DHS Secretary Noem is Taking a Sledgehammer to Human Trafficking Survivors

Guest blogger: anonymous law student, University of San Francisco

President Donald Trump’s administration promotes the rhetoric of “bringing down the hammer on human trafficking rings.”[1] This includes claims of locating 13,000 victims of human trafficking who came to the United States as unaccompanied minors during the Biden administration.[2] Further, the DHS claims that 59,000 criminal claims brought by unaccompanied minors were analyzed, leading to 4,000 criminal investigations.[3]  Homeland Security, the DHS, and ICE promote the message that human trafficking is a direct consequence of border proliferation. These policies facially promote the end of human trafficking and the prosecution of criminals, but in practice, harm victims and sow a growing distrust in the United States Federal Government.

Human trafficking:

            Human trafficking in the United States is legally defined as “sex trafficking in which a commercial sex act is induced by force, fraud, coercion or in which the person induced to perform such acts has not yet attained 18 years of age or the recruitment, harbouring, transportation, provision or obtaining of a person for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.” (22 U.S.C § 7102(11)(A)). Weak legal penalties and complex legal definitions create a low-risk, high-reward dynamic that encourages traffickers to continue to exploit vulnerable populations.[4]  

The alleged evil of porous borders:

            The DHS takes the stance that a porous border has been a root cause of human traffickers entering the United States and preying upon vulnerable victims, specifically unaccompanied minors.[5] The American government conducts wellness checks to unaccompanied minors, claiming they identify criminal sponsors and can commence investigations into the leaders of human trafficking rings.[6] The center for countering human trafficking now follows a similar philosophy by collaborating with the US Customs and Border Patrol to investigate forced labor and J-1 visa abuses.[7]  Facially, the Trump Administration’s human trafficking policies target traffickers and support minor victims, but in reality, they encourage discrimination and the deportation of those whom the system has failed.

Growing distrust leaves victims trapped:

The aggressive stance the government takes towards immigration leaves migrants even more vulnerable to the traffickers, as they grow sceptical of law enforcement. Seeking help now carries the potential consequence of deportation, making the traffickers’ claim of security more appealing to victims. Attacking human trafficking through an immigration lens essentially leaves victims fearful of reporting their traffickers. This is further amplified by the limited range of T-visas, which require specific collaboration efforts with law enforcement and only guarantee residency for a four-year period.[8]

The victims' distrust of the United States Government, law enforcement, and their programs is amplified by the wellness check policy. This policy is exploited by ICE to find undocumented migrants for deportation, and not to provide protection to unaccompanied minors.[9] These checks involve interviews of the children’s sponsors (who are often relatives), who then face the risk of deportation themselves.[10]  Innovation Law Lab is encouraging unaccompanied minors and their sponsors to avoid opening their doors to law enforcement and to refuse to answer any questions.[11] This not only has a negative impact on the migrant community as a whole but also serves as another wedge that keeps victims trapped in their situations through fear.

NGO’s lack funding to fill the gap:

            Advocates for human trafficking experience reductions in funding that prohibit their ability to assist victims who are distrustful of the government. NGO’s that address the supply side of human trafficking through uplifting victim voices and providing services struggle to meet the needs of victims, as their economic future is unknown.[12] When marginalized communities lose services and support, including alternatives to government-sponsored programs, they are left susceptible to manipulation by human traffickers.[13]

The federal government attempted to remove funding from Acacia’s unaccompanied children program, which provides legal services to unaccompanied minors and trafficking victims. This is only one of many examples where victims are left without choices.[14] Although a preliminary injunction was issued, enabling legal services for unaccompanied minors to continue, the funding is based on a 3-month renewal period, running the risk that services will cease again, leaving minors to represent themselves in immigration courts alone if they opt to cooperate with law enforcement.[15]

Prosecution through threats of deportation:

Despite the government rhetoric of prosecuting traffickers, the number of child human trafficking cases has decreased under the Trump administration.[16] The fear of deportation of victims and sponsors has seemingly allowed traffickers to remain hidden from the criminal justice system. The narrowing of investigative resources into migrant communities also leaves a gap for U.S. citizen traffickers who continue to operate under an even lower risk of criminal prosecution. The monolithic view of human trafficking as a problem of border control strips victims of protection without the tangible results of targeting and prosecuting the leaders of trafficking rings.[17]

Conclusion

Ultimately, the Trump administration’s policies of being tough on human trafficking fail to address the problem of human trafficking in the United States. The impact of attacking human trafficking through the lens of immigration has created an environment that encourages victims to stay in their situation due to fear of deportation, distrust of law enforcement, and lack of alternative resources.

[1] https://www.dhs.gov/news/2025/07/30/secretary-noem-taking-sledgehammer-criminal-human-trafficking-rings

[2] https://www.dhs.gov/news/2025/07/25/dhs-leads-efforts-rescue-child-victims-sex-and-labor-trafficking

[3] Id.

[4] https://www.unicefusa.org/stories/what-fuels-human-trafficking

[5] https://www.dhs.gov/news/2025/07/30/secretary-noem-taking-sledgehammer-criminal-human-trafficking-rings

[6] https://www.dhs.gov/sites/default/files/2025-08/25_00809_ccht_fy24-year-in-review-annual-report_508.pdf. P.1

[7] IId. P.2

[8] https://calcivilrights.ca.gov/humantrafficking/t-visa/

[9] https://innovationlawlab.org/uncategorized/unaccompanied-minor-wellness-checks-know-what-is-happening-and-know-your-rights/

[10] Id.

[11] Id.

[12] https://www.theguardian.com/us-news/2025/oct/03/trump-administration-human-trafficking

[13] https://ssir.org/articles/entry/ngos-funding-cuts-cost-evidence

[14] T https://acaciajustice.org/acacia-decries-administrations-termination-of-representation-for-unaccompanied-children/

[15] Id.

[16] https://tracreports.org/tracreports/crim/629/

[17] Id.