RICHMOND, Va. -- Virginia is the only state in the U.S. that does not currently criminalize human labor trafficking, or forcing someone to perform work through physical, financial, or psychological coercion.
While it is a federal crime, some state lawmakers and the Virginia Attorney General want to make labor trafficking a state crime to, in their view, better protect victims and go after traffickers.
From 2015 to 2021, there were 207 cases of labor trafficking in Virginia, according to the National Human Trafficking Hotline.
“It’s modern-day slavery, and it’s not okay," said Delegate Mike Cherry (R-Colonial Heights), who is sponsoring legislation to make labor trafficking a state crime.
"It's the most marginalized many times that are the easiest to victim and victimized in this way. Whether that's because they're poor or their minority or whatever circumstances put them in a situation that they're the most vulnerable.”
Several cases near the Richmond metro area have grabbed headlines as of late.
A group that ran a cleaning service in Williamsburg went to prison for forcing immigrants from Central America to work long, hard hours under the threat of deportation and other punishments.
A couple in North Chesterfield allegedly forced their family member to work at their Robious Road gas station for little pay and long hours.
“Another we had in Petersburg, where there were nine kids that were being used to sort metal at a recycling plant. They would work there all night, and then in the day, they were kept in a hotel room all locked up together," Cherry said. "There was no documentation for them, and the sad part was, once we identified that, we had to hand the case to the federal government and don't know what happened with the prosecution because they have the statutes that prevent it. We don't want to bring that to Virginia.”
And therein lies the problem, according to advocates.
Investigations and prosecutions of labor trafficking cases are turned over to federal authorities, who might not have the resources available to respond quickly.
Cherry and Delegate Karrie Delaney (D-Fairfax) are sponsoring HB 633 to fill what they call a hole in Virginia's criminal code when it comes to labor trafficking.
Their proposal would make labor trafficking a state crime, giving local law enforcement and prosecutors the ability to better investigate and intervene when appropriate.
Those convicted under the new state statute would face similar penalties to sex traffickers, a class 4 felony.
They can face a class 3 when the trafficking involves a minor, and traffickers could be tried under racketeering statutes.
Importantly, under the proposal, victims could sue their traffickers, and local authorities would have greater latitude to quickly protect them.
“We’ve identified this as something that needs to be fixed," Cherry said. “It should have been done a long time ago, but the best two times to plant a tree are 29 years ago or today, and so let's get it today, and let's make sure we fix this and move forward.”
Virginia Attorney General Jason Miyares is backing the legislation, saying 35 to 40% of human trafficking in Virginia is labor trafficking.
Miyares is urging all Virginians to call or text the Virginia State Police if they notice any signs that someone might be involved in any form of human trafficking.
"It is a barbaric form of exploitation," Miyares said. “It’s really important that everyday citizens realize they can be part of the solution to this heinous, heinous modern crime.”
Miyares said anyone can report suspected human trafficking by calling or texting #77.
You can find resources to help identify it here.
The National Human Trafficking Hotline number is 1-888-373-7888 or you can report a tip online.
The bill's patrons are working in a bipartisan nature, but it remains to be seen what the broader legislature plans to do with the bill.
First Lady of Virginia, Suzanne Youngkin, attended a press conference announcing the legislation, so it seems the Youngkin administration supports it.
HB 633 has not yet been scheduled for a committee hearing or vote.
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