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27 Immigr. & Nat'lity L. Rev. 331 (2006)
Misery and Myopia: Understanding the Failures of U.S. Efforts to Stop Human Trafficking

handle is hein.journals/inlr27 and id is 343 raw text is: 331 ARTICLES MISERY AND MYOPIA: UNDERSTANDING THE FAILURES OF U.S. EFFORTS TO STOP HUMAN TRAFFICKING Jennifer M Chac6n* INTRODUCTION In an increasingly interdependent world, human migration is just another element of the global marketplace. While much migration occurs through legal channels and as an exercise of free will on the part of the migrant, not all migration is undertaken by choice. Various forms of irregular migration have been spurred by social conflict, civil war, and the global consolidation of economic power centers.I The United States has never developed an immigration strategy that effectively grapples with the global forces that drive migration. Ad hoc efforts to respond to certain effects of global migration have consistently failed to deal realistically with the problems and blessings of migration. In this regard, the passage and enforcement of the Victims of Trafficking and Violence Protection Act of 2000 (Trafficking Act, TVPA, or Act)2 is * Assistant Professor, University of California, Davis, School of Law; jmchacon@ucdavis.edu. J.D., Yale Law School, 1998; A.B., Stanford University, 1994. I am grateful to Diane Marie Amann, Bill Ong Hing, Kevin R. Johnson and Angela Onwuachi-Willig for their thoughtful comments on various drafts of this paper and to Fabiola Murrillo for her dedicated research assistance. I also owe a debt of gratitude to the many people who provided helpful comments on this project in late 2004 and early 2005. All errors are mine alone. 1. Maggy Lee, Human Trade and the Criminalization of Irregular Migration, 33 Int'l J. Soc. Law 1, 1 (2005). 2. Victims of Trafficking and Violence Protection Act (TVPA) of 2000, Pub. L. No. 106-386, 114 Stat. 1464 (codified as amended in scattered sections of 8 and 22 U.S.C (2000)). The Act was amended and reauthorized by the Trafficking Victims Protection Reauthorization Act of 2003 (TVPAII), Pub. L. No. 108-193, 117 Stat. 2875 (to be codified in scattered sections of 8, 18, and 22 U.S.C.). It was amended and reauthorized again by the Trafficking Victims Protection Reauthorization Act of 2005 (TVPAIII), Pub. L. No. 109-164, 119 Stat. 3558 (to be codified in scattered sections of 18 and 22 U.S.C.), which was signed into law on January 10, 2006. Because the 2005 reauthorization occurred shortly before this Article was to go to press, this Article does not attempt to assess the efficacy of the programs piloted in the most recent reauthorization. On the international level, the new law authorizes a joint State Department/United States Agency for International Development study of trafficking problems in situations of post-conflict and humanitarian emergency assistance, and requires increased monitoring of forced labor in Originally published in 74 Fordham Law Review 2977 (2006). Used by permission.

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