The Half-Built Road: Exploring the Impediments to Justice for Victims of Labor Trafficking

Abstract

ABSTRACT The exploitation of people in forced labor is a significant human rights violation and a threat to community safety. Despite enhanced efforts to identify and prosecute labor trafficking perpetrators in the U.S. relatively few traffickers have been held accountable. Legal advocates and providers increasingly pursue civil litigation, immigration relief, and other roads to meet victims’ needs and achieve justice. Less understood are the specific legal, structural, and cultural barriers that make the road to justice through the criminal legal system difficult for victims of labor trafficking. Utilizing a comparative case study approach, we examine the life course of five labor trafficking cases through crucial decision points in the criminal legal process. Cases were selected to provide a range of legal system pathways. Data for each case includes legal advocate case records, client interview notes, correspondence between stakeholders, court records, and stakeholder interviews. Through comparative analysis techniques, we identify barriers that derail offender accountability and stymie victim support. The findings provide guidance to improve offender accountability and suggest alternative roads to justice centering on the needs of victims. Identifying barriers in implementing anti-trafficking laws promotes more just, peaceful, and inclusive societies in furtherance of UN Sustainability Goal 16.