Immigration Article of the Day: A Haven for Traffickers: How the United States Provides a Legal Safe-Haven for Businesses that Rely on Forced Labor or Slave Labor in the Supply Chain by Ramona L. Lampley
A Haven for Traffickers: How the United States Provides a Legal Safe-Haven for Businesses that Rely on Forced Labor or Slave Labor in the Supply Chain.
by Ramona L. Lampley, Pepperdine Law Review (Forthcoming)
Congress enacted the Trafficking Victims Protection Act in 2000 which, through its amendments, gives victims of human trafficking, including forced labor or slave labor, a private right of action against those who knowingly benefit from the abusive labor practices perpetrated on them. Even though slave labor, particularly child labor, is a known evil in the foreign supply chains of many domestic million-dollar revenue companies, courts appear uncomfortable with the civil-liability provisions of the TVPRA. This article examines recent cases brought under the TVPRA, and how, in some cases, courts have eviscerated the private right of action for these foreign victims. The article analyzes how some of these recent interpretations do not comport with prior precedent or legislative intent, and attempts to offer an explanation as to the current, but limited, judicial discomfort to victim-based claims for damages under this Act.
KJ