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Human Smuggling and Trafficking on the new SAR

What is the difference between human smuggling and human trafficking?

Human Smuggling
Acts or attempts to bring unauthorized aliens to or into the United States, transport them within the U.S., harbor unlawful aliens, encourage entry of illegal aliens, or conspire to commit these violations, knowingly or in reckless disregard of illegal status.
(i) Involves persons choosing to immigrate illegally.
(ii) Is limited to illegal migration or the harboring of undocumented aliens.
(iii) Involves foreign nationals.
(iv) The crime involves an illegal border crossing or the harboring of someone that illegally crossed the border.

Human Trafficking
The act of recruiting, harboring, transporting, providing or obtaining a person for forced labor or commercial sex acts through the use of force, fraud or coercion.2
(i) Involves the use of force or coercion and the exploitation of victims.
(ii) Includes, but is not limited to, involuntary servitude, forced labor, debt bondage, peonage and sexual exploitation.
(iii) Anyone can be a victim regardless of origin, sex, age or legal status.
(iv) There is no need for a person to cross a border to be trafficked; individuals can be trafficked within the borders of a country.
Learn more about Deborah Crawford’s webinar SAR: Line-by-Line

First published on 09/29/2019

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