On Wednesday, the Justice for Victims of Trafficking Act of 2015 [S. 178] passed through the Senate by a unanimous vote of 99-to-0. It is being celebrated as a heroic example of bipartisan cooperation for humanitarian advancement. However, if the bill continues to pass through the House, it will be delivering its system of protection over tapped wires, via an increasingly militarized police force.
Introduced by Senator John Cornyn (R-TX), the majority whip, the Justice for Victims of Trafficking Act of 2015 is nothing short of a carceral mandate. Its primary function is to allocate funds and special privileges to law enforcement and immigration control and to legitimize the adoption of new surveillance technologies, purportedly in order to combat child exploitation.
Democratic opponents delayed the bill in committee for six weeks, debating over whether fines collected from criminal offenders could go towards funding abortion services for trafficking survivors. They argued that Republican lawmakers were trying to throw an anti-abortion rider into the bill, extending the Hyde Amendment of 1976 (which prohibited federal funding of abortion), to apply to non-taxpayer funds. To break the stalemate, Senate majority leader Mitch McConnell (R-KY) put pressure on Democrats to pass the bill by asserting that until the legislation has gone through the Senate, he would not schedule the confirmation of Loretta Lynch, the first black woman to be nominated for Attorney General.
On Tuesday, given much pressure on both sides to move the bill along, a compromise was reached in which a separate pool of money would be created for survivor health services, in addition to money collected from criminal offenders for non-health-related services. The fund stream for survivor health services would already be covered by the Hyde Amendment, and thus could not be used for abortions for trafficking survivors. However, the language of the bill as it was passed ensures that the Hyde Amendment’s reach will not extend further to private funding.
While Democrats in support of reproductive justice and civil liberties have been vocal on the legislation’s language about abortion, they have paid less attention to the ways in which this bill also promotes the militarization of police, expands the carceral system, and funds the use of wiretapping and other surveillance technologies by immigration control, with little transparency or oversight. The amended legislation contains some benevolent provisions for increasing victim compensation and funding social services for survivors of human trafficking. However, in addition to these victim-centered services, there is a clear law-enforcement-centered strategy in the bill for addressing human trafficking, which prioritizes the expansion of funding for law enforcement and immigration control.