ASBA Update From Washington

As an ASBA member, you now have free access to news and updates on important issues from our legislative team in Washington DC.

July 2007
by James C. Musser, ASBA Washington Representative

Once or twice each year the focus of this column shifts from the specific issues affecting seniors and the small business community to look at a larger issue of importance to all of us as Americans. Today we face a serious problem that too few Americans even realize still exists. That problem is human trafficking or, as it is more commonly known, modern slavery. When one hears of slavery in modern times the tendency is to think of it as something that happens far away. Recent headlines have conveyed stories of slave rings in China, the Middle East and Africa. However, the sad reality is that the United States also suffers from many incidents of modern slavery.

Congress has sought to draw attention to the problem of modern slavery. In commemoration of the 200th anniversary of the abolition of the British slave trade and the Royal Navy's valiant effort to stop the sale of human beings, the House passed H. Res. 158 by a rare unanimous vote, on May 1, 2007, and the Senate is considering similar legislation. While the modern slavery that Congress is seeking to end bears little resemblance to the scourge of government-approved chattel slavery that was abolished in the 1860s, the modern form is equally invidious.

The Department of Justice has also stepped up efforts to confront the growing number of cases of domestic servitude. While many of the cases of modern slavery are in our larger cities, notably New York and San Francisco, cases have been reported in places like Wisconsin, Kentucky and Arkansas. Typically the person held in bondage has been brought into the country from Latin America, China, the Philippines or Eastern Europe. Often they are told that they will be taken to the United States for a price, which could be money or sexual services, but once they have been smuggled into the country they are not allowed to leave the smuggler. Threats to kill the person or their family back in the home country are typical means of holding the person against their will.

The circumstances vary widely for each of the unfortunate individuals who find themselves being held against their will as domestic servants, sweatshop workers or, equally often, as prostitutes or sex slaves. However, the common thread in solving these cases has been an alert neighbor or business owner who has noticed unusual circumstances and been brave enough to report it to the authorities. Neighbors noticing a teenager working in the yard down the street at the time he should be in school or seeing numerous men coming and going from a particular apartment or store front at all hours of the day and night have led to successful prosecutions of hundreds of these cases. It is unlikely that the FBI would be able to simply knock on the door and ask if there are any slaves being held. All of us must make the effort to be aware of anything unusual happening around us.

You, gentle reader, can make all the difference in the life of someone being held in modern slavery. If you suspect someone is being held against their will, contact the U.S. Department of Health and Human Services on the Tracking Information and Referral Hotline at 1-888-373-7888. The call is toll free. You may also contact the U.S. Department of Justice on their toll-free hotline to report suspected cases of human trafficking. The Department of Justice hotline is 1-888-428-7581.

Check back each month for the latest from our nation's capital. ASBA will be closely monitoring all the issues affecting you and your family.

James C. Musser, Esq. is a legislative consultant based in Falls Church, Virginia. His reports are updated monthly.