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Victims of Trafficking and Violence Protection Act of 2000

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Victims of Trafficking and Violence Protection Act of 2000
Great Seal of the United States
Other short titlesWilliam Wilberforce Trafficking Victims Protection Reauthorization Act
Long titleAn Act to combat trafficking in persons, especially into the sex trade, slavery, and involuntary servitude, to reauthorize certain Federal programs to prevent violence against women, and for other purposes.
NicknamesTrafficking Victims Protection Act
Enacted bythe 106th United States Congress
EffectiveOctober 28, 2000
Citations
Public lawPub. L. 106–386 (text) (PDF)
Codification
Acts amended2003, 2006, 2008, 2023
Legislative history
  • Introduced in the House as H.R.3244 by Chris Smith (R–NJ) on November 8, 1999
  • Passed the House on May 9, 2000 (Voice Vote)
  • Passed the Senate on July 27, 2000 (Unanimous consent)
  • Signed into law by President Bill Clinton on October 28, 2000
Major amendments
Human Trafficking Prevention Act of 2022

The Victims of Trafficking and Violence Protection Act of 2000 (TVPA) is a federal statute passed in 2000 by the U.S. Congress and signed into law by President Clinton. The law was later reauthorized by Presidents Bush, Obama, and Trump. In addition to its applicability to US citizens, it authorizes protections for undocumented immigrants who are victims of severe forms of trafficking and violence.[1]

In January 2023, the Trafficking Victims Protection Reauthorization Act of 2022 (TVPRA), was enacted as Pub. L. 117-348 (22 U.S.C. 7101 et seq.).[2]

History

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The Trafficking Victims Protection Act was renewed in 2003, 2006, and 2008 (when it was renamed the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008). The law lapsed in 2011. In 2013, the entirety of the Trafficking Victims Protection Reauthorization Act was attached as an amendment to the Violence Against Women Act (VAWA) and passed.[3] There are two stipulations an applicant has to meet in order to receive the benefits of the T-Visa. First, a victim of trafficking must prove/admit to being a victim of a severe form of trafficking, and second, must be a part of the prosecution of his or her trafficker. This law does not apply to immigrants seeking admission to the United States for other immigration purposes.

Pub. L. 115–93 (text) (PDF) reauthorized the TVPA in 2018, as part of the Trafficking Victims Protection Act of 2017.[4]

Since the law requires the applicant to become part of the prosecution of his or her trafficker, trafficked persons may be fearful of retaliation upon the self or the family and thus serves as a major deterrent to individuals even considering application. The law contains provisions for the protection of those who are categorized as victims of human trafficking, primarily for sex, smuggling, and forced labor forms of exploitation.

The TVPA allowed for the establishment of the Department of State's Office to Monitor and Combat Trafficking in Persons, which coordinates with foreign governments to protect trafficking victims, prevent trafficking, and prosecute traffickers.[5]

Amendments

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Proposed

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Determinations

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On September 27, 2016, President Barack Obama made a Presidential determination on Foreign Governments' Efforts Regarding Trafficking in Persons consistent with section 110 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. § 7107).[11]

On September 30, 2017, President Donald Trump made a Presidential determination under 22 U.S.C. § 7107 (Respect to the Efforts of Foreign Governments Regarding Trafficking in Persons).[12][13]

Notable civil cases

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TVPRA has been used to establish civil liability for U.S. corporations that benefit from forced labor in their supply chains.[14]

Ratha v. Phatthana Seafood Co. (2022). In 2016, Cambodian seafood workers sued a U.S. importer for benefiting from forced labor on Thai fishing vessels, alleging the importer knowingly purchased slave-caught fish, but the goods were never imported to the U.S. In 2022, the U.S. Court of Appeals for the Ninth Circuit affirmed the lower court's dismissal, ruling that civil liability requires actual benefit from completed trafficking acts, not attempts.[15] The U.S. Congress amended the TVPRA through the Abolish Trafficking Reauthorization Act (ATRA), and expanded liability to include those who "attempt or conspire to benefit" from the violations.[16] In March 2025, the Ninth Circuit issued an order for the case to be reheard en banc.[17]

Doe v. Apple Inc. (2024). Cobalt miners from the Democratic Republic of Congo sued Apple, Alphabet, Microsoft, Dell, and Tesla for knowingly benefiting from child/forced labor in cobalt mining supply chains.[18][19] In 2024, the U.S. Court of Appeals for the District of Columbia Circuit affirmed the lower court's dismissal on extraterritoriality grounds and held that TVPRA's civil remedy (18 U.S.C. § 1595) does not extend abroad unless tied to U.S.-based conduct.[20][19]

See also

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References

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  1. ^ Siskin, Alison; Wyler, Liana Sun (May 1, 2014). "Trafficking in Persons: US Policy and Issues for Congress". Congressional Research Service.
  2. ^ "PUBLIC LAW 117–348" (PDF). U.S. Congress. January 5, 2023. Retrieved October 20, 2025.
  3. ^ "Breaking News: Violence Against Women Act & Trafficking Victims Protection Reauthorisation Act Passed". Not For Sale. Archived from the original on 28 December 2013. Retrieved 23 May 2013.
  4. ^ "S.1312 - 115th Congress (2017-2018): Trafficking Victims Protection Act of 2017". 21 December 2018. Archived from the original on 2019-10-17. Retrieved 2019-10-29.
  5. ^ "About Us." U.S. Department of State. Office to Monitor and Combat Trafficking in Persons, n.d. Web. 01 Apr. 2013.
  6. ^ a b "H.R. 3530 - Summary". United States Congress. Archived from the original on 20 May 2014. Retrieved 19 May 2014.
  7. ^ Marcos, Cristina (16 May 2014). "Next week: Lawmakers to debate defense and drones". The Hill. Archived from the original on 19 May 2014. Retrieved 19 May 2014.
  8. ^ "H.R.3530 - 113th Congress (2013-2014): Justice for Victims of Trafficking Act of 2014". www.congress.gov. 2014-05-21. Retrieved 2025-08-25.
  9. ^ Marcos, Cristina (24 July 2014). "House passes bills to prevent human trafficking". The Hill. Archived from the original on 28 July 2014. Retrieved 24 July 2014.
  10. ^ "H.R. 4449 - Summary". United States Congress. 24 July 2014. Archived from the original on 28 July 2014. Retrieved 24 July 2014.
  11. ^ "Presidential Determination -- Foreign Governments' Efforts Regarding Trafficking in Persons". 27 September 2016.
  12. ^ "Presidential Determination With Respect to the Efforts of Foreign Governments Regarding Trafficking in Persons". JURIST. United States: JURIST Legal News & Research Services, Inc. University of Pittsburgh School of Law. October 27, 2017. Archived from the original on November 7, 2017. Retrieved November 1, 2017.
  13. ^ "Presidential Determination for the Secretary of State with Respect to the Efforts of Foreign Governments Regarding Trafficking in Persons". Federal Register. Washington, D.C.: National Archives and Records Administration. September 30, 2017. Archived from the original on October 28, 2017. Retrieved November 1, 2017.
  14. ^ Revello, Adam J. (2024). "The Trafficking Victims Protection Reauthorization Act (TVPRA) and Civil Liability for Forced Labor in Global Supply Chains" (PDF). New York University Law Review. 99: 2186.
  15. ^ Gardner, Maggie (2022-11-14). "Cert Petition Raises Personal Jurisdiction Question in Context of the TVPRA - TLBlog.org". Transnational Litigation Blog. Retrieved 2025-10-20.
  16. ^ Vandenberg, Maggie Lee, Martina E. (2023-08-01). "Congress Amends the TVPRA to Correct Ninth Circuit's Erroneous Ruling in Ratha". Transnational Litigation Blog. Retrieved 2025-10-21.{{cite web}}: CS1 maint: multiple names: authors list (link)
  17. ^ "KEO RATHA, ET AL V. RUBICON RESOURCES, LLC, No. 23-55299 (9th Cir. 2025)". Justia Law. Retrieved 2025-10-20.
  18. ^ Dodge, William S. (2022-12-13). "Oral Argument in Doe v. Apple". Transnational Litigation Blog. Retrieved 2025-10-20.
  19. ^ a b "Doe v. Apple Inc., No. 21-7135 (D.C. Cir. 2024)". Justia Law. Retrieved 2025-10-20.
  20. ^ Stempel, Jonathan (March 6, 2024). "US court sides with Apple, Tesla, other tech companies over child labor in Africa". Reuters. Retrieved October 21, 2025.

Further reading

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Public Domain This article incorporates public domain material from websites or documents of the United States government.

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