Justice Department Opposes Strengthened Anti-Slavery Proposal

Posted on July 11th, 2008 by Paul Bernish

An enduring but little noticed facet of the process of federal lawmaking is the way in which U.S. government agencies often engage in promoting — or opposing — legislative proposals. It’s one of those gray areas of government (and the Constitution) in which the traditional separation of powers among the legislative, executive and judicial branches is blurred, if not ignored, as federal bureaucrats whose job is it to implement and uphold laws enacted by Congress instead engage in behind-the-scenes efforts to either kill proposals they don’t like, or advocate enactment of legislation they favor.

This dynamic appears to be operating full throttle in Washington as the Senate takes up a House-passed measure to strengthen the nation’s anti-slavery law, the Victims of Trafficking and Violence Protection Act of 2000. Not only did the House approve the new bill, it did so overwhelmingly by a margin of 405 for to only 2 against. You’d be hard-pressed to find a better example of clear legislative intent.

Yet the Department of Justice is opposing the bill in the Senate, apparently hoping to either kill it outright or persuade Senators to back another, weaker proposal.

At a time when global slavery is fast becoming a scourge of the 21st Century, both at home and abroad, the DoJ’s position is hard to fathom. But in an Op-Ed page article in today’s New York Times , former State Department Ambassador John Miller explains that government attorneys oppose the stronger bill because they object to treating prostitution as a form of sex slavery, as the new bill envisions.

This is a huge, contentious issue, and many people and organizations besides DoJ lawyers do not want prostitution categorized as a form of human trafficking. In fact, lobbying has been underway for some time to legalize prostitution in the United States.

Miller, a respected public policy advocate and self-described 21st Century Abolitionist, indicates that lawmakers are pushing back against the Justice Department’s opposition, but the bill’s fate is uncertain. After you read his article, post your comments on the Justice Department’s position, and let us know what you think about prostitution as a criminal activity or a manifestation of modern slavery.

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3 Responses
Michele Wright -

John Miller’s OP-ED piece in the New York Times today brings up some strong arguments about prostitution that I had never considered before. The amount of physical and emotional abuse these women, many extremely young, deal with on a daily basis in intolerable. To ever support the argument that these women “choose” this lifestyle seems to be blind ignorance at best. The waste of a human life and their potential is tragic, profiting off this while engaging in extreme physical and emotional abuse is something our society should never tolerate. We need strong federal laws, and citizens need to be educated about the facts of human trafficking. We should all be contacting our senators to put the “anti-human traficking bill on the senate floor, especially after it passed so overwhelming in the house.

Billy Buchanan -

Prostitutes in America. is simply that. I can’t put in a category of human trafficking. I mean they are working in the oldest profession, and in america don’t they have a choice?

Christa Hillstrom -

There are some people who willfully work in prostitution in the U.S. and, although some would argue that any form of prostitution is necessarily exploitative and coercive, there are prostitutes who exercise some measure of control over their lives and work. However, studies have shown that the vast majority of women who end up in the sex trade have been coerced through violence and other forms of manipulation. The average age of entry into prostitution hovers around 14 years old in major cities, and many women are thoroughly entrenched in cycles of coercion and manipulation by the time they reach an age where they would be legally able to make such decisions. I am a journalist in Chicago and just spent a few months reporting on the situation of prostitutes in Chicago and was completely disturbed by the realities I discovered. If you’d like to read more about what’s called “domestic human trafficking” in Chicago, you can read this article: http://humangoods.net/2008/07/10/spotlight-on-trafficking-in-the-us/

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