Continue efforts to comprehensively address labor trafficking in the United States, including identification of and provision of services to labor trafficking victims. * Enhance and expand screening for both sex and labor trafficking indicators throughout the juvenile justice, immigration, criminal justice, and child welfare systems. * Assess government systems and programs to advance equity to prevent human trafficking of underserved communities. * Improve access to emergency, transitional, and longer-term housing for all trafficking survivors. * Increase access to and accessibility of specialized services for all survivors that are tailored to the unique needs of individual survivors. * Increase oversight and address structural weaknesses of temporary worker or other nonimmigrant U.S. visa programs to decrease vulnerabilities to trafficking. * Significantly increase the number of requests for Continued Presence; and implement a routine process for bona fide determinations for T nonimmigrant status applications as outlined in U.S. law. * Shorten processing times for trafficking-related immigration benefits and remove barriers for victims to obtain those benefits. * Encourage federal, state, local, and tribal authorities to implement effective policies to ensure victims are not inappropriately penalized solely for unlawful acts committed as a direct result of being trafficked; and support federal legislation to allow victims, in appropriate cases, to vacate federal convictions for such acts. * Ensure prosecutors take all necessary steps to request mandatory restitution orders in trafficking prosecutions and use all available authorities to ensure restitution is paid. * Increase meaningful engagement with survivors by incorporating survivor input into all stages of anti-trafficking efforts and establishing accessible mechanisms for providing compensation. * Strengthen efforts to address demand for all forms of human trafficking. * Explore mechanisms for providing debt relief to survivors of human trafficking whose debt was a result of their trafficking situation. * Increase resources for legal representation and in-person wellness checks to all unaccompanied children and for expanding worksite health and safety inspections, including inspections for indicators of forced child labor. * Partner with tribal communities, tribal governments, and relevant stakeholders to comprehensively address human trafficking in American Indian and Alaska Native (AI/AN) communities; and provide increased funding and enhance efforts to support both urgent and long-term needs of these communities. * Maximize protections for all individuals seeking asylum, including victims of or those at risk of human trafficking, through comprehensive screening, victim-centered, trauma-informed interviews, including credible fear interviews, and expedited timelines.

As described in the Methodology section of this report, these recommendations were drawn from input solicited from multiple anti-trafficking stakeholders, such as advocates (which includes NGOs and subject matter experts who have survived human trafficking), academia, and government agencies, on how the United States could better meet the minimum standards set forth in the TVPA.

The government maintained prosecution efforts.  The TVPA, as amended and codified at Title 18 U.S. Code sections 1581, et seq., criminalizes sex and labor trafficking.  U.S. law confers extraterritorial jurisdiction for these human trafficking offenses, as long as the defendant (whether individual or entity) is a U.S. national, a U.S. lawful permanent resident, or present in the United States, regardless of the defendant’s nationality.  The penalties prescribed under these provisions, which can include up to life imprisonment, are sufficiently stringent and, with respect to sex trafficking, commensurate with the penalties prescribed for other grave crimes, such as rape.  U.S. law prohibits conspiracy and the attempt to violate these provisions, obstruction of the statutes’ enforcement, and knowingly benefiting, financially or by receiving anything of value, from participation in a venture that has engaged in such acts.  Additionally, a criminal statute prohibits the use of fraud to recruit, solicit, or hire workers abroad to come to the United States to work, or to recruit workers to work on a U.S. government contract performed outside the United States, on U.S. property, or on military installations outside the United States. No significant federal criminal laws addressing trafficking in persons were passed during the reporting period.

The Department of Justice (DOJ), the Department of Homeland Security (DHS), and the Department of State (State) are the primary investigating agencies for federal human trafficking and other related offenses, with the Department of Defense (DoD) enforcing the Uniform Code of Military Justice (UCMJ) provisions that prohibit armed forces personnel from engaging in commercial sex, child abuse, child exploitation, or the UCMJ’s “General Article,” which prohibits – among other things – violating any criminal provision of the U.S. Code (other than a capital offense), including fraud in foreign labor contracting and misuse of a passport.  The Department of Labor (DOL)’s inspector general uses its authority to criminally investigate labor trafficking offenses related to DOL programs, including offenses that involve unscrupulous employers who circumvent DOL foreign labor certification programs.  DOJ prosecutes federal human trafficking cases.  DOJ, DHS, and State support victims by engaging law enforcement victim assistance specialists during trafficking investigations and prosecutions, including by connecting identified victims to victim service providers.  In Fiscal Year (FY) 2023, DHS forensic interview specialists conducted 2,085 forensic interviews; it is unknown how many were related to human trafficking specifically.  DHS victim assistance specialists assisted 731 victims of human trafficking, a decrease from 765 in FY 2022. DOJ forensic interview specialists conducted 150 human trafficking forensic interviews of victims, a decrease from 179 in FY 2022, and DOJ’s 173 victim specialists provided services to human trafficking victims in 550 cases, compared with 171 victim specialists and 599 cases in FY 2022. State performed outreach overseas and domestically to approximately 275 individuals identified as human trafficking victims in investigations.

Through a forced labor initiative the government launched in the prior reporting period to improve its ability to identify and prosecute federal criminal forced labor violations, DOJ, in collaboration with DHS and DOL, continued to advance criminal investigations and prosecutions of forced labor and related crimes in multiple jurisdictions. This forced labor initiative intensified its focus on forced child labor by identifying jurisdictions with elevated forced child labor threats and coordinating interagency criminal investigations and prosecutions of forced child labor crimes. The initiative also focused on a special analysis of complaints regarding the potential trafficking of unaccompanied children who had crossed the U.S.-Mexico border.

DOJ and DHS continued to advance bilateral investigations and prosecutions of transnational trafficking enterprises operating across the U.S.-Mexico border by exchanging expertise among U.S. and Mexican anti-trafficking and anti-money laundering authorities; pursuing and securing extraditions; and convicting defendants charged with operating extensive sex trafficking enterprises using deception, force, fraud, and coercion to lure vulnerable victims from Mexico and compel them into commercial sex in the United States.

The Department of the Treasury (Treasury) reported in 2024 on the use of virtual assets among other methods to make payments or transfer illicit proceeds from online child sexual exploitation and human trafficking. The report demonstrated an increase in financial institutions’ reporting of activity that traces convertible virtual currency to online sexual exploitation and human trafficking.

Advocates again called on federal, state, and local governments to redirect funding from law enforcement to community-led organizations to better support Black and Brown communities.  According to these advocates, law enforcement was more likely to perceive people of color as criminals rather than trafficking victims, inhibiting proper identification.  One NGO reported 45 percent of survivors it served in 2023 said they had been compelled to commit a crime as a direct result of being trafficked, and 53 percent of those survivors identified as Black.

A survey of 39 law enforcement officials, including 22 federally affiliated ones, and 82 service providers for trafficking survivors demonstrated differing perceptions of trust and cooperation between the two groups, with law enforcement officials viewing the relationship as very trustworthy and cooperative and service providers viewing it as only somewhat trustworthy and cooperative. A presidentially appointed survivor advisory council proposed that federal agencies and human trafficking task forces fund and collaborate with designated liaisons from the survivor community to more equitably support survivors from diverse backgrounds and communities, as well as improve law enforcement responses to trafficking. Moreover, the council called on the government to require Enhanced Collaborative Model (ECM) grantees to fund these new liaison positions to participate in ECM task forces to build community trust and partnerships and conduct public outreach. Advocates from Indigenous communities also called for increased communication between prosecutors, victim advocates, and families regarding investigations, so families are routinely updated on investigations, including human trafficking investigations.

The federal government reports its law enforcement data by fiscal year, which may include joint federal and state or local actions but does not include separate state or local law enforcement data.  In FY 2023, DHS opened 1,282 human trafficking investigations, a decrease from 1,373 in FY 2022.  Six of those investigations were of individuals and entities that may be benefiting from goods produced using forced labor overseas.  DOJ opened 664 human trafficking investigations in FY 2023, a decrease from 665 in FY 2022. (The FY 2022 number from DOJ (665) represents a correction to the number cited last year (668).) Of DOJ’s FY 2023 investigations, 588 involved predominantly sex trafficking and 76 involved predominantly labor trafficking, compared with 612 and 53, respectively, in FY 2022. In FY 2023, DOL’s inspector general opened 52 criminal investigative matters related to labor trafficking allegations, an increase from 24 criminal investigations it opened in FY 2022. In FY 2023, five DOL investigations led to forced labor charges. State reported investigating 230 human trafficking-related cases worldwide during FY 2023, an increase from 213 in FY 2022. In FY 2023, State opened 107 sex and labor trafficking investigations enabled by visa, passport, and other travel document fraud. The UCMJ does not explicitly prohibit human trafficking as defined under federal law. Allegations of exploitation and abuse, some of which may involve human trafficking indicators or potential human trafficking victims, are addressed under the UCMJ provisions that prohibit armed forces personnel from engaging in commercial sex, child abuse, child exploitation, or the UCMJ’s “General Article,” as described above. In FY 2023, DoD reported criminally investigating 230 cases potentially connected with human trafficking involving DoD military, civilian, and contractor personnel, compared with 98 cases in FY 2022; however, it is unclear how many of these cases involved human trafficking crimes.  Of the 230 cases that DoD investigated, 18 had some elements of forced labor and were opened as criminal investigations, but 17 of those cases ultimately did not constitute forced labor and were addressed through remedial measures. One case remained pending.

DOJ initiated 181 federal human trafficking prosecutions in FY 2023, an increase from 162 in FY 2022.  DOJ charged 258 defendants in FY 2023, a decrease from 310 defendants in FY 2022.  Of these FY 2023 prosecutions, 169 involved predominantly sex trafficking and 12 involved predominantly labor trafficking, compared with 155 and seven in FY 2022, respectively.  DOJ secured the convictions of 289 traffickers, an increase from 256 traffickers in FY 2022.  Of these, 258 involved predominantly sex trafficking and 31 involved predominantly labor trafficking, compared with 248 and eight in FY 2022, respectively, marking a significant increase in labor trafficking convictions over FY 2022.

These prosecutions and convictions included human trafficking cases charged under trafficking-specific criminal statutes and non-trafficking criminal statutes, but they did not include child sex trafficking cases brought under non-trafficking statutes.  Among the 240 traffickers sentenced to prison in cases brought under trafficking-specific criminal statutes, judges imposed terms ranging from two months’ to life imprisonment, with 85 percent of defendants receiving prison sentences of five or more years.  Three traffickers received a probation-only sentence, five received a fine-only sentence, and 24 received a suspended sentence.  This sentencing data came from federal courts, which tracked cases only by trafficking-specific criminal statutes, did not indicate all applicable charges when a defendant was charged with more than five offenses, and did not capture trafficking cases resolved by pleas to non-trafficking charges.

Federal human trafficking cases continued to involve predominantly sex trafficking although service providers reported assisting significant numbers of labor trafficking victims. Advocates called for more data collection of labor trafficking crimes at the federal level. In addition, advocates requested the government increase funding for child labor trafficking cases. Researchers of one study found numerous legal, institutional, and cultural barriers – such as lack of law enforcement training or complicated legal structures – may explain why relatively few labor trafficking cases lead to convictions, suggesting these barriers present early in the process and result in traffickers not being charged. The researchers recommended criminal justice agencies address resource gaps by providing training on coercion and control strategies in labor trafficking, training on trauma and victimization experiences, and access to translation services.

Advocates continued to call for federal prosecutors to consistently seek, and for courts to consistently award, mandatory restitution for both sex and labor trafficking cases, citing concerns about both the low number of cases in which it was ordered and the low rate of payment of restitution to trafficking victims consistent with restitution orders.  One NGO noted 48 percent of defendants convicted of a crime that triggered mandatory restitution were ordered to pay restitution in 2023, compared with 49 percent in 2022. Advocates again urged the government to use its available authorities to enforce compliance with restitution orders.

State laws form the basis of most criminal actions in the United States.  All U.S. states and territories have anti-trafficking criminal statutes. In addition to supporting investigations and prosecutions at the federal level, the government also supported investigations and prosecutions at the state and local levels.  In FY 2023, DOJ provided nearly $19 million to support the work of 10 ECM anti-trafficking task forces, which included awards to 10 state and local law enforcement agencies, 10 victim service providers, and two training and technical assistance providers, compared with $21.6 million for 15 ECM task forces in FY 2022 (15 state and local law enforcement agencies and 15 victim service providers).  All ECM task forces grantees, with the support of DOJ-funded ECM training and technical assistance partners, engaged in training, outreach, and awareness raising to improve their jurisdiction’s ability to increase the identification of victims of all forms of human trafficking and offer individualized services. Several federal agencies participated in other human trafficking task forces nationwide consisting of federal, state, and local law enforcement, as well as victim service providers.

The federal government continued to collect state, local, and tribal data on human trafficking investigations through the Uniform Crime Reporting Program (UCR Program), which includes data from participating jurisdictions of all 50 states.  In 2022, participating jurisdictions reported 1,862 sex trafficking incidents and 417 labor trafficking incidents, an increase from 1,782 and 336 in 2021, respectively.  (The FY 2021 numbers from the UCR (1,782 and 336) represent corrections to the numbers cited last year (1,548 and 294).) Not all agencies within all states have reported human trafficking data to the UCR Program.  There was no formal mechanism for the federal government to systematically track prosecutions at the state, local, and tribal levels.

Advocates maintained that trafficking victims continued to be arrested, charged, and convicted at the state and local levels solely for unlawful acts committed as a direct result of being trafficked, such as drug trafficking, identity theft, money laundering, and credit card fraud. Advocates recommended the government increase efforts to address and evaluate the intersection between the ongoing drug crisis in the United States and human trafficking, noting traffickers often exploit the addictive properties of controlled substances as a means of exerting coercion and control over victims. In one federal case highlighting this nexus, a man pleaded guilty to sex trafficking and racketeering after supplying victims with drugs such as fentanyl and methamphetamine and using their drug dependency, among other coercive means, to control them. In other cases, victims were allegedly coerced to sell or distribute drugs as a direct result of being trafficked. One NGO conducted a study of 18 children who experienced labor trafficking and found 13 of them were involved in drug distribution and several committed other types of crimes as a direct result of being trafficked. The NGO called on healthcare providers, social service professionals, and law enforcement officials to increase their awareness of youth who committed crimes as a direct result of being trafficked to better detect labor trafficking and prevent forced criminality among youth, including those who have committed crimes for several years.

An NGO-funded project reported 48 states had laws allowing survivors to seek a court order vacating, expunging, or sealing criminal convictions entered against them that resulted from unlawful acts committed while being trafficked.  (In the two previous reporting periods, the number cited was 48 but the correct number was 47.) In two of these states, however, such relief was only available to child trafficking victims.

Advocates continued to call for the adoption of federal vacatur legislation. Advocates noted concern about noncitizen trafficking victims who were charged with federal crimes as a direct result of being trafficked and then faced deportation, and they called for federal legislation that would provide criminal record relief to citizens and noncitizens.

Advocates also called for a public reporting mechanism on use of criminal record relief laws to better evaluate the effectiveness of state vacatur laws and determine what is needed to improve and to expand access.

One NGO noted some progress in 2023 since criminal records relief legislation passed in several states. The NGO called upon states with record relief laws to systematically track whether survivors are in fact able to have their records cleared. In addition, the NGO asserted all survivors of both sex and labor trafficking should have the same path to records relief, since some state laws restrict relief to sex trafficking victims and do not extend relief to labor trafficking victims. Some state laws gave judges more sentencing discretion in cases where sex trafficking victims committed crimes, including discretion to depart from mandatory minimum sentences, maximum sentences, or sentencing enhancement. One human trafficking survivor expressed support for a state law that gives judges more sentencing discretion and advocated its expansion as a standardized law to all states.

According to one NGO, only 29 states and the District of Columbia had laws prohibiting the prosecution of child trafficking victims for commercial sex.  That NGO noted only 18 states had laws prohibiting the prosecution of child sex trafficking victims for unlawful acts committed solely as a direct result of being trafficked and at least 31 states and the District of Columbia formally recognized all child sex trafficking victims as such, regardless of whether or not there was third-party control.

Media reported incidents of government personnel who were complicit in human trafficking crimes. Advocates criticized the federal government for not sufficiently penalizing a U.S. peacekeeper deployed to a UN peacekeeping mission in Mali in 2022, after it substantiated an allegation of sexual exploitation with trafficking indicators. Advocates reported instances of state and local law enforcement officers allegedly soliciting, sexually abusing, assaulting, or extorting identified or potential sex trafficking victims.  An internal DHS investigation in a prior reporting period confirmed certain law enforcement officers violated DHS policy by engaging in sexual acts with known or suspected victims of sex trafficking in the course of conducting criminal investigations.  A federal investigation of federal law enforcement officers involved in the incident has been completed and is closed.

Domestically, the U.S. government continued to build the capacity of law enforcement, judges, military personnel, labor inspectors, aviation industry personnel, and federal employees working in transportation, among others, to respond more effectively to human trafficking cases through trainings and workshops.

Advocates called for increased training across the criminal legal system on labor trafficking, including child labor trafficking. Advocates highlighted, in particular, that training provided to judges, law enforcement, and prosecutors should include training on laws prohibiting the prosecution of child trafficking victims. Advocates requested government officials collaborate with lived experience experts to develop training and resources for prosecutors and investigators on tactics traffickers use to coerce children into labor trafficking to better understand how children become vulnerable to labor trafficking and how traffickers target and lure children. In addition, advocates again called for increased and improved training of investigators, prosecutors, and judges on mandatory restitution.
HYPERLINK “https://www.state.gov/reports/2023-trafficking-in-persons-report/united-states” \l “section-3”

The government maintained overall protection efforts.  The government continued to identify trafficking victims and fund trafficking-specific services.  Certain federal agencies used formal procedures to identify victims and refer them to service providers.  DHS and DOJ continued to collaborate to establish a federal law enforcement screening protocol to identify human trafficking victims, as required by law. DOJ and DHS launched a working group, consisting of federal law enforcement, victim specialists, and policy personnel, to develop the screening protocol. The working group hosted a series of focus groups of domestic and foreign national survivors of forced labor and sex trafficking to ensure that the process was guided by the lived experiences of survivors. Federally funded trafficking-specific services, primarily through DOJ and HHS, served foreign national and domestic trafficking victims and included case management, mental health and medical care, substance use treatment, housing and shelter, translation and interpretation services, legal services, employment training and job placement services, transportation assistance, and financial assistance. DOJ and HHS record-keeping systems did not allow for cross-referencing to determine which victims were served by grantees of both agencies.

During FY 2023, DOJ provided approximately $84.5 million for 81 awards to support human trafficking victim assistance programs for domestic and foreign national victims across the United States, compared with $67 million for 82 awards in FY 2022.  Specific programs included $16.5 million for 18 housing assistance awards; $47 million for 44 victim service awards addressing a broad range of comprehensive and specialized service needs; $12 million for 13 awards to provide services to child victims of sex and labor trafficking; $4 million for three state governments to work with multi-disciplinary partners to improve outcomes for child victims; and $5 million for three training and technical assistance awards to improve identification of and assistance to trafficking victims nationwide, including for housing, legal services, and enhanced responses to labor trafficking. DOJ also made three awards totaling $2.45 million for human trafficking research and evaluation to better understand, prevent, and respond to trafficking in persons, focusing on projects that will affect U.S. criminal justice policy and practice.

In FY 2023, DOJ anti-trafficking grantees reported serving 10,235 new individuals, averaging a total of 7,160 confirmed or potential human trafficking victims served per quarter, an increase from 5,410 new individuals served and a quarterly average of 3,329 total individuals served in FY 2022. Of the new individuals served in FY 2023, 69 percent were confirmed or potential victims of sex trafficking, 19 percent were confirmed or potential victims of labor trafficking, 7 percent were identified as confirmed or potential victims of both sex and labor trafficking, and 5 percent did not specify the type of potential trafficking.

During FY 2023, HHS provided $14.9 million for services to domestic and foreign national victims of human trafficking, compared with $18 million in FY 2022.  To provide more specialized services, HHS separates its program for foreign national victims of human trafficking into two programs – one serving child victims of human trafficking and the other serving adult victims – and institutes a regional approach to facilitate victim identification and service provision. HHS awarded more than $6 million in new funding for the provision of case management services to foreign national victims to one NGO that contracted with a nationwide network of NGO sub-recipients, compared with $10 million in FY 2022 and $2 million in FY 2021.  Through this program, HHS served 1,577 individuals, a decrease from 4,023 individuals served the previous fiscal year. This decrease primarily reflected a change to the program and associated reporting, in which family members are now counted as a part of a victim’s household, as opposed to an individual case or individual served. Of the individuals served, 64 percent were victims of labor trafficking, 18 percent were victims of sex trafficking, 13 percent were identified as victims of both sex and labor trafficking, and the form of trafficking for 5 percent was unknown.  For the provision of case management services to domestic victims of human trafficking, HHS awarded more than $2.9 million, compared with $7 million in FY 2022 and $5.3 million in FY 2021, to nine recipients that served 823 trafficking victims in eight states through collaborative partnerships with three service providers, a decrease from 1,237 individuals served in 18 states the previous year.  HHS’s grant recipient reporting system was undergoing development during FY 2023 and details on the types of trafficking for domestic victims were unavailable.

In January 2024, the Consumer Financial Protection Bureau issued an advisory opinion that strengthened the efficacy of its 2022 human trafficking rule. The advisory opinion underscored certain obligations of consumer reporting agencies when preparing consumer reports that include background screenings, including for human trafficking survivors. Consumer reporting agencies must have procedures in place to prevent reporting of information that has been legally restricted from public access, including records that have been expunged or sealed, and to prevent reporting of obsolete criminal record information.

Advocates noted consumer reporting agencies had begun accepting requests to block adverse credit information accrued as a result of human trafficking, but it continued to express concern about barriers to access; a lack of assistance for survivors in preparing documentation, including legal assistance needed to obtain victim determination documentation; and awareness among consumer reporting agencies of the 2022 rule. If implemented fully, advocates noted the 2022 rule and the advisory opinion would help increase survivors’ access to employment, housing, and credit and to support long-term financial independence and stability. Relatedly, advocates reported that debt accrued as a result of trafficking was a significant barrier to survivors’ ability to gain stability and called on the government to provide additional financial support in the form of debt relief for victims of human trafficking who accrued debt as a result of their trafficking situation.
In January 2024, as a part of the process to develop standards of care for anti-trafficking service providers to promote evidence-based service standards to ensure consistent quality of care and reduce potential harm to trafficking survivors, DOJ and HHS called for stakeholder input to ensure the standards reflect the diversity of needs in the field. The feedback window closed in late February, and a working group began drafting the Standards of Care.

Pursuant to a 2022 law, the Department of Housing and Urban Development released a report assessing the availability and accessibility of housing and services for individuals experiencing homelessness or housing instability who are survivors of, or at risk of, human trafficking. The report highlighted the need for more flexible and dedicated resources, increased training and technical assistance, and better coordination across housing and service providers.

Advocates noted funding for victim services remained inadequate to cover the high cost of providing services and the increased demand for services.  Some federally funded services and organizations’ programs continued to focus on time-limited and immediate crisis intervention rather than long-term, holistic care.  Emergency, transitional, and longer-term housing options for trafficking survivors were limited, as demand and costs increased, exacerbating preexisting housing constraints.  In addition to this lack of availability, NGOs reported that common barriers to housing included a criminal record, debt, poor credit history, and lack of federal financial assistance for rent and other housing expenses. NGOs called attention to the need to increase the availability of safe and stable housing for child victims, especially boys; victims with substance use disorders and severe mental health concerns; victims of labor trafficking; LGBTQI+ victims; and victims with dependents. Advocates called for increased access to childcare; food; affordable housing; comprehensive health care, including reproductive care and mental health services; education; and job training for survivors.  Advocates called for the government to compensate and engage survivors in all aspects of anti-trafficking programming and policy and, in the development of new legislative proposals, and to act on survivor input.

Federal resources for specialized services continued to be insufficient for labor trafficking survivors, boys and men, LGBTQI+ persons, survivors struggling with substance use issues, persons with disabilities, and AI/AN peoples. Advocates called for the government to support trauma-informed, culturally competent, non-discriminatory, and victim-centered services tailored to the needs of victims and their dependent family members.  Advocates reported that efforts to identify victims of child labor trafficking in child welfare systems were inadequate, noting that a new law requires state child welfare authorities to collect data, train staff, and report on child labor trafficking. They called for better research on child labor trafficking and resources and guidelines on screening and appropriate service provision.  Advocates recommended that the government provide technical assistance to service providers to improve their ability to assess survivors for disabilities they had prior to their trafficking or that resulted from their trafficking and to ensure services are culturally competent, inclusive, flexible, and fully accessible to those with disabilities, regardless of immigration status.  Survivors with criminal records resulting from unlawful acts committed as a direct result of being trafficked continued to be excluded from employment, housing, and higher education; ineligible for government programs and immigration relief; and required to register as sex offenders; they also faced other difficulties meeting needs essential to their safety and recovery. To assist survivors in clearing their criminal records, advocates recommended the government increase funding for and access to pro bono legal services and pass federal vacatur legislation that would also apply to foreign nationals.  Advocates reported insufficient efforts to respond to child labor trafficking and urged the government to increase efforts to identify and respond to child labor trafficking to the same extent as child sex trafficking.

As part of HHS’s assistance to foreign national victims, HHS provides Certification Letters to foreign national adult victims of severe forms of trafficking in persons, which enables them to apply for benefits and services to the same extent as refugees, after DHS grants Continued Presence or when a victim has a bona fide or approved application for T nonimmigrant status, as described further below.  HHS also provides Eligibility or Interim Assistance Letters to foreign national children, which enables them to apply for benefits and services to the same extent as refugees, upon receipt of credible information the child is or may be a victim of a severe form of trafficking in persons under the TVPA.  HHS issued 584 Certification Letters to foreign national adults in FY 2023, a decrease from 731 in FY 2022 but an increase from 527 in FY 2021.  Of the 584 foreign national adults certified in FY 2023, 10 percent were sex trafficking victims, 76 percent were labor trafficking victims, 11 percent were victims of both sex and labor trafficking, and for 3 percent, the form of trafficking in persons was unspecified to HHS.  HHS issued 2,067 Eligibility Letters to foreign national children in FY 2023, a decrease from 2,226 in FY 2022 but an increase from 1,143 in FY 2021. (The FY 2022 number (2,226) represents a correction to the number cited last year (2,264).) Of the 2,067 foreign national children certified in FY 2023, 24 percent experienced sex trafficking, 67 percent experienced labor trafficking, and 3 percent experienced both labor and sex trafficking, and for 6 percent, the type of trafficking was unknown. Foreign national children currently in the United States who are identified as survivors of trafficking and receive an Eligibility Letter may also be eligible to participate in HHS’s Unaccompanied Refugee Minors Program.  This program requires states where the program operates to provide such child victims with the same range of assistance, care, and services available to children in that state’s domestic foster care.  The program also requires states to provide additional supports to address the unique needs of foreign national children.  In FY 2023, the program served 577 child trafficking victims, including 191 new enrollees, compared with 462 child trafficking victims that included 123 new enrollees in FY 2022.

DHS provides immigration options specifically for foreign national survivors of trafficking through Continued Presence, a temporary immigration designation, and T nonimmigrant status, a temporary immigration benefit (commonly referred to as the “T visa”).  Both immigration options strengthen law enforcement’s ability to detect, investigate, or prosecute human trafficking by offering foreign national survivors temporary immigration relief.  Another immigration benefit available to survivors of certain qualifying crimes, including human trafficking, is U nonimmigrant status (commonly referred to as the “U visa”).  This status can be granted to survivors who are, have been, or are likely to be helpful in the detection, investigation, prosecution, conviction, or sentencing of the qualifying criminal activity and meet other specific eligibility requirements.  DHS is unable to accurately track the number of approved petitions for U nonimmigrant status based on the specific underlying qualifying criminal activity, so it is unknown how many U nonimmigrant petitions were approved specifically for trafficking victims.

To qualify for Continued Presence, law enforcement must identify the foreign national individual as a human trafficking victim who may be a potential witness in the investigation or prosecution of the trafficker.  DHS manages all requests from federal, state, and local law enforcement for Continued Presence, authorizing foreign nationals identified by law enforcement as trafficking victims who may be potential witnesses to lawfully remain and work in the United States during the investigation and prosecution of the crime for two years, renewable in up to two-year increments.  In FY 2023, DHS granted 269 initial Continued Presence requests and 113 extensions, compared with 298 initial grants and 36 extensions in FY 2022.  Of the 382 total requests granted, 310 were related to forced labor, 67 were related to sex trafficking, and five were related to both. The median time to adjudicate Continued Presence applications was four days, compared with seven days in FY 2022, and more than 14 days in FY 2021. DHS continued outreach to stakeholders to increase awareness on submitting complete and accurate applications and dedicated more personnel to application adjudication.

To qualify for T nonimmigrant status, a foreign national applicant must demonstrate that they (1) are a victim of a severe form of trafficking in persons; (2) are physically present in the United States, in its territories and outlying possessions, or at a U.S. port of entry on account of trafficking; (3) have complied with reasonable requests from law enforcement, unless they are younger than the age of 18 or unable to cooperate due to trauma suffered; and (4) would suffer extreme hardship involving unusual and severe harm upon removal from the United States.  T nonimmigrant applicants may also apply for certain family members to receive derivative T nonimmigrant status, including certain extended family members who face a present danger of retaliation because of the principal applicant’s escape from trafficking or cooperation with law enforcement.  Individuals with T nonimmigrant status are authorized to work, and their derivative family members can apply for employment authorization. Both are eligible to receive certain benefits and services to the same extent as refugees.

T nonimmigrant status is granted for a period of four years and may be extended under certain limited circumstances.  After three years, or upon the completion of the investigation or prosecution (whichever period of time is shorter), individuals with T nonimmigrant status may apply for lawful permanent resident status, if they meet certain requirements, and eventually for U.S. citizenship.  DHS granted T nonimmigrant status to 2,181 victims and 1,495 family members in FY 2023, an increase from 1,715 victims and 1,319 family members in FY 2022.  The median processing time for T nonimmigrant status applications was 12.3 months in FY 2023, a decrease from 12.9 months in FY 2022, and 18 months in FY 2021.

The government issued new guidance on renewing requests for discretionary protection previously provided to workers who lack employment authorization and who have experienced violations of the law by exploitative employers or to cooperate in employment and labor standards investigations.

Advocates again noted improvements in DHS trainings, policies, and public outreach on human trafficking and immigration relief available to victims.  Advocates applauded that DHS had approved the highest number of applications for T nonimmigrant status in any fiscal year but were concerned about the number still pending. Advocates again reported significant obstacles to obtaining T nonimmigrant status.  Lengthy T nonimmigrant status processing times added vulnerabilities for survivors who lacked legal status and employment authorization or whose time-limited support services expired, and advocates reported that even when T nonimmigrant status had been approved, survivors faced long waits to obtain Social Security numbers from the Social Security Administration and, thus, public benefits.  Advocates again voiced concern that DHS does not routinely conduct bona fide determinations for T nonimmigrant status applications, which could allow applicants to receive deferred action from removal and employment authorization while they await final adjudication of their application. Advocates reported concerns that foreign national survivors often face administrative delays related to extraneous Requests for Evidence for their T nonimmigrant status application or had their T nonimmigrant status application denied due to unlawful acts committed as a direct result of being trafficked. Advocates continued to report this left trafficking victims in vulnerable situations, whether in immigration detention, unable to legally work, or at risk of removal, the latter of which would make them ineligible for T nonimmigrant status.  Advocates again called for DHS to improve training for adjudicators and incorporate input from survivors and other nongovernmental subject matter experts.  Advocates called for amendments to the law that requires certain survivors to cooperate with law enforcement to receive T nonimmigrant status, noting that fears of such cooperation leading to retaliation or deportation impacting victims or their families inhibited some victims from seeking the status.  Advocates also expressed concern about the low numbers of Continued Presence requests made by law enforcement, which leaves immigrant victims of human trafficking vulnerable, and recommended the federal government do more to increase the number of requests. Advocates again called for targeted training of federal and local law enforcement to ensure that requests for Continued Presence are issued as soon as trafficking victims are identified.

Advocates commended issuance of new guidance on deferred action for noncitizen workers who are victims of, or witness to, labor rights violations and exploitation to request temporary immigration protections to allow them to participate in a labor investigation or workplace dispute without fear of immigration-based retaliation by employers. Advocates reported that this led to better protections for noncitizen workers and accountability for exploitative employers; in addition, advocates noted that because traffickers use threats of the legal process to prevent workers from reporting abuse, deferred action empowers potential victims to report abuse and seek assistance. While commending these efforts, they also emphasized deferred action should not be used as a substitute for Continued Presence, which provides more protections for victims of human trafficking.

DHS is required to screen certain individuals for human trafficking, including unaccompanied children and some detained individuals.  In the case of foreign national adults apprehended, interdicted, or in detention pending removal from the United States, DHS does not mandate screening of such individuals for trafficking indicators but does conduct screening on some, and increased efforts to conduct screening.  To enhance protections for unaccompanied children and combat child trafficking, DHS and HHS share responsibility for the processing, treatment, care, placement, and discharge of unaccompanied children to vetted sponsors.  This includes a screening by DHS within 48 hours of apprehension, transfer of certain unaccompanied children to HHS custody within 72 hours, and placement by HHS in the least restrictive setting that is in the best interest of the child, until the child can be discharged to a vetted sponsor.  When unaccompanied children are placed in the care and custody of HHS, they are screened for human trafficking during the intake process. Pursuant to the TVPA, as amended, HHS conducts a thorough assessment to determine if a sponsor can provide for the child’s physical and mental wellbeing. Under the law, HHS must also conduct home studies for certain unaccompanied children, prior to release, including for those who have been a victim of severe forms of human trafficking. HHS’s custodial responsibilities end when a child is discharged from HHS care; however, every child and their sponsor receive safety and well-being calls and access to post-release services. If an HHS care provider identifies or suspects any safety concern, under HHS policies and procedures they are required to notify HHS and appropriate investigative agencies, including local law enforcement and child protective services. HHS expanded its post-release services and committed to further expand them to all children by the end of FY 2024, subject to availability of funding.  The law also requires every federal, state, and local official to refer any potential concerns of human trafficking on behalf of a foreign national child to HHS within 24 hours to assess whether the child is eligible for benefits and services to the same extent as a refugee. An internal HHS audit of sponsor vetting and placement processes for unaccompanied children published in June 2023 found HHS was meeting statutory requirements for the placement of unaccompanied children with vetted sponsors and, in some cases, including post-release services, exceeding statutory requirements. HHS also announced additional efforts to protect children in its care, including the creation of a new team responsible for assessing and addressing potential child exploitation risks for unaccompanied children.

Advocates and news outlets voiced concerns about the risk of labor trafficking and labor exploitation among unaccompanied children in U.S.-based worksites and noted the government was not doing enough to protect unaccompanied children from trafficking and exploitation.  Their concerns focused on sponsor vetting procedures, including the removal of some background check requirements for certain categories of sponsors during emergency operations, and on the services and follow-up children and sponsors receive from HHS upon release.  Advocates continued to report that though the law requires trafficking screening and the provision of age-appropriate services and protections, the government failed to fully implement these protections and provide comprehensive legal and social services to unaccompanied children released from HHS custody.  Advocates continued to recommend HHS provide services, such as case management and legal representation, to all unaccompanied children upon their release from its custody to better support them and subsequently decrease their vulnerability to human trafficking, and they called on Congress to increase funding for these services.  Advocates called on the federal government to increase information sharing mechanisms among DOL and HHS, as well as state, tribal, and local child welfare agencies related to U.S. companies subject to child labor-related enforcement actions, to help improve oversight of children at risk of labor trafficking in certain geographic locations. Advocates commended the federal government for continuing to prioritize placing unaccompanied children with family instead of in congregate care settings but called on HHS to reinstate comprehensive background checks for potential sponsors of unaccompanied children and require that all placements receive at least one timely in-person home visit to check on the child’s well-being. Advocates reported that the lack of legal representation for unaccompanied children makes them vulnerable to human trafficking and applauded HHS’ stated commitment to ensure legal representation to all unaccompanied children by 2027.

The government’s implementation of a public health order under Title 42 of the U.S. Code that authorized the government to suspend the introduction of certain migrants arriving to the northern and southwest border who would otherwise be introduced into a congregate setting expired in May 2023, and DHS returned to processing all noncitizens under Title 8 immigration authorities.  That same month, the federal government issued a new rule to incentivize noncitizens to use lawful, safe, and orderly pathways to enter the United States. The lawful pathways rule also imposed a rebuttable presumption of asylum ineligibility for certain noncitizens who enter the United States from Mexico at the southwest border or adjacent coastal borders without authorization and without having availed themselves of existing lawful pathways, unless they meet limited exceptions or demonstrate exceptionally compelling circumstances, such as if they or a family member with whom they traveled satisfy the definition of victim of a severe form of trafficking in persons. Noncitizens who are subject to the lawful pathways rule must either establish an exception or demonstrate compelling circumstances to rebut the rule’s presumption of asylum ineligibility. Otherwise, noncitizens may be eligible for protection if they can show a reasonable possibility they will face persecution or torture in the country of removal.

Advocates expressed concern about the rule’s provisions, stating there were barriers to accessing asylum requests due to a new government policy of requiring individuals seeking asylum to schedule an appointment via a government mobile phone application. Advocates noted that, even when individuals could access the application, appointments were extremely limited, meaning asylum-seekers were routinely left waiting for long periods in Mexico, often in makeshift encampments, with unmet basic needs, exposed to dangerous conditions and violence, and at risk of human trafficking. Advocates also criticized the reinstatement of policies under which credible fear interviews are conducted using a higher screening standard when the noncitizen is subject to the lawful pathways rule and has not established an exception or rebutted the presumption, using methods that are not victim-centered or trauma-informed, and with expedited removal as the penalty for failure to establish credible fear. Advocates called on the government to conduct human trafficking screening for all migrants at the U.S.-Mexico border and called for access to asylum at all ports of entry, including for those without appointments. Advocates also called on Congress to increase funding for asylum adjudication to allow for faster processing and to increase access to legal counsel for asylum-seekers.

More broadly, advocates also continued to report that foreign national victims remained in trafficking situations because they were afraid to report their cases to law enforcement, pursue immigration options, or seek services for fear of deportation and job loss, among other reasons. Advocates called on DHS and DOJ to develop congressionally mandated victim screening protocols, in coordination with survivors and service providers, and implement screening throughout the juvenile justice, immigration, criminal justice, and child welfare systems.

The U.S. government continued to provide training, both directly and through NGO partnerships, for federal, state, local, and tribal officials, as well as for NGO service providers, health and human service providers, and legal service providers to encourage more consistent application of victim-centered, trauma-informed, and culturally responsive approaches in all phases of victim identification, assistance, service delivery, and participation in the criminal justice process, including criminal record relief assistance.

The government increased efforts to prevent trafficking. The government continued to implement a comprehensive three-year NAP to combat human trafficking. The government’s interagency task force continued to report on agency accomplishments and future efforts and again invited a member of the presidentially appointed survivor advisory council to join its meeting to provide survivor perspectives and expertise. In June 2023, DOJ released its national strategy for preventing child exploitation and interdiction, which highlights the growing online threat to children and emphasizes efforts, goals, and proposed solutions to prevent and stop child sexual exploitation. Along with this strategy, DOJ publicly released expert reports on child exploitation topics, including child sex trafficking in the United States, and livestreaming and virtual child sex trafficking. In FY 2023, Congress made available more than $116 million in foreign assistance resources to State and the United States Agency for International Development (USAID) to support international anti-trafficking initiatives in countries in every region of the world, a $10 million increase over FY 2022.

HHS continued to fund an NGO to operate the national human trafficking hotline. In FY 2023, the hotline received reports of 9,877 potential trafficking cases referencing 9,432 potential victims.  Fifty-seven percent of cases reported to the hotline were potential sex trafficking cases, 16 percent were potential labor trafficking, 11 percent were both potential sex and labor trafficking cases, and the type of potential trafficking was not specified for 16 percent. DOJ made seven FY 2023 awards to support prevention and early intervention services for girls who are at risk of, or are victims of, sex and/or labor trafficking, totaling $4.5 million.

HHS continued to fund local education agencies to develop and implement programs to prevent human trafficking victimization through skills-based prevention education for school staff, students, and caregivers. In FY 2023, the grant program implemented human trafficking prevention training in 414 schools for 2,313 educators and 23,925 students (an increase from 329 schools and 16,497 students in FY 2022). At least 76 students were identified as potential victims of trafficking in FY 2023 (an increase from 50 students in FY 2022).

The government continued public outreach measures on the causes and consequences of human trafficking and continued to seek and incorporate survivors’ expertise into policies and programs. In August 2023, HHS hosted a human trafficking prevention summit that included leaders across federal, state, tribal, local, and territorial governments; business, industry, and other private sector entities; NGOs; and philanthropic, faithbased, and research organizations. Experts across multiple sectors discussed best practices and lessons learned in efforts to prevent human trafficking and related forms of violence. In-person attendees and speakers included those with lived experience in human trafficking. Findings from the summit informed a national prevention framework released in February 2024.

The government provided funding, materials, and trainings related to human trafficking – including on trauma-informed and victim-centered approaches – to federal grantees, school communities, public health providers, child welfare system staff, public and private sector transportation stakeholders, private sector industry professionals, and federal government acquisitions personnel, among others. The government also conducted public outreach to millions of people through its websites, social media, and speaking engagements. The government continued prevention efforts through trafficking awareness training to staff of programs providing job training, education, career services, and skill development, including to low-income youth ages 16 to 24 who dropped out of high school and to migrant and seasonal farmworkers. In August 2023, a DHS-funded research report highlighted challenges and opportunities for improvement of current human trafficking awareness efforts in the United States. In response to a legislative mandate to conduct a national prevalence estimate, DOJ met with researchers, service providers, survivors, and other stakeholders in January 2024 to set priorities in the development of prevalence research methodologies.

Advocates continued to urge the government to evaluate the effectiveness of anti-trafficking outreach efforts. Advocates called on the government to evaluate its human trafficking trainings and educational materials to make sure they are survivor-informed, tailored to the industry of those being trained, and designed to increase awareness among law enforcement and social service providers so they are better equipped to accurately identify and assist trafficking victims without causing them harm. Advocates noted the lack of prevalence data remained a barrier to effective anti-trafficking prevention efforts and that the government did not publish a report on prevalence in the United States as required by law. Advocates called for the government to fund and implement local and national prevalence studies, in collaboration with researchers, local institutions, and survivors, to increase understanding of the nature and scope of human trafficking and better target anti-trafficking prevention efforts.

Advocates continued to call for the government to prioritize a more comprehensive and proactive approach to address the factors and conditions – including those created by government policies or structures like the criminal justice system, immigration system, housing, and healthcare – that increase vulnerabilities to human trafficking. Advocates again called for the government to further examine racism, discrimination, and poverty as root causes. Many workers in domestic work and agricultural sectors remained specifically excluded from financial systems and were more likely to use and be subjected to the high interest rates and high fees of non-banking services, such as payday loans and check cashing services, than the average U.S. population. Advocates also identified recent migration and relocation, unstable housing, economic hardship, and substance use disorder as other top risk factors for labor trafficking.

DOL, DHS, and State screen and approve employers and workers for temporary foreign worker programs to ensure compliance with program requirements, including worker protections. To reduce workers’ vulnerability to exploitation, including human trafficking, the United States bars employers participating in these programs and/or their agents from seeking or receiving payments from workers for any activities related to obtaining labor certification or employment. In addition, the government can use the criminal statute that prohibits the use of fraud to recruit, solicit, or hire workers abroad to come to the United States to work to hold employers and their agents criminally responsible for abusive employment practices commonly associated with forced labor.

For the third year in a row, State extended its interview waiver authorities for certain first-time H-2 visa applicants, which again reduced the government’s ability to ensure applicants received information about their rights. The government continued to expand access to legal migration pathways. DHS and DOL jointly published a temporary final rule increasing the numerical limit (or cap) on H-2B nonimmigrant visas by up to 64,716 additional visas for FY 2024. The government also issued 310,676 H-2A visas and 131,704 H-2B visas in FY 2023, compared with 298,336 H-2A visas and 124,644 H-2B visas in FY 2022.

In September 2023, DHS took steps to update regulations that strengthen protections for H-2A and H-2B workers from exploitative conduct by employers, and to strengthen prohibitions on, and consequences of, prohibited fees being collected by employers or recruiters at any time from H-2 workers.

DOJ initiated two prosecutions for fraud in foreign labor contracting and obtained two such convictions in FY 2023.

In October 2023, the government released its taskforce report on H-2B worker protections to address threats to program integrity and the fundamental vulnerabilities of H-2B workers and announced action items to protect H-2B and H-2A workers engaged in labor disputes with their employers. Already completed items include: new guidance that enables these workers and others to request a subsequent period of deferred action for an additional two years; DHS’s new quarterly engagements with labor enforcement agencies regarding the criteria and process for requesting parole for workers outside the United States who are willing and needed to support an investigative or other enforcement interest; guidance being provided to consular posts detailing how to improve detection and combat prohibited practices to protect temporary workers; and a partnership with Northern Central American countries to establish a regional response to combat fraudulent recruitment practices.

Oversight of temporary worker and other nonimmigrant visa programs remained weak, and structural conditions embedded in some of these programs continued to enable human traffickers – employers, labor contractors, or agents – to maintain control of workers. Advocates again stated the government’s expansion of the H-2 visa program without having first comprehensively addressed insufficient oversight and the longstanding structural weaknesses of it placed workers at greater risk to human trafficking. An NGO reported that between July 2021 and September 2023, 82 percent of 1,428 H-2A visa holders surveyed regarding their working conditions reported experiencing at least one exploitative tactic of force, fraud, or coercion. Advocates continued to call for legal and regulatory changes to uncouple temporary employment visas from an employer or sponsor. NGOs again recommended the government develop a more comprehensive public database with real-time information in multiple languages to enable workers to verify the existence of a job, find and apply for jobs directly, and access information about the job and their rights. NGOs stated DOL’s screening process of potential H-2 employers was inadequate and called for DOL to implement a more thorough evaluation of all potential employers to uncover any prior violations of labor, civil rights, or anti-discrimination laws and for DOL to debar employers with a record of such violations from hiring through the H-2 program. One NGO previously shared it received reports from H-2B workers that they did not receive the “Know Your Rights” pamphlet and recruiters received workers’ passports from the U.S. government and removed the pamphlet before workers could read it. An NGO called on State to reduce its use of interview waivers for nonimmigrant visa applicants and urged the government to partner with nonprofits to distribute the “Know Your Rights” pamphlet and other materials to internationally recruited workers before their arrival in the United States. Advocates called for the government to protect workers who report abuse by employers from retaliation or harm by providing sufficient funding and support for relocation and living expenses of trafficking survivors and witnesses vulnerable to retaliation.

Formal and informal recruiters, labor contractors, and agents continued to charge workers prohibited fees, and the government’s enforcement of the ban on worker-paid recruitment fees and other prohibited practices meant to prevent workers from experiencing situations of heightened risk to human trafficking remained weak. NGOs continued to urge the government to impose a legal standard of strict liability for H-2 employers for all illegal fees and costs charged to their workers throughout their recruitment chain. NGOs again called for the government to increase transparency of the recruitment process, prioritize holding accountable employers and farm labor contractors, as well as their agents who have exploited workers and violated visa program regulations, and pass federal legislation to regulate foreign labor recruitment, including through the creation of a public registry of certified labor recruiters.

State continued its oversight of the Exchange Visitor Program (EVP), across 15 educational and cultural exchange categories. Some of these J-1 visa exchange visitor visa categories include a work component. State monitors all exchange visitors to help safeguard their health, safety, and welfare and to identify and investigate program fraud and abuse. State continued to provide a hotline for exchange visitors and third parties who have concerns with a participant’s EVP experience, including issues with sponsoring organizations; it improved its J-1 training for responding duty officers. In FY 2023, State conducted 4,315 case reviews involving exchange visitor incidents, complaints, wellness checks, and sponsor reviews.  State increased its virtual and in-person monitoring in 2023, reaching more than 170,000 exchange visitors. It completed 23 in-person monitoring visits, which occurred as a result of virtual monitoring and reports to the J-1 hotline. State conducted 133 individual sponsor meetings and other sponsor outreach to discuss the administration of EVPs, best practices, and how to improve regulatory compliance.  State continued to raise awareness of sponsors’ reporting obligations concerning their programs.  It continued to liaise and collaborate with law enforcement on criminal investigations relating to the EVP. No sponsors received sanctions for trafficking or trafficking-related crimes during FY 2023.

One NGO reported the need for agencies to collect and publish consistent data for all temporary visa categories that permit work, including all categories of the J-1 program, to assist in identifying areas for congressional, administrative, and judicial action.

State and the U.S. Mission to the UN continued to implement their respective domestic worker in-person registration programs for A-3 and G-5 visa holders employed by foreign mission and international organization personnel in the United States. Following an investigation into trafficking allegations involving a Spanish diplomat in the United States that occurred during previous reporting periods, the government did not bring criminal charges, but it did require departure from the United States of the individual by July 2023.

Survivors reported to an NGO that often traffickers remain at large, and when they are apprehended and convicted, courts do not order the sentence or penalty required by law, or the traffickers are not held accountable to pay restitutions or lost wages as ordered. As a result, survivors do not trust these systems nor believe traffickers are held accountable, especially in cases where the alleged trafficker was a foreign diplomat with immunity. An NGO recommended that the government use all of its authorities to ensure that restitution is paid to survivors in all cases, including cases involving foreign diplomats, through the use of impoundment, forfeiture, sanctions, freezing foreign assets, and limitations on diplomatic visas.

Lawsuits filed by current and former noncitizens in civil immigration detention in Colorado, Texas, and California remained pending against privately owned and operated immigration detention facilities contracted by DHS. These lawsuits allege the contractors forced noncitizens to work in violation of the TVPA during their federal detention. A settlement was reached in October 2023 in one such case in Georgia. DHS is not party to the lawsuits, nor are any of its component agencies.

Advocates again asserted labor by individuals in immigration detention and prisons amounted to human trafficking and perpetuated slavery’s legacy of racial injustice. They continued to call for the government to end its use of labor in immigrant detention facilities, whether government-operated or operated through contracts with private entities, as these detained individuals have not been convicted of a crime. They continued to call on the government to close all privately run immigration detention facilities and amend the U.S. Constitution to eliminate the exception to the Thirteenth Amendment that allows for slavery or involuntary servitude as punishment for those convicted of a crime.

Civil enforcement of federal laws continued to be a significant component of the government’s anti-trafficking efforts. DOL investigated complaints and conducted targeted civil labor investigations of federal labor standards involving workers in industries and sectors known to be vulnerable to labor trafficking, including complaints or investigations related to temporary foreign worker programs. Where appropriate, DOL referred these cases for criminal investigation. In FY 2023, DOL continued such enforcement activities in industries including agriculture, construction, food services, direct care services, and warehouse and logistics. DOL worked with criminal law enforcement agencies in 44 trafficking cases, by making referrals, receiving referrals for investigation, and assisting with the computation of restitution for victims, compared with 22 cases in FY 2022.

The Equal Employment Opportunity Commission (EEOC) enforces federal employment discrimination statutes and continued to investigate civil employment discrimination charges filed by or on behalf of victims of trafficking and to seek compensation where evidence of discrimination was found. At the conclusion of the investigation, the EEOC has the authority to file lawsuits to protect the rights of individuals and the interests of the public; it litigates a small percentage of the charges it investigates. In FY 2023, the EEOC received nine new charges of discrimination linked to human trafficking, compared with three charges in FY 2022. As of September 30, 2023, the EEOC had 11 pending charges linked to human trafficking.

Advocates again called for expanded authorities and additional resources to be allocated to DOL and the EEOC to enhance efforts to address labor trafficking cases and to ensure labor violations are thoroughly investigated.

The government made efforts to reduce the demand for commercial sex acts, including by prosecuting individuals for purchasing or attempting to purchase commercial sex acts involving children. DHS conducted operations targeting online platforms used by sex traffickers to disrupt and dismantle their operations and to identify and assist victims of human trafficking. The government made efforts to reduce the demand for participation in extraterritorial sexual exploitation and abuse by its citizens, including by proactively investigating allegations of child sexual exploitation crimes perpetrated overseas by U.S. citizens and partnering with foreign law enforcement counterparts to share information regarding international travel of registered child sex offenders. The government provided anti-trafficking training to its diplomats. The government also provided anti-trafficking training to its troops prior to their deployment as peacekeepers.

Some advocates called for greater efforts to address demand for all forms of human trafficking, including by reducing the demand for commercial sex. Other advocates asserted efforts to reduce the demand for commercial sex acts cause harm to victims of human trafficking.

DOJ and other federal law enforcement agencies did not receive any allegations of forced labor or recruitment fees charged to third-country nationals working on certain U.S. government contracts abroad. DOJ did not initiate any federal criminal prosecutions of employers or labor contractors for such violations in FY 2023.

During FY 2023, DHS debarred 18 entities or individuals based on convictions of human trafficking offenses; DoD did not debar any individuals from conducting business with the federal government for violating contracting prohibitions related to human trafficking.

The government updated its interactive web-based tools for businesses and government entities to prevent the worst forms of child labor and forced labor in its supply chains. These tools integrate existing data on child labor and forced labor with global import trade data that highlights the risk of the worst forms of child labor and forced labor in supply chains. DOL provided additional funding to ongoing projects to further disseminate its online tools and to continue its work helping companies and industry groups to identify risks of forced labor in their supply chains. It also published new data on global imports at higher risk of being made with the worst forms of child labor, forced labor, or forced child labor.

HHS and DOL entered into an agreement in March 2023 to better identify communities and employers where children may be at risk of child labor exploitation or unlawful child labor, and to aid investigations. As of October 2023, DOL had more than 800 open child labor cases nationwide, and DOL investigations of child labor found 955 companies had employed approximately 5,800 children in violation of the law.

An HHS-led public-private working group composed of stakeholders across the healthcare and public health sectors developed guidance and launched an online resource portal and training on addressing forced labor in healthcare and public health supply chains and identified opportunities for trafficking prevention by partnering with local communities through environmental, economic, and workforce development initiatives to address the social determinants of health. The Department of Commerce (Commerce) held a summit with officials representing U.S. government agencies, labor and environmental advocacy organizations, and the seafood industry as the final step in a public-private initiative to prevent forced labor and other labor rights abuses across the seafood supply chain. The summit identified promising practices, including to ensure that seafood entering the United States is not harvested using illegal or unsafe labor practices.

The government maintained efforts to prevent human trafficking in U.S. private sector supply chains by increasing partnership and information sharing among agencies, resulting in the improvement of living and working conditions for tens of thousands of workers. In FY 2023, this included the repayment of approximately $26 million in withheld wages and recruitment fees trapping workers in debt bondage.

DHS continued to enforce the law that prohibits the importation of goods mined, produced, or manufactured, wholly or in part, with forced labor, including forced child labor.

In FY 2023, DHS issued one Withhold Release Order (WRO) for shipments of goods where information reasonably indicated that merchandise was made with forced labor. DHS modified three WROs and one finding after determining the companies remediated all forced labor indicators in their supply chain. This compares to six WROs, two findings, and one modified WRO in FY 2022.

The government increased efforts to prevent U.S. businesses and consumers from purchasing from entities engaged in forced labor and other human rights abuses in the Xinjiang Uyghur Autonomous Region (XUAR) in the People’s Republic of China and beyond, including by imposing export and import controls and issuing sanctions against officials and entities. In accordance with the law, an interagency task force continued implementing its strategy to prevent goods made with forced labor of Uyghur and other persecuted minorities from the XUAR from entering U.S. markets. DHS implements and enforces a rebuttable presumption that all goods manufactured wholly or in part in the XUAR or by a named entity on an entity list are prohibited from importation into the United States.

In FY 2023, DHS stopped 4,415 shipments of goods, valued at more than $1.46 billion, suspected to have been made wholly or in part with forced labor. Of the shipments stopped, 4,053 shipments, valued at more than $1.44 billion, were subject to XUAR-related reviews or enforcement actions. DHS denied 1,599 shipments valued at more than $292 million from entering U.S. commerce due to presumed XUAR-related forced labor or an importer’s failure to provide evidence to support the release of the shipments stopped for forced labor reviews. The overall number of shipments stopped for forced labor-related reviews in FY 2023 represented a 78 percent increase in value of shipments and a 21 percent increase in number of shipments compared with FY 2022. The DHS-chaired interagency task force also added 16 entities to the public list in FY 2023, subjecting them to the law’s rebuttable presumption. These 16 entities include nine subsidiaries that were added at the same time as their parent companies.

Media reports alleged seafood produced by a company linked to forced labor was purchased by American importers, including ones that supply military bases and public-school cafeterias. Members of Congress called on the government to prohibit the federal government from acquiring or obtaining any seafood product from companies with substantiated connections to illegal, unreported, and unregulated (IUU) fishing or forced labor, including prohibiting entering into, extending, or renewing contracts with entities involved in the importation or distribution of seafood products produced through IUU fishing or forced labor. Advocates called on the government to dedicate additional resources to evaluate U.S. supply chains for forced labor, including forced child labor, to encourage companies to implement transparency measures and hold companies accountable. Advocates urged the government to issue more WROs against products made with forced labor.

As reported over the past five years, human traffickers exploit domestic and foreign national victims in the United States, as well as victims from the United States abroad.  Human trafficking cases have been reported in all 50 states, the District of Columbia, and most U.S. insular areas. Individuals who entered the United States with and without legal status have been identified as trafficking victims.  Victims originate from almost every region of the world; the top three countries of origin of victims identified by HHS-funded providers in FY 2023 were Honduras, Guatemala, and Mexico. Human trafficking patterns in the United States continue to reflect the living legacy of the systemic racism and colonization globalized during the transatlantic slave trade through chattel slavery and regional practices of Indigenous dispossession. Traffickers often target those who experience compounding forms of discrimination (such as discrimination because of one’s racial or ethnic group, gender identity, disability, or sexual orientation), violence (such as intimate partner or domestic violence), or, poverty, or those who interact with government-run programs (such as the criminal justice system, runaway and homeless youth services, foster or institutional care, and the immigration enforcement system). Traffickers compel victims to engage in commercial sex and to work in both legal and illicit industries and sectors, including in hospitality, traveling sales crews, agriculture, janitorial services, construction, landscaping, restaurants and grocery retailers, factories (including food processing facilities) and manufacturing, direct care services, salon services, massage parlors, retail, peddling, begging and forced criminality, drug smuggling and distribution, religious institutions, education systems, and domestic work.  Traffickers continue to use social media and other online platforms to recruit, advertise, and exploit victims.  Some advocates reported an increased vulnerability to all forms of human trafficking as a result of climate change and climate-related disasters. Regional instability combined with U.S. asylum policies and processes resulting in large numbers of migrants and asylum-seekers along the southern border contributes to increased risks of human trafficking by establishing high concentrations of vulnerable populations, including many unaccompanied migrant children. Traffickers adapt advancing technologies to recruit and exploit victims online, for example through applications that use encryption and default deletion of content, and utilize convertible virtual currency to facilitate the crime. Online sexual exploitation of children, including child sex trafficking, remains a complex and growing threat.