Human Trafficking—New Jersey

US Immigration and Customs Enforcement [hereinafter ICE] Agents have “rounded up 66 people in a series of raids … that officials said smashed a suspected human trafficking ring that smuggled Mexicans into the United States and may have force the women to work as prostitutes.”^[1] 15 locations in Union City, West New York, and New York City were raided and two vehicles “containing at least 10 women who worked in brothels in Maryland, Virginia, and Washington, D.C.” were apprehended.^[2] In total, 36 women and 30 men were taken into custody, with all but two “being held on immigration charges for being in the U.S. illegally.”^[3]

It is unclear whether the women, who are immigrants, willingly worked as prostitutes.^[4] If so, then the ringleaders would likely be charged with human smuggling. If they had been coerced to come to the United States, or forced into prostitution, then the ringleaders will likely be charged with human trafficking.

How this case is characterized will have a tremendous impact on the defendants. If it is characterized as human smuggling, which is prosecuted under 8 U.S.C. § 1324, the potential punishment could be up to 10 years in prison if the violation was done for the purpose of commercial advantage or private financial gain. If it is characterized as human trafficking for sexual activity, which is prosecuted under 18 U.S.C. § 1591, and the violation was effected by force, fraud, or coercion, the potential punishment is imprisonment for any term of years or for life.

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[1] 66 Held in Raids of Human Trafficking Ring, Associated Press (via CNN), May 1, 2006.
[2] Id.
[3] Id.
[4] Id.