What is Human Trafficking?
Human trafficking is an illegal billion-dollar industry[1] where victims are forced to perform labor and/or commercial sex acts against their will.[2] Affecting an estimated 24.9 million people worldwide, these crimes are perpetuated across various industries including health and beauty services, construction, health care, and hospitality.[3]
Profit is the traffickers’ only goal[4] and although human trafficking affects everyone, women and children are most affected which is a commonality with all sexual-based crimes.[5] Individuals who are trafficked are often lured into trafficking through deceptive tactics by someone they are close to. Consequently, human trafficking often goes unnoticed and happens right in front of us[6] and as a result of this hidden nature, even the high numbers referenced above are likely seriously underreported.[7] The crime of human trafficking is complex and is fueled by the criminal traffickers’ deceit, manipulation, false promises, and coercion of their victims.
Once a victim of human trafficking is recruited, it is difficult for them to escape due to emotional manipulation, threats of potential physical harm, or both.[8] For example, during a recent Dallas Mavericks game, a father and daughter duo were watching the game when the young girl went to use the restroom and never came back. This news story received National attention because of the way that the stadium and police handled the disappearance.[9]
Types of Human Trafficking
There are two major types of human trafficking: Labor and sex trafficking.
- Labor trafficking often takes place through agriculture, domestic work, restaurants, cleaning services, and carnivals.[10]
- Sex trafficking often takes place via escort services, pornography, illicit massage businesses, brothels, and outdoor solicitation.[11]
Human Trafficking Tactics
Some of the tactics used by traffickers to recruit victims center on using opportunities to earn money, promising opportunities to improve their lives, or promising to love and take care of them.[12] These tactics are false promises and are solely aimed to recruit victims, trade them as objects, and obtain profits. Once the victim is recruited, they are often kept subdued through psychological manipulation. This includes taking their passport or identity documentation, the use of debt as leverage, and threats of violence toward loved ones. Men and women can be traffickers, in fact, there are instances in which women assist in the recruitment of other women and girls because they appear more trustworthy.[13]
Responses to Human Trafficking
There has been a delay in tracking the data associated with human trafficking. According to Polaris, a 501(c)3 nonprofit organization established in 2002, human trafficking data was wholly untrackable 20 years ago, meaning this type of reporting is relatively new.[14] Polaris operates the U.S. National Human Trafficking Hotline and collects data from these calls. Callers range from human trafficking survivors to people who reported suspected cases.
Additionally, the organization furthers its mission of ending human trafficking by providing education on common signs of human trafficking and its surrounding myths.[15] These education initiatives are survivor-centric and provide frameworks for other industries to increase awareness of human trafficking.[16] Specifically, Polaris has provided useful frameworks for healthcare providers, hotel employees, and more to adopt into their daily business operations. These types of frameworks, along with various industries adopting them increases awareness of human trafficking and allows people who may identify human trafficking to know how to proceed.
One example of Polaris’ and the National Human Trafficking Hotline’s content is a helpful page reviewing the facts and myths of human trafficking.[17] Some of these myths are listed below: [18]
Myth: Human trafficking predominantly involves violent crime.
The reality is that most instances of human trafficking involve psychological manipulative tactics. This often occurs through tricking, defrauding, or threatening victims to provide commercial sex services or labor services.
Myth: Human trafficking always involves commercial sex.
The reality is that human trafficking operates through force, fraud, or coercion of the trafficked person. While there is more awareness in the United States regarding sex trafficking, there is thought to be more cases of labor trafficking throughout the world.
Myth: Human trafficking only impacts undocumented foreign nationals.
The reality is that human trafficking can (and does) impact people who are legally in the United States.
Myth: Traffickers recruit strangers as their victims.
The reality is that human trafficking survivors were trafficked by their romantic partners and family members.
Myth: Human trafficking always involves people being physically held against their will.
The reality is that there are instances in which the trafficked person is being held against their will. However, many times, the trafficked person stays for complex reasons. There are elements of coercion, manipulation, and control. This can take the form of financial control, making threats to safety, and other forms of deprivations.
This list is not comprehensive, but it provides an overview of some of the common myths surrounding human trafficking.
Myth: Human trafficking and human smuggling are the same thing.
The definition of human smuggling is “the business of transporting people illegally across an international border.“[19] In instances of human smuggling, the people being smuggled have chosen to make the trip (no matter the risk) for various reasons. Some of these reasons are escaping violence and poverty, and human smuggling often involves individuals paying the smugglers money. Human smuggling, by definition, does not involve coercion.
Human trafficking is different from human smuggling. It is often misconstrued to be the same thing. Human trafficking involves coercion and is not a choice. Further, human trafficking does not necessarily involve travel (although it certainly can).
Both crimes involve exploitation for profit, but understanding these key distinctions is crucial to implementing sound policy and prevention efforts. Tragically, San Antonio, Texas became the location of what appears to be the “deadliest migrant-smuggling operation in memory.” At least 50 people were found dead in an abandoned 18-wheeler.[20] Sadly, human smuggling is an ongoing issue surrounding the border.[21]
Human Trafficking and the Hotel Industry
One of the largest industries that is prevalent in the crime of human trafficking is the hotel industry.[22] The prevalence of human trafficking in this industry likely stems from the ease with which people come and go in hotels without many questions asked. An estimated 75% of human trafficking survivors interacted with hotels while being trafficked.[23] How these rooms are booked varies between being booked under the trafficker’s name or the victim’s name.[24]
There are several indicators of human trafficking in a hotel setting, and hotel employees have the ability to detect these types of crimes.[25] These indicators differ by the type of human trafficking, but there are also general indicators to be aware of.[26] These general indicators include:
- Verbal or physical abuse;
- Restricted or controlled communications;
- Constant monitoring of movements;
- Exhibiting fearful, anxious, or submissive behavior;
- No knowledge of current or past whereabouts;
- Signs of poor hygiene, malnourishment, or fatigue
Labor trafficking in hotels often presents as individuals serving in employment roles such as housekeepers, front desk attendants, bell staff, and more.[27] This highlights why human trafficking goes noticed and often hides in plain sight. When you see an employee in any setting, you do not necessarily pick up on subtle signs of exploitation (e.g. extremely low wages, and long work hours).
Sex trafficking in hotels usually takes the form of escort services, and these usually take the form of “in-calls” and “out-calls.”[28] In-calls operate through the trafficker or victim booking hotel rooms and being confined there as customers cycle in and out of the booked room.[29] Out-calls involve the delivery of the victim to the customer’s location, which is often a hotel room.[30]
The prevalence of human trafficking in hotels has prompted litigation.[31] In 2020, The U.S. Judicial Panel on Multidistrict Litigation (JPML) ruled against establishing multidistrict litigation (MDL)[32], [33] of consolidated claims of sex trafficking survivors. These cases were brought against several hotel chains. In these proceedings, the plaintiffs allege that the hotel chains either knew, or they should have known of the sex trafficking that was occurring. Further, it is alleged these hotel chains financially benefited because of overlooking these ongoing crimes within.
From a public policy standpoint, one result of litigation holding corporations accountable for human trafficking is that it may promote the prevention of human trafficking.[34] The threat of liability may encourage a more robust response to addressing human trafficking.
Does Human Trafficking Impact Texas?
Human trafficking impacts Texas just like the rest of the nation. In 2020, the National Human Trafficking hotline received 987 reports of human trafficking in Texas. The overwhelming majority of these cases were for sex trafficking.[35] The hospitality industry was among the top five reported venues for the specific sex-trafficking reports.
Since 2007, Texas’ response to addressing the issues of human trafficking has grown due to a law that was passed requiring the Attorney General of Texas to issue reports on human trafficking laws. In 2009, the Texas Legislature formally created the Texas Human Trafficking Prevention Task Force. This has led to the passage of multidisciplinary laws aimed at addressing human trafficking across various industries from the hospitality industry to the healthcare industry.[36],[37]
Texas is continuing its efforts to address human trafficking. Specifically, the Texas Legislature passed a new law effective January 1, 2022, requiring “commercial lodging employees” to receive human trafficking prevention training.[38] This training is meant to combat the rise of human trafficking to show those who are unaware, what signs to look for and what to do if you think you are witnessing the crime. The law resembles nationwide legislative efforts at addressing human trafficking. Further, the Texas law requires employees hired prior to January 1, 2022, to receive training by December 21, 2022. Employees hired after January 1, 2022, must receive training within 90 days.[39] Additionally, there are new signage requirements required by the law. These required signs can be found here:
Further, Texas has responded through the legal system. In 2021, the Texas Supreme Court ruled that Facebook could be held liable for sex traffickers’ use of the social media platform.[40] This ruling also highlighted the dark reality that often, social media platforms benefit from sex traffickers using their social media platforms. A Facebook spokesperson stated the company’s commitment to “fighting the spread of such content and the predators who engage in [using social media to post sex trafficking content.]”[41]
Just this year, the Texas Supreme Court denied Salesforce.com’s bid to halt litigation. In that case, the plaintiffs, who are sex trafficking survivors allege that Salesforce.com “contributed to their sex trafficking” resulting from the sale of a subscription to an ad website.[42] This ruling indicates that companies are not necessarily shielded from liability in these types of cases.
Who to Contact for Suspected Human Trafficking
If you believe or know someone is being trafficked, it is important you know who to contact. The phrase, “if you see something, say something,” applies. However, it is important to contact the correct resources to avoid causing more danger to the suspected trafficking victim.
These instances may be reported to the National Human Trafficking Hotline.[43] Contact information for the National Human Trafficking Hotline can be found here: https://humantraffickinghotline.org. Contacting the hotline for these potential cases is the recommended course of action because the hotline aims to connect victims to resources.
National Human Trafficking Hotline staff are highly trained and know when to contact authorities and when not to depending on the situation. For instances involving minors, check your state laws to ensure you are following mandatory reporting laws because human trafficking involving minors is considered child abuse.[44]
There are several red-flag indicators depending on the type of suspected trafficking within hotel venues. Those indicators are listed here:
The gist of human trafficking response is, if you notice something, say something. However, it is important to know who to say something to. As stated previously, the best course of action is to report to the National Human Trafficking Hotline for additional guidance. Further, the hotel industry can implement measures beyond state legislature requirements. The Polaris Report on Hotels and Motels recommends the following to further address human trafficking:[45]
- Formally adopting an anti-trafficking policy
- Partnering with a local shelter
- Implementing staff training
- Establishing an effective response plan
- Posting the National Human Trafficking Hotline Contact Information
- Continue supporting appropriate legislative efforts
Human trafficking is a crime that often hides in plain sight, and it exists in many different industries around us such as hotels. An effective response to this issue requires vigilant parties on all fronts, such as the hospitality industry, elected officials, employees, and ordinary citizens to not be quiet and to speak up. Each effort may be small, but small efforts can lead to impactful change.
Written by:
Roxanna Maiberger
Law Clerk
WATTS GUERRA LLP
Four Dominion Drive, Bldg. Three, Suite 100
San Antonio, Texas 78257
Phone: (210) 447-0500
Frank Guerra
Board Certified – Personal Injury Law
Texas Board of Legal Specialization
WATTS GUERRA LLP
Four Dominion Drive, Bldg. Three, Suite 100
San Antonio, Texas 78257
Phone: (210) 447-0500
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