Dominican Smuggling

Five Dominican men have been convicted in Puerto Rico for human smuggling. Leonardo Aldridge, Five Dominicans Convicted of Human Smuggling in Puerto Rico, Associated Press, Aug. 9, 2005, available, in part, here; see also Jorge Luis Medina, Culpables por Tráfico de Ilegales, Aug. 10, 2005, El Vocero de Puerto Rico, available here; Rosita Marrero, Culpables por Traficar Ilegales Dominicanos, Primera Hora, available here.

According to the AP report, the five men led a “harrowing” sea journey from the Dominican Republic to Puerto Rico. En route, the boat capsized, killing at least seven on board. The defendants were picked up by authorities after the capsize.

In 2000, Congress enacted the Trafficking Victims Protection Act of 2000, Pub. L. No. 106-386, 114 Stat. 1464 (2000) (codified at 22 U.S.C. §§ 7101 et seq.) [hereinafter TVPA], to combat trafficking in persons. Congress determined that human trafficking was a modern manifestation, and enacted the TVPA to “ensure just and effective punishment of traffickers, and to protect their victims.” 22 U.S.C. § 7101(a).

Under the TVPA, Congress enacted 18 U.S.C. § 1590, which makes it a crime for a person to knowingly

• recruit
• harbor
• transport
• provide, or
• obtain by any means

any person for labor or services.

This is a crime that is punishable by a fine, imprisonment for not more than 20 years, or both. Because death occurred during the transportation, the sentences for the defendants could be enhanced to life imprisonment. The AP report also noted that four of the five men were found guilty of endangering human lives, which is also an aggravating factor which can enhance a defendant’s sentence to life in prison.