Question

Research the Cadena human trafficking case. Describe what happened, who was involved, and what the outcome of the case was? Do you think American laws are strong enough, why or why not? What recommendations do you have to make the law stronger? Do you believe victims of human trafficking should be granted visas, why or why not

Answer 1

A Mexican national, Rafael Alberto Cadena-Sosa pleaded guilty on Oct. 9, 2014 for conspiring and holding a person in a condition of involuntary servitude. He was sentenced by U.S. District Court Judge Joes E. Martinez to serve 15 years in prison and also to pay $1,261,563 in restitution to sixteen different victims. He admitted that along with his other family members and associates, he approached women and girls in Mexico, some as young as 14 years old and enticed them into coming to the United States using false promises of legitimate jobs. After illegally smuggling women and girls into the United States, Cadena-Sosa and other family members imposed a smuggling debt and used brutal physical force and violence, sexual assaults, and threats of death and bodily harm to the victims and their families to compel the victims to engage in prostitution 12 hours a day, six days a week and turn over the proceeds to the defendants to pay down the smuggling debts the defendants imposed. Cadena-Sosa and other family members would also search for victims who had run away from a brothel and subject them to beatings and rapes upon capture.

Carmen Cadena pleaded guilty to one count of conspiracy for conspiring with other members of the Cadena organization. He faced a sentence of 5 years in prison. Sixteen defendants were charged in a superseding indictment filed in 1998. Mexican authorities arrested Rafael Alberto Cadena-Sosa and Carmen Cadena and extradited them to the United States in November 2013 and December 2014, respectively. Four other members of the Cadena sex trafficking organization have been convicted.

Since 2009, the Departments of Justice and Homeland Security as well as law enforcement agencies in Mexico, have worked to develop high-impact prosecutions to dismantle human trafficking networks operating across the U.S.-Mexico border, bring human traffickers to justice, restore the rights and dignity of human trafficking victims, and reunite victims with their children held under the trafficking networks’ control. These efforts have resulted in numerous successful prosecutions, including U.S. federal prosecutions of over 50 defendants in multiple cases in Georgia, New York, Florida, and Texas since 2009.

“The long prison sentence imposed upon Rafael Alberto Cadena-Sosa is a testament to the cooperation and commitment of numerous law enforcement agencies both here and in Mexico to stop this appalling criminal activity,” said Special Agent in Charge George L. Piro of the FBI Miami Office. “We will continue working with our partners to dismantle human trafficking networks such as this one that operate in the shadows and brutalize their victims.”

Human trafficking, also known as trafficking in persons (TIP), is a modern-day form of slavery. It is a crime under federal and international law; it is also a crime in every state in the United States. Under federal law (18 USC § 1589), it is a crime to make people work by use of force, coercion or fear. U.S. State Department's Office to Monitor and Combat Trafficking in Persons placed the country in "Tier 1" in 2017. On April 11, 2018, U.S. President Donald Trump signed the Stop Enabling Sex Traffickers Act into law, which is aimed at closing websites that enable the crime to occur, and prosecuting their owners and users.

Laws against trafficking exist at the federal and community levels. Over half of the states now criminalize human trafficking, though the penalties are not as tough as under the federal laws. Related federal and state efforts focus on regulating the tourism industry to prevent the facilitation of sex tourism and regulate international marriage brokers to ensure criminal background checks and information on how to get help are given to the potential brides.

Policy of the Federal Government: The federal government has taken a firm stance against human trafficking both within its borders and beyond. Domestically, human trafficking is a federal crime under Title 18 of the United States Code. Section 1584 makes it a crime to force a person to work against her or his will, or to sell a person into a condition of involuntary servitude. Section 1581 similarly makes it illegal to force a person to work through "debt servitude". Human trafficking as it relates to involuntary servitude and slavery is prohibited by the 13th Amendment.

The Victims of Trafficking and Violence Protection Act of 2000 allowed for greater statutory maximum sentences for traffickers, provided resources for protection of and assistance for victims of trafficking, and created avenues for interagency cooperation. It also allows many trafficking victims to remain in the U.S. and apply for permanent residency under a T-1 Visa.

The federal government has set up a National Human Trafficking Resource Center Hotline (1-888-373-7888). The hotline answers questions and responds to crises in up to 170 languages and provides materials in over 20 languages. Since 2007, the hotline has received over 60,000 calls. Callers include victims of human trafficking seeking services, as well as individuals and organizations seeking information about human trafficking.

Safe Harbor laws protect victims of human trafficking from legal prosecution of crimes committed while under the influence of the trafficker and provide services such as counseling and housing and protect them from their exploiters. Victims of trafficking are protected under federal law, but may still be charged under state law.

Doctors and health professionals are asked to look out for possible victims of human trafficking as most get to health care services at some time. Health care services have the chance to rescue them

International NGOs such as Human Rights Watch and Amnesty International have called on the U.S. to improve its measures aimed at reducing trafficking. They recommend that the U.S. more fully implement the United Nations Convention against Transnational Organized Crime Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children and for immigration officers to improve their awareness of trafficking and support the victims of trafficking.

America has strong Anti-trafficking laws and policies but proper implementation of these laws and policies is equally important in order reach each individual at need to prevent human trafficking. Yes, its necessary to provide visas to the victims of human trafficking if they want it for their safety and protection.