Define human smuggling and trafficking and explain the differences between them
What will be an ideal response?
Answer:
Human smuggling is a form of illegal immigration in which an agent is involved for payment to help a person clandestinely cross a border. It generally occurs with the consent of the people being smuggled, who often pay for the services.
Trafficking in persons is a modern-day form of slavery that involves the exploitation of unwilling people through force, coercion, threat, or deception and includes human rights abuses such as debt bondage, deprivation of liberty, or lack of control over freedom and labor. Trafficking is often undertaken for purposes of sexual exploitation or labor exploitation.
Key distinctions between the two crimes include:
- Trafficking must contain an element of force, fraud, or coercion; the person being smuggled is generally cooperating
- Trafficking involves forced labor and/or exploitation; smuggling does not
- Persons trafficked are victims; persons smuggled are violating the law and are not victims
- Persons trafficked are enslaved, subjected to limited movement or isolation, or have documents confiscated; persons smuggled are free to leave, change jobs, etc.
- Trafficking does not have to involve the actual movement of the victim; smuggling facilities a person’s illegal entry from one country to another
- Trafficking does not have to involve crossing an international border; smuggling always crosses an international border
- Persons being trafficked must be involved in labor, services, or commercial sex acts; persons being smuggled must only be in the country or attempting entry illegally
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