A Historical Overview’, Annual Review of Criminology, vol. 4, no. 1, pp. 261‐286. Available from: https://www.annualreviews.org/doi/abs/10.1146/annurev‐criminol‐060520‐033306. [17 February 2022].
14Committee of Experts on the Application of Conventions and Recommendations 2018, Observation (CEACR) ‐ adopted 2017, published 107th ILC session (2018), Abolition of Forced Labour Convention, 1957 (No. 105) ‐ United States of America (Ratification: 1991), International Labour Organization. Available from: https://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:3316111,102871:NO. [23 August 2022]; Committee of Experts on the Application of Conventions and Recommendations 2020, Direct Request (CEACR) ‐ adopted 2020, published 109th ILC session (2021) Abolition of Forced Labour Convention, 1957 (No. 105) ‐ United States of America (Ratification: 1991), International Labour Organization. Available from: https://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID:4046585:NO. [26 October 2021].
15United States Congress, Proposing an amendment to the Constitution of the United States to prohibit the use of slavery and involuntary servitude as a punishment for a crime, 2021 (H.J.Res.53.) (United States); End the Exception 2022, No Slavery, No Exceptions. Available from: https://endtheexception.com/ [22 May 2023].
16National Human Trafficking Hotline 2022, National Human Trafficking Hotline Data Report 1/1/2021 ‐ 12/31/2021, p. 4. Available from: https://humantraffickinghotline.org/sites/default/files/2023‐01/National%20Report%20For%202021.docx%20%283%29.pdf. [10 March 2023].
17As above
18Polaris and National Domestic Workers Alliance 2019, Human Trafficking at Home. Labour Trafficking of Domestic Workers, Polaris. Available from: https://polarisproject.org/wp‐content/uploads/2019/09/Human_Trafficking_at_Home_Labor_Trafficking_of_Domestic_Workers.pdf. [14 May 2023]; American Civil Liberties Union 2021, ‘Behind Closed Doors: The Traumas of Domestic Work in the U.S.’, American Civil Liberties Union, 15 March 2021. Available From: https://www.aclu.org/news/immigrants‐rights/behind‐closed‐doors‐the‐traumas‐of‐domestic‐work‐in‐the‐u‐s. [14 May 2023].
19Polaris and National Domestic Workers Alliance 2019, Human Trafficking at Home. Labour Trafficking of Domestic Workers, Polaris. Available from: https://polarisproject.org/wp‐content/uploads/2019/09/Human_Trafficking_at_Home_Labor_Trafficking_of_Domestic_Workers.pdf. [14 May 2023].
20National Human Trafficking Hotline 2022, National Human Trafficking Hotline Data Report 1/1/2021 ‐ 12/31/2021, p. 4. Available from: https://humantraffickinghotline.org/sites/default/files/2023‐01/National%20Report%20For%202021.docx%20%283%29.pdf. [10 March 2023].
21National Human Trafficking Hotline 2022, National Human Trafficking Hotline Data Report 1/1/2021 ‐ 12/31/2021, pp. 5‐7. Available from: https://humantraffickinghotline.org/sites/default/files/2023‐01/National%20Report%20For%202021.docx%20%283%29.pdf. [10 March 2023].
22Grinspan, L 2021, ‘This has been happening for a long time’: Modern‐day slavery uncovered in South Georgia, The Atlanta Journal‐Constitution. Available from: https://www.ajc.com/news/this‐has‐been‐happening‐for‐a‐long‐time‐modern‐day‐slavery‐uncovered‐in‐ga/SHBHTDDTTBG3BCPSVCB3GQ66BQ/. [13 March 2023].
23Dreier, H 2023, ‘Alone and Exploited, Migrant Children Work Brutal Jobs Across the U.S.’, The New York Times, 25 February 2023. Available From: https://www.nytimes.com/2023/02/25/us/unaccompanied‐migrant‐child‐workers‐exploitation.html. [4 April 2023].
24As above
25Department of Justice 2019, ‘Texas Couple Each Sentenced to Seven Years in Prison for Forced Labor and Related Offenses’, Government of the United States, 22 April. Available From: https://www.justice.gov/opa/pr/texas‐couple‐each‐sentenced‐seven‐years‐prison‐forced‐labor‐and‐related‐offenses. [9 May 2023].
26United Nations Office on Drugs and Crime 2022, Global Report on Trafficking in Persons 2022. Country profiles North America, Central America and the Caribbean., pp. 41‐43. Available from: https://www.unodc.org/documents/data‐and‐analysis/glotip/2022/North_America_Central_America‐Caribbean.pdf. [13 March 2023].
27National Human Trafficking Hotline 2022, National Human Trafficking Hotline Data Report 1/1/2021 ‐ 12/31/2021, pp. 5‐7. Available from: https://humantraffickinghotline.org/sites/default/files/2023‐01/National%20Report%20For%202021.docx%20%283%29.pdf. [10 March 2023].
28National Human Trafficking Hotline 2023, Hotel/Motel‐Based. Available from: https://humantraffickinghotline.org/en/sex‐trafficking‐venuesindustries/hotelmotel‐based#:~:text=Hotels%20and%20motels%20are%20a,force%2C%20fraud%2C%20or%20coercion. [13 March 2023].
29United Nations Office on Drugs and Crime 2022, Global Report on Trafficking in Persons 2022: Country profiles North America, Central America and the Caribbean, pp. 41‐43. Available from: https://www.unodc.org/documents/data‐and‐analysis/glotip/2022/North_America_Central_America‐Caribbean.pdf. [13 March 2023].
30Human Trafficking Institute 2022, Federal Human Trafficking Report, pp. 4‐33. Available from: https://traffickinginstitute.org/wp‐content/uploads/2022/09/2021‐Federal‐Human‐Trafficking‐Report‐WEB‐1.pdf. [13 March 2023].
31As above , p33
32Dank, M, Love, H, Esthappan, S, Zweig, J 2017, Exploratory Research into the Intersection of Forced Marriage, Intimate Partner Violence, and Sexual Violence 252485, National Institute of Justice, pp. 1‐17. Available from: https://nij.ojp.gov/library/publications/exploratory‐research‐intersection‐forced‐marriage‐intimate‐partner‐violence. [4 April 2023].
33States that do not have a statutory age floor to marriage in the US include: California, Massachusetts, Michigan, Mississippi, New Mexico, Oklahoma, Washington and West Virginia. Wharton, B 2022, ‘Why Has the United States Not Banned Child Marriage?’, University of Cincinnati. Law Review, 22 January 2022. Available From: https://uclawreview.org/2022/01/10/why‐has‐the‐united‐states‐not‐banned‐child‐marriage/#_ftn12. [15 March 2023].
34Reiss, F 2021, Child marriage in the United States: prevalence and implications, Journal of Adolescent Health, vol. 69, no. 6, pp.S8‐S10; Unchained at last 2021, ‘United State’s Child Marriage Problem’, April 2021. Available From: https://www.unchainedatlast.org/united‐states‐child‐marriage‐problem‐study‐findings‐april‐2021/. [10 March 2023].
35As above
36 Tahirih Justice Center. Forced Marriage Initiative 2022, Time to Lead. The Federal Government’s Role in Ending Child Marriage in the United States, p. 4. Available from: https://www.tahirih.org/wp‐content/uploads/2023/01/Time‐to‐Lead_Fed‐Govt‐Role‐in‐Ending‐Child‐Marriage_Final_January‐2022.pdf. [15 March 2023].
37 International Labour Organization, Walk Free & International Organization for Migration 2022, Global Estimates of Modern Slavery: Forced Labour and Forced Marriage. Available from: https://cdn.walkfree.org/content/uploads/2022/09/12142341/GEMS‐2022_Report_EN_V8.pdf. Available from: https://cdn.walkfree.org/content/uploads/2022/09/12142341/GEMS‐2022_Report_EN_V8.pdf. [17 March 2023].
38Saad, L 2023, ‘Americans Showing Increased Concern About Immigration’, GALLUP, 13 February 2023. Available From: https://news.gallup.com/poll/470426/americans‐showing‐increased‐concern‐immigration.aspx. [5 April 2023].
39GALLUP 2022, ‘Immigration’, 2022. Available From: https://news.gallup.com/poll/1660/immigration.aspx. [5 April 2023]; Klobucista, Cheatham, A, Roy, D 2022, ‘The U.S. Immigration Debate’, 3 August, Council on Foreign Relations. Available From: https://www.cfr.org/backgrounder/us‐immigration‐debate‐0. [4 April 2023].
40Murray, C 2020, ‘Trump declares anti‐human trafficking push but some stay away’, Reuters, 1 February 2020. Available From: https://www.reuters.com/article/us‐usa‐trafficking‐trump‐trfn‐idUSKBN1ZU31Q. [6 April 2023].
412023, ‘Confusion, resolve at US‐Mexico border as Title 42 formally ends’, Aljazeera, 12 May 2023. Available From: https://www.aljazeera.com/news/2023/5/12/confusion‐resolve‐at‐us‐mexico‐border‐as‐title‐42‐formally‐ends. [14 May 2023].
42As above
43International Organisation for Migration 2022, World Migration Report, p. 26. Available from: https://publications.iom.int/books/world‐migration‐report‐2022. [13 March 2023].
44As above
452023, ‘Confusion, resolve at US‐Mexico border as Title 42 formally ends’, Aljazeera, 12 May 2023. Available From: https://www.aljazeera.com/news/2023/5/12/confusion‐resolve‐at‐us‐mexico‐border‐as‐title‐42‐formally‐ends. [14 May 2023]; United Nations High Commissioner for Refugees 2022, ‘Seeking safety at the United States‐Mexico border’. Available From: https://www.unhcr.org/news/stories/seeking‐safety‐united‐states‐mexico‐border. [14 May 2023].
46Congressional Research Service 2022, Mexico: Organized Crime and Drug Trafficking Organisations, pp. 16, 33‐34. Available from: https://sgp.fas.org/crs/row/R41576.pdf. [4 April 2023]; Jordan, M 2022, ‘Smuggling Migrants at the Border Now a Billion‐Dollar Business’, The New York Times, 25 July 2022. Available From: https://www.nytimes.com/2022/07/25/us/migrant‐smuggling‐evolution.html. [4 April 2023]; Polaris and Consejo Ciudadano Cuidad de Mexico 2019, Fighting Human Trafficking Across the U.S.‐Mexico Border. Available from: https://polarisproject.org/wp‐content/uploads/2019/09/Consejo‐2Pager‐ENG.pdf. [14 May 2023].
47 Gramlich, J 2020, Black imprisonment rate in the U.S. has fallen by a third since 2006, Pew Research Center. Available from: https://www.pewresearch.org/fact‐tank/2020/05/06/share‐of‐black‐white‐hispanic‐americans‐in‐prison‐2018‐vs‐2006/. [14 January 2022]; Hinton, E & Cook, D 2021, ‘The Mass Criminalization of Black Americans: A Historical Overview’, Annual Review of Criminology, vol. 4, no. 1, pp. 261‐286. Available from: https://www.annualreviews.org/doi/abs/10.1146/annurev‐criminol‐060520‐033306. DOI:10.1146/annurev‐criminol‐060520‐033306. [17 February 2022]; Forget, J 2021, ‘Violent drug organizations use human trafficking to expand profits’, United States Drug Enforcement Administration, 20 January 2021. Available From: https://www.dea.gov/stories/2021/2021‐01/2021‐01‐28/violent‐drug‐organizations‐use‐human‐trafficking‐expand‐profits. [10 May 2023]; Blackburn, M 2023, ‘Ban Taxpayer Funding of Cartel Traffickers’, Marcha Blackburn. U.S. Senator for Tennessee, 21 February. Available From: https://www.blackburn.senate.gov/2023/2/ban‐taxpayer‐funding‐of‐cartel‐traffickers. [10 May 2023].
48Creamer J, Shrider E, Burns K & Chen, F 2022, Poverty in the United States: 2021, U.S. Census Bureau. U.S. Department of Commerce. Available from: https://www.census.gov/content/dam/Census/library/publications/2022/demo/p60‐277.pdf. [14 May 2023].
49Human Trafficking Institute 2022, Federal Human Trafficking Report, pp. 4‐33. Available from: https://traffickinginstitute.org/wp‐content/uploads/2022/09/2021‐Federal‐Human‐Trafficking‐Report‐WEB‐1.pdf. [13 March 2023].
50Wolfe, J, Kandra, J, Engdahl, L and Shierholz, H 2020, Domestic Workers Chartbook. A comprehensive look at the demographics, wages, benefits, and poverty rates of the professionals who care for our family members and clean our homes, Economic Policy Institute. Available from: https://files.epi.org/pdf/194214.pdf. [10 March 2023].
51 As above; National Domestic Workers Alliance 2021, About Domestic Work. Domestic work makes all other work possible. Available from: https://www.domesticworkers.org/about‐domestic‐work/. [14 May 2023].
52Gostin, LO & Reingold, RB 2022, ‘Ending the constitutional right to abortion in the United States’, BMJ, vol. 378, p. o1897. Available from: https://www.bmj.com/content/bmj/378/bmj.o1897.full.pdf. DOI:10.1136/bmj.o1897. [14 May 2023].
53Polaris 2020, Crisis in Human Trafficking During the Pandemic. A snapshot: April 2020. Available from: https://polarisproject.org/wp‐content/uploads/2020/06/Crisis‐in‐Human‐Trafficking‐During‐the‐Pandemic.pdf. [13 March 2023].
54 Reiss, F 2021, Child marriage in the United States: prevalence and implications, Journal of Adolescent Health, 69(6), pp.S8‐S10.
55Human Trafficking Institute 2021, Federal Human Trafficking Report, p. 25. Available from: https://traffickinginstitute.org/wp‐content/uploads/2022/09/2021‐Federal‐Human‐Trafficking‐Report‐WEB‐1.pdf. [13 March 2023].
56 Junewicz, A, Sohn, IE & Walts, KK 2022, ‘COVID‐19 and Youth Who Have Experienced Commercial Sexual Exploitation: A Role for Child Mental Health Professionals During and in the Aftermath of a Pandemic’, J Am Acad Child Adolesc Psychiatry, vol. 61, no. 9, pp. 1071‐1073. Available from: https://www.ncbi.nlm.nih.gov/pmc/articles/PMC8959778/. DOI:doi: 10.1016/j.jaac.2022.03.015. [14 March 2023].
57The World Bank 2021, Data. United States. Available from: https://data.worldbank.org/country/united‐states?view=chart. [4 April 2023].
58Polaris, 2017, National Human Trafficking Hotline. Available here: http://polarisproject.org/get‐assistance/national‐human‐trafficking‐hotline [October 22, 2017].
59Office to Monitor and Combat Trafficking in Persons 2022, Trafficking in Persons Report. United States of America Country Narrative, pp. 574‐582. Available from: https://www.state.gov/wp‐content/uploads/2022/10/20221020‐2022‐TIP‐Report.pdf. [13 May 2022].
60As above
61Mccoy, S 2022, ‘Legislative Update Series: Federal Legislation’, Shared Hope International, 31 August 2022. Available From: https://sharedhope.org/2022/08/31/legislative‐update‐series‐federal‐legislation/. [15 March 2023].
62 The United States Constitution, 1865 (Amendment XIII) (United States)
63Victims of Trafficking and Violence Protection Act, 2000 (United States) 1590
64US Code, 2001 (United States) section 1589
65US Code, 2001 (United States) section 1591
66Division A Sec 102 (19) of the TVPA
67Shared Hope International & Center for Justice & Advocacy 2017, National State Law Survey: Non‐Criminalisation of Child Sex Trafficking Victims. Available from: http://sharedhope.org/wp‐content/uploads/2016/03/NSL_Survey_Non‐Criminalization‐of‐Juvenile‐Sex‐Trafficking‐Victims.pdf. [5 July 2018]; Mccoy, S 2022, ‘Legislative Update Series: State Non‐criminalization Laws’, 15 June 2022. Available From: https://sharedhope.org/2022/06/15/state‐non‐criminalization‐laws/. [15 March 2023]; Office to Monitor and Combat Trafficking in Persons 2022, Trafficking in Persons Report. United States of America Country Narrative, pp. 574‐582. Available from: https://www.state.gov/wp‐content/uploads/2022/10/20221020‐2022‐TIP‐Report.pdf. [13 May 2022].
68Office of Juvenile Justice and Delinquency Prevention 2020, Law Enforcement & Juvenile Crime. Available from: https://www.ojjdp.gov/ojstatbb/crime/ucr.asp?table_in=1. [15 March 2023].
69States that do not have an age floor to marriage in the US include: California, Massachusetts, Michigan, Mississippi, New Mexico, Oklahoma, Washington and West Virginia. Tahirih Justice Centre 2021, ‘Understanding State Statutes on Minimum Marriage Age and Exceptions’, 26 August. Available from: https://www.tahirih.org/wp‐content/uploads/2021/09/August‐2021‐State‐Statutory‐Compilation‐1.pdf [15 May 2023].
70Tahirih Justice Center Forced Marriage Initiative 2022, Time to Lead: The Federal Government’s Role in Ending Child Marriage in the United States, p. 4. Available from: https://www.tahirih.org/wp‐content/uploads/2023/01/Time‐to‐Lead_Fed‐Govt‐Role‐in‐Ending‐Child‐Marriage_Final_January‐2022.pdf. [15 March 2023]; Committee on Homeland Security and Governmental Affairs 2019, How the U.S. Immigration System Encourages Child Marriages, United States Senate. Available from: https://www.hsgac.senate.gov/wp‐content/uploads/imo/media/doc/Child%20Marriage%20staff%20report%201%209%202019%20EMBARGOED.pdf. [15 March 2023].
71Alaska, North Carolina, Idaho, Maine, Arkansas, Colorado, Louisiana, New Hampshire, Utah, Arizona, Missouri and Wyoming have set an age‐floor to marriage at 16‐years; Maryland, Nevada, Florida and Tennessee have set statutory‐age floor to marriage at 17 years. Tahirih Justice Center Forced Marriage Initiative 2022, What are states doing to address child marriage? Available from: https://www.tahirih.org/wp‐content/uploads/2022/11/November‐2022‐States‐CM‐Reforms.pdf. [14 March 2023]; Tahirih Justice Center 2023, ‘Wyoming Takes Steps to Limit Child Marriage’, 28 February 2023. Available From: https://www.tahirih.org/news/wyoming‐takes‐steps‐to‐limit‐child‐marriage/. [6 April 2023].
72Virginia, Texas, Kentucky, Ohio, Georgia and Indiana, have set the minimum age to marry as 18 years, except for emancipated minors. Tahirih Justice Center Forced Marriage Initiative 2022, What are states doing to address child marriage? Available from: https://www.tahirih.org/wp‐content/uploads/2022/11/November‐2022‐States‐CM‐Reforms.pdf. [14 March 2023].
73 Massachusetts, New York, Rhode Island, Minnesota, Pennsylvania, Delaware and New Jersey have established 18 years as the minimum age of marriage without exceptions. As above
74Office to Monitor and Combat Trafficking in Persons 2020, Trafficking in Persons Report: United States Country Narrative, United States Department of State, pp. 515‐523. Available from: https://www.state.gov/wp‐content/uploads/2020/06/2020‐TIP‐Report‐Complete‐062420‐FINAL.pdf. [10 May 2023].
75Field sources
76The White House, W 2021, The National Action Plan to Combat Human Trafficking, United States Government. Available from: https://www.whitehouse.gov/wp‐content/uploads/2021/12/National‐Action‐Plan‐to‐Combat‐Human‐Trafficking.pdf. [15 March 2023].
77Office of Public Affairs 2021, ‘Justice Department Awards Nearly $87 Million to Combat Trafficking and Help Victims, United States Department of Justice, 23 December. Available from: https://www.justice.gov/opa/pr/justice‐department‐awards‐nearly‐87‐million‐combat‐human‐trafficking‐and‐help‐victims [22 May 2023].
78H.R.4826 ‐ Domestic Workers Bill of Rights Act, 2021
79National Domestic Workers Alliance 2023, Passed Legislation. States and cities with a Domestic Workers Bill of Rights. Available from: https://www.domesticworkers.org/programs‐and‐campaigns/developing‐policy‐solutions/bill‐of‐rights/passed‐legislation/. [7 March 2023].
80Farmworker Justice 2023, H‐2A Guestworker Program. Available from: https://www.farmworkerjustice.org/advocacy_program/h‐2a‐guestworker‐program/ [22 May 2023]; Farmworker Justice 2023, H‐2B Guestworker Program. Available from: farmworkerjustice.org/advocacy_program/h‐2b‐guestworker‐program/ [22 May 2023].
81Bier, DJ 2021, ‘USCIS Should Create a Grace Period for H‐2 Workers to Find New Jobs’, CATO Institute. Available from: https://www.cato.org/blog/uscis‐should‐create‐grace‐period‐h‐2‐workers‐find‐new‐jobs [22 May 2023];
82Office to Monitor and Combat Trafficking in Persons 2021, Trafficking in Persons Report: United States country narrative, United States Department of State. Available from: https://www.state.gov/reports/2021‐trafficking‐in‐persons‐report/united‐states/. [19 August 2021].
832023, ‘What is Title 42, and what’s next for migrants to the US?’, The Guardian, 12 May. Available From: https://www.theguardian.com/us‐news/2023/may/11/what‐is‐title‐42‐explainer‐immigration. [14 May 2023]; Marisol Chávez in Ciudad Juarez and agencies 2023, ‘Strict new rules come into force at US‐Mexico border as Title 42 immigration ban expires’, The Guardian, 12 May. Available From: https://www.theguardian.com/us‐news/2023/may/12/strict‐new‐rules‐come‐into‐force‐at‐us‐mexico‐border‐as‐title‐42‐immigration‐ban‐expires. [14 May 2023].
84Title 19 – Customs Duties, Chapter 4 – U.S. Tariff Act of 1930
85Bureau of International Labor Affairs 2022, List of Goods Produced by Child Labor or Forced Labor, United States Department of Labor. Available from: https://www.dol.gov/agencies/ilab/reports/child‐labor/list‐of‐goods‐print#:~:text=The%20most%20common%20agricultural%20goods,and%20diamonds%20are%20most%20common. [22 May 2023].
86Blinken, JA 2022, ‘Implementation of the Uyghur Forced Labour Prevention Act’, United States Department of State, 21 June. Available From: https://www.state.gov/implementation‐of‐the‐uyghur‐forced‐labor‐prevention‐act/. [15 March 2023].
87H.R.6279 Business Supply Chain Transparency on Trafficking and Slavery Act of 2020 (Congress of the United States Government)