Trump Administration Changes Trafficking Reporting for Migrant Children, Raising Deportation Concerns

The Trump administration has changed how suspected human trafficking involving migrant children is reported, prompting concerns from advocates that legitimate cases could be delayed or missed and that some vulnerable children could face greater difficulties accessing protections.

Under a new directive, caregivers working with unaccompanied migrant children in federal custody have been told to stop sending suspected labour and sex trafficking reports directly to the Office on Trafficking in Persons (OTIP).

Instead, the reports must first be submitted to the Office of Refugee Resettlement (ORR), which oversees the housing and care of unaccompanied migrant children. The change was outlined in a 10 September memo.

New Reporting Process For Trafficking Claims

Under the previous system, caregivers were required to screen unaccompanied children for possible labour or sex trafficking within five days of their admission to a shelter or other facility.

When a potential trafficking victim was identified, the case had to be reported to OTIP within 24 hours. OTIP, which was established within the US Department of Health and Human Services in 2015, coordinates federal efforts to prevent human trafficking and support victims.

Under the new process, ORR will investigate the claims and decide which should be forwarded to OTIP for further review.

The administration said the change is intended to streamline reporting, tracking and referrals while reducing what it considers improper trafficking referrals. According to a statement, a review of more than 9,000 reports from last year found that 95% were not considered viable trafficking leads for criminal investigators.

The administration said many of those reports concerned alleged abuse or neglect rather than forced labour or commercial sex covered by federal trafficking laws. The same statement said 58% of reports submitted by shelter employees and case managers qualified for trafficking-related benefits.

Advocates Raise Deportation Concerns

Human trafficking advocates have raised concerns that adding an additional review stage could delay legitimate cases or result in some claims being missed.

Jean Bruggeman, co-executive director of Freedom Network USA, told AP that the change could increase the possibility of children being deported before they receive necessary services and protections.

A trafficking determination can be significant for migrant children seeking certain forms of immigration relief. It can help eligible victims pursue trafficking-related visas or asylum claims. Certification can also make children eligible for services that allow them to leave short-term federal housing and enter foster care, attend public school and access other support.

The new policy affects about 1,800 children in federal custody who arrived in the United States without their parents. It also applies to some children who have already been released but remain under government supervision.

Former ORR Official Questions Policy Change

Jen Smyers, a former deputy director of the Office of Refugee Resettlement during the Biden administration, questioned the administration's argument that the new system will make trafficking reporting more efficient.

Smyers told AP that ORR already receives trafficking reports but does not have the same specialised expertise as OTIP. She also warned that introducing another review stage could result in legitimate trafficking claims being delayed or missed.

The administration, meanwhile, maintains that the revised system will improve the integrity of trafficking referrals, reduce improper referrals and fraud, and ensure that children who may have experienced trafficking receive immediate support.

The policy comes as the Trump administration implements other measures affecting unaccompanied migrant children amidst reported concerns about their ability to obtain legal status, leave federal custody and access legal representation.