immigration

If I Believed in a Wrathful God I'd Be Wondering What Missouri, Kansas, Minnesota, etc. Really Had in Common

Dayton, OH, reporter Jamie Jarosik says

On Sunday, there was another devastating tornado outbreak. Parts of Oklahoma, Missouri, Iowa, Minnesota and Wisconsin had reported touchdowns:

Source: WDTN Channel 2

Image via WDTN.com Cached as a bandwidth-conserving courtesy
Image via WDTN.com.

I gotta say I'm not a very big fan of the tendency right-wing religious conservatives have of casting every natural and manmade disaster as punishment from God for insufficient adhering to their particular political interests.

But!

If I were so inclined, or if I was inclined to ponder such disasters as indications of the wrath of God, then I'd be asking myself what the states of Missouri, and Iowa, and Alabama, and Minnesota, and Kansas, and and Tennessee, and Georgia, and Texas have been up to, since all have recently been hammered with tornados much larger and more destructive than usual. They might want to reconsider whether, under the circumstances, God really does approve of the spate of recent hate- and oppression-filled legislative campaigns against the poor, against the brown, against gays, lesbians, bisexuals and trans people, and of course against women.

I don't think God actually works that way*, but those people generally do. And if you did believe it, and if you added up the ways they've a) been doing a great deal of evil and b) getting walloped, then you might have a tough time justifying not repenting

* Although I do believe global warming works that way. And while the current spate of very bad weather is more a byproduct of La Nina (note, link from 1999 deliberately chosen) over the long run as the planet warms North American temperate-zone weather is going to tend to become more extreme. And but states in tornado alley haven't actually been any more egregious about climate denialism than, say, intermountain-west states which probably won't be adversely affected by the "wrath" global warming and might even come out slightly ahead.


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New York Senate Passes Labor Bill of Rights for (Largely Migrant and Immigrant) Domestic Workers

Katherine Franke of Columbia University’s Gender & Sexuality Law Blog says of a recent report on New York State’s Domestic Workers Bill of Rights bill, which recently passed in the state Senate.

Frequently ignored in the debates about human trafficking is the vulnerability of the women (typically women of color and often immigrants with less than secure legal status) we pass every day on the street who are caring for other people’s children.  . . working conditions in many cases indistinguishable from those who the law would consider trafficked.  Because the labor of domestic workers is not primarily sexual in nature, their exploitation has been largely ignored . . . 2006 report: Home is where the work is: Inside New York’s Domestic Work Industry

Read the quote in context here.

Sure, it’s not as “sexy” as sex-trafficking and/or pimped prostitution, and since it’s about the way mostly affluent, mostly white people treat their servants and… um… slaves the issue is of no interest whatsoever to mostly white, mostly affluent conservative and neo-conservative “anti-trafficking” activists like Michael Horowitz, Laura Lederer or Donna M. Hughes. But any measure you care to waive about there are vastly fewer immigrant sex-workers than immigrant domestic workers (200,000 in New York City alone according to Domestic Workers United’s report “Home is Where the Work Is” (pdf). And by almost any measure you care to waive about there are more exploited, physically abused, and trafficked immigrant domestic workers than there are similarly trafficked sex workers.

Important: You’ll notice I’m not saying there are no trafficked or otherwise conscripted sex-workers in the U.S. Because, um, there are. Just that they’re only one segment of a much larger national scandal of abuse and exploitation.

Even more important: Gee, I wonder if the genteel obsession with “white slavery,” to the exclusion of everything else, has something to do with the generally socially very conservative and neoconservative nature of the activists involved? And gee, I wonder if there’s any conceivable correlation between the social-conservative and neoconservative indifference to non-sex slavery on the one hand, and their visceral antagonism towards the domestic, industrial, and agricultural unions who tend to champion the rights of exploited non-sexually trafficked? Nah, there’ couldn’t be a connection there.

And hmm… no way they’d object to harm reduction and/or legalization of sex workers (let alone undocumented immigrants in general) just because, say, SEIU or other service-related unions would almost certainly work towards organizing them. Right?


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Feature Not Flaw: Arizona and Rhode Island Law Intentionally Affects Those Who Are Legal But Loathed

Following up on my previous post, How New Laws in Arizona and Rhode Island Will Tend to Benefit Traffickers at the Expense of Their Victims, where I compared the consequences of laws against illegal immigration in Arizona and laws against prostitution in Rhode Island and most other states.

Another element of comparison would be that not only do such laws particularly benefit traffickers at the expense of their victims, they also seriously disadvantage people who are similar to those who are outlawed. And incidentally this is seen not as a bug but a feature for proponents, who by are by and large not, in Arizona for instance, motivated by disdain not only for illegal brown people but for brown people period. And so they could give a lily-white shit that their new law makes life a living hell for residents who’s families have lived there since before statehood.

Activists in Rhode Island similarly despise not just forced sex work but all sex work, and so they could give a patrician’s cuss if non-trafficked sex workers in their domain are forced into deeper peril.

As I say, increasing misery for legal residents and legal sex workers isn’t a flaw in these laws but an entirely desired result.

And yes, as a matter of fact I do believe that reflex prejudice interferes considerably with the creation of policies that might instead mitigate any real problems that might result from either sex work or migration from places where opportunities are fewer than they are here.


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How New Laws in Arizona and Rhode Island Will Tend to Benefit Traffickers at the Expense of Their Victims

According to Lieutenant Raymond E. Foster, LAPD (ret.) of Criminal Justice Online

Florida Couple Charged in Forced Labor and Document Servitude Conspiracies

April 28, 2010WASHINGTON – Sophia Manuel and Alfonso Baldonado Jr. have been indicted by a federal grand jury on charges arising from a human trafficking scheme to hold Filipino nationals in forced labor in country clubs and hotels in Southeast Florida, the Justice Department announced.

According to the indictment, defendants Manuel, 41, and Baldonado, 46, owners of Quality Staffing Services Corporation of Boca Raton, Fla., conspired to obtain a cheap, compliant and readily available labor pool. The indictment details the defendants conspired to hold the workers in their continued service, for little or no pay, and housed them in substandard conditions without adequate food or drinking water.

The indictment alleges that the defendants used false promises to entice the Filipino nationals to incur debts to pay up-front recruitment fees; and then compelled the workers to remain in the defendants’ service, despite inadequate work or income to pay off the debts, using a scheme of threats to have the workers arrested and deported with no way to repay their debts, confiscation of the workers’ passports and rules and controls restricting the workers’ freedom of movement and communications with outsiders.

He said it here.

But wait, from the same website there’s more

Arlington, Texas Couple Convicted of Forced Labor and Other Crimes for Holding Nigerian Woman in Domestic Servitude

February 3, 2010 – WASHINGTON—A federal jury has convicted an Arlington, Texas husband and wife Emmanuel and Ngozi Nnaji of engaging in a nine-year scheme to compel the labor of a Nigerian victim as their domestic servant, the Justice Department announced today. The jury found the defendants guilty of conspiracy, forced labor, document servitude, alien harboring and false statements. Ngozi and Emmanuel Nnaji each face a maximum sentence of up to 55 years in prison.

According to the evidence at trial, Emmanuel Nnaji and Ngozi Nnaji enticed a widowed Nigerian mother of six to come to the United States to be their domestic servant by falsely promising a salary and support for her children, who she was struggling to support.

“Holding other human beings in servitude against their will is a violation of human rights that will not be tolerated in our free society,” stated Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “This prosecution demonstrates our commitment to combating human trafficking in all its forms, vindicating the rights of trafficking victims and bringing human traffickers to justice.”

He said it here.

But wait, there’s still more

Two Brothers Plead Guilty in Conspiracy to Hold Thai Workers in Forced Labor in Hawaii

Defendants Alec Sou and Mike Sou, co-owners of Aloun Farm, pleaded guilty on Jan.13, 2010, in federal district court in Honolulu, to conspiring to commit forced labor. The two defendants, who are brothers, each face up to five years in prison for their respective roles in a labor trafficking scheme that held Thai agricultural workers in service at Aloun Farm through a scheme of debts, threats, and restraint.

During their respective plea hearings, the defendants acknowledged that they conspired with one another and with others to hold 44 Thai men in forced labor on a farm operated by the defendants, using a scheme of physical restraint and threats of serious harm to intimidate the workers and hold them in fear of attempting to leave the defendants’ service.

“Holding other human beings in servitude against their will is a violation of individual rights that is intolerable in a free society,” stated Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “This prosecution demonstrates our commitment to combating human trafficking in all its forms, vindicating the rights of trafficking victims, and bringing human traffickers to justice.”

He said it here.

Now why, you might ask, would I be talking about all this domestic, agricultural, sexual, and labor servitude, a.k.a. human trafficking on a nice morning in May, 2010?

One big reason derives from a companion piece to the Dreams Die Hard documentary about trafficking and involuntary servitude in the United States from Free The Slaves. The companion piece is called the Dreams Die Hard Study Guide. In the section “What Happens to Slaves?” the following bullet point really stood out.

When they turn to officials, trafficking victims may get harsh treatment if the police officer or immigration staff regards the escaped victim as an illegal immigrant. Although some law enforcement officials have immediately rescued and protected people in slavery, there have been tragic situations where police simply failed to recognize slavery. Proper training is crucial.

Source: Pg. 3

It just made me wonder how much better off Arizona’s de facto slave owners are now that the state legislature has made it even more illegal to be an undocumented immigrant. And, given the gleeful promises of ever-more draconian enforcement by sadists like Maricopa County Sheriff Joe Arpaio, how much further is this law going to shift the balance of power even further in the direction of those who already abuse trafficked people.

—-

Note: I was inspired to write this post by search results that showed up while I was trying to verify whether the authors of the website Citizens Against Trafficking were living up to their claim that they’re “a broad based coalition formed in 2009 to combat all forms of human trafficking.”

The short answer appears to be no: they instead appear to have been primarily opposed to prostitution, which they say is a hotbed of trafficking, and only in the state of Rhode Island. They were particularly opposed to a loophole in Rhode Island that made some forms of prostitution legal there.

The law has recently been amended, with much applause and support from the website’s authors: it’s now as illegal to be a sex-worker in Rhode Island as it is to be an illegal immigrant in Arizona. With what will turn out to be, I’m afraid, similar consequences for sex workers.

As I’ve mentioned relatively often I personally don’t care much for sex work in the current dominant paradigm since I believe, strongly, that it reinforces rather than relieves our expectations that all sex between men and women is ultimately transactional. And I strongly regret when people cross borders illegally. On the other hand I don’t think either sex work nor immigration ought to be illegal primarily because it increases rather than mitigates the underworld environments serious anti-traffickers are concerned puts victims most at risk — whether they’re “massage parlor” workers in Rhode Island, or “nannies” in Maryland, or “lettuce pickers” in Arizona.


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Sungold on Protecting All Trafficking Victims: "Because There's Nothing Sexy About Their Enslavement"

Sungold of Kittywampus says almost all that needs to be said about certain monomaniacal definitions of “trafficking.”

Nor do I want to see trafficked domestic workers (for instance) completely ignored because there’s nothing sexy about their enslavement. (As if forced prostitution might be sexy??!!?)

Read the quote in context here.

She’s referencing a bill in the Ohio legislature, introduced by Rep. Teresa Fedor and endorsed by the Polaris Project that defines human trafficking a stand-alone crime that shocking, I know “include[s] a broader definition that covers forced labor in addition to coerced sexual activity.”

Which is pretty cool.

Also cool is Sungold’s thoughtful distinctions about who is and who isn’t a victim in sex work and how our (too-often willful) misunderstanding complicates the lives of all manner of vulnerable subsistence and migrant populations.

Also, happy 2nd blog anniversary to Sungold.


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University of Pennsylvania Law Review to Sponsor on Trafficking in Sex and Labor: Domestic and International Responses November

KJ of ImmigrationProf Blog says

The University of Pennsylvania Law Review will hold a conference on “Trafficking in Sex and Labor: Domestic and International Responses November” on November 13-14, 2009 at the University of Pennsylvania Law School, Philadelphia, PA. Human trafficking is currently a major global concern. Rates of trafficking, slavery, and involuntary servitude continue to increase, and the global economic crisis is expected to worsen the problem while frustrating efforts at prevention, prosecution, and remediation. Trafficking also touches upon a broad array of domestic and international legal issues, from policies on immigration and prostitution to gender equality and the problem of violence against women. The issue is currently under active debate in Congress and is likely to receive renewed focus with the change of administration in the United States. The University of Pennsylvania Law Review Symposium will address trafficking in persons—the transportation of people across national borders, often through the use of force, coercion, fraud, or duplicity—from a domestic and international perspective.

KJ

Read the quote in context here.

(Via Google Alerts on the keyword “sex trafficking.”)


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Trafficking Post Follow-up: Guilty Verdicts in Los Angeles

Following up on a post from last January, a press release by Thom Mrozek of the DOJ Central District of California Office reports that…

LOS ANGELES – Five defendants, all members or associates of an extended family, face potential life prison sentences after being found guilty today of international sex trafficking for participating in a scheme that lured young Central American women and girls into the Los Angeles area and forced them into prostitution, announced Acting Assistant Attorney General Loretta King for the Civil Rights Division and U.S. Attorney Thomas P. O’Brien for the Central District of California.

The defendants, four Guatemalan nationals and one Mexican national, were convicted of conspiracy; sex trafficking by force, fraud, or coercion; and importation of aliens for purposes of prostitution. The jury in the case was unable to reach unanimous verdicts on additional charges.

During a six-week trial, the government presented evidence that the defendants targeted young, uneducated, impoverished undocumented women and girls from Guatemala, and conspired to lure and smuggle them into the United States, where they were put to work as prostitutes. All but one of the victims were enticed with bogus promises of legitimate jobs. But after arranging for the victims to be smuggled across the U.S.-Mexico border, the defendants used a combination of threats – deception, rape, physical violence and witchcraft – to compel the victims to perform acts of prostitution.

Read the rest of the press release here.

In my original post I mentioned one of the victims who pretty clearly believed she was being voluntarily smuggled into the U.S. to do domestic labor despite the defendants claims that all their victims had agreed to be smuggled for sex work. Mrozek’s press release suggests only one victim had arrived with the intention of doing sex work.

But as I also mentioned in the original post it doesn’t really matter what their intention was: the victims agreed only to be smuggled — transported across the border for a fee. The perpetrators instead trafficked them, withholding their incomes, forcing them to work without compensation, and keeping them physically and psychologically captive —including with threats to… wait for it… turn them over to immigration service for imprisonment and deportation.

Trafficking would still occur without restrictive immigration and border-migration policy. And sex trafficking might still occur if sex work was legal and socially destigmatized. But the motivation to trust one’s luck to someone who might only smuggle you but… might not would nearly evaporate. And so would the opportunities for traffickers to hook their victims in.


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Remember Lee and Ling Were In North Korea Investigating Exploitation of Migrants

Ann Bartow of Feminist Law Professors says

Wouldn’t you think the media would be a little more invested in figuring out why Ling and Lee were considered threats by North Korea? It’s because they were investigating sex trafficking for Current TV, as only briefly noted in this NYT article, which states: “It ended a harrowing ordeal for the two women, who were stopped on March 17 by soldiers near North Korea’s border with China while researching a report about women and human trafficking.”

She said it here.

To be perfectly honest no, I don’t think the press was so much not invested in the trafficking angle as they were in the much more operatic “ZOMG North Korea’s Got Kim Jong-il and Teh Bomb.” An oldie but goldie for the press since the lead up to the Korean War in the 1950s.

That’s not to say the situation for North Korean migrants in China isn’t really, really dire. They caught firmly in classic political and economic shears: on the one hand there’s no, zero, none opportunity in North Korea and a fairly substantial chance of outright starvation; on the other hand it’s particularly illegal to migrate without documentation to China from Korea, and the penalty (being “repatriated”) brings gruesome penalties at home. Consequently migrants there, like, say, undocumented Romanian migrants in Italy or undocumented Haitian migrants in Florida are extraordinarily vulnerable to sexual or other forms of labor exploitation. Something about “all I have to do is contact the authorities and you’ll be dead in a month” that really gives employers… or for that matter random-but-documented passers by… extraordinary leverage in negotiating, um, tasks and wages.

When the border in question separates cultures which both have strikingly awful human rights records and indifferent to bad attitudes towards women in particular then yeah, good for Lee and Ling for putting their lives on the line to shine light on the situation. Now that they’re home, and once they’re rested, I hope Lee and Ling will have an opportunity to write not only about their experiences in custody but also about the topics they went into jeopardy to cover in the first place.


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Lie Down With PUAs, Get Up With... Challenged Assumptions

Tyler Cowen of Marginal Revolution, of whom one can usually expect better, says

Sebastian Flyte, an unusual commentator, wrote:

“A man’s mate value is tied to status – if he emigrates he throws away whatever mate value he built up in his life. A girl’s is tied to youth and beauty. These are carried with her luggage.”

He has a point.  Female migrants should on average be prettier, ceteris paribus, than those who stay in the old country.

He said it here.

Sebastian Flyte, for the record, is some sort of Pick-up Artist. That doesn’t make him wrong. The content of his assertion does. But what do you expect — he also thinks “Girls are pretty boring creatures.” Because, he says, “The amount of time I’ve spent on the internet in my life has given me a depth of knowledge far greater than the average girl I meet. I simply know WAY more about how the world works. Girls spent their teenage years socialising. I was on the internet and reading books. This knowledge-divergence can be both a blessing and a curse.” Because, I say, he thinks women are creatures (mmm, heterosexuality as bestiality!) Because for all his living on the internet he hasn’t yet figured out that single, unattached women, being human beings and therefore having libidos, are rather keen on sex and therefore don’t have to be tricked or confused into it. But I digress…

I’m more surprised by Cowen’s assertion that everything else being equal female migrants should be prettier than those who don’t migrate. (Later in his post he at least leaves open the equally silly but less gender-binding possibility that men who migrate could also be more attractive.)

I think it’s beyond silly. If looks and youth were such strong determinants you’d expect (using the economics version of Mazlow’s hammer) that younger, more attractive women would be more appealing, and thus of higher “value” to establishment men in the location of origin and so ceteris paribus they should also have less reason to migrate than their older or less attractive peers.

Actually, obviously, I’m pretty sure ambition on the one hand and how stagnant or stifling the place of origin is compared to the destination on the other have way more to do with decisions to migrate than either looks, transferrable skills, or other “mate value.”

Another factor would tend to be local connections for the would-be migrant — either opportunities (parents or parents friends fast tracking employment or business prospects, for instance) or obligations (“we need you to run…” or “but who will take care of…?) And so to the extent that women are the traditional parental caregivers, and since younger women tend to have younger parents, one would expect that, again ceteris paribus, younger women (whether attractive or not) would have fewer obligations and therefore fewer binding connections than somewhat older women, even unmarried ones.

And yeah, yeah, you can ride ceteris paribus to the rescue (but “all other things being equal” could mean compared to women who’s parents are all the same age and who’s parents are able to invoke the same obligations on them) but if you ride it too far you’re left with inconclusively small sample sizes.

And for the record Cowen plays (also uncharacteristically) a xenophobia card when he says “From a public choice point of view, the women in the country receiving the immigrants should be more suspicious of liberal immigration policies than should be the men in the receiving country.” All them immigrant dames being statistically prettier and younger and (oh heck, why not play that card too?) exotic and pliant and therefore more desirable to destination-local men than the flinty local women they’d otherwise have to choose from.

(And I bring up this criticism despite Matt Yglesias’s sensible and useful Emerson Hall maxim about jumping on experts for seeming elementary mistakes, articulated here. For one thing Cowen is an expert economist, not an expert on migration. For another, he’s citing someone who, in addition to being a pickup artist, is even less of an expert on migration.


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An Unspoken Non-Assumption in the 2009 Department of State Trafficking in Persons Report

In a section called “Debunking Common Trafficking Myths” Department of State Trafficking in Persons Report 2009 makes a some helpful distinctions about who becomes trafficked and when. (Italics mine.)

Initial Consent: A person may agree to migrate legally or illegally or take a job willingly. But once that work or service is no longer voluntary, that person becomes a victim of forced labor or forced prostitution and should accordingly receive the protections contemplated by the 2000 UN TIP Protocol. Once a person’s work is recruited or compelled by the use or threat of physical violence or the abuse or threatened abuse of the legal process, the person’s previous consent or effort to obtain employment with the trafficker becomes irrelevant.

A person may agree to work for an employer initially but later decide to stop working because the conditions are not what they agreed to. If an employer then uses force, fraud, or coercion to retain the person’s labor or services, the employer becomes a trafficking offender and the employee becomes a victim.

In April 2008, this type of misplaced reliance on a worker’s initial consent led to the deportation of three Thai victims from a European country because, according to the head of the anti-trafficking police unit in that country, the victims had consented to the employment and had arrived voluntarily in that country as guest workers. The victims in this case discovered their employment conditions were vastly different from what they expected when they initially accepted their jobs and traveled to Europe; further, their employers retained their passports, forced them to sometimes work without compensation, and threatened to turn them over to police if they did not work as they were told.

Prior Work History: Previous employment choices also do not exclude the possibility that a person may be a victim of trafficking. Some government officials fail to identify victims of sex trafficking because they may have willingly worked in the sex industry prior to being trafficked. Law enforcement may fail also to identify victims of labor trafficking because they are migrant workers and may have previously worked in difficult conditions, either legally or illegally. Whether a person is a victim of labor trafficking turns on whether that person’s service or labor was induced by force, fraud, or coercion.

Read the quote in context here.

It’s good to hear acknowledgement that neither sex work nor migration are synonyms for trafficking (despite neocons and conservative feminists to make them so.) Instead “trafficked” is something sex workers and migrants can become.

In a nod to a particular bugaboo of mine (and other people who wonder WTF with the vestigial “k”) there’s a clarification of what, exactly, is meant by the word “trafficking,” in a section on how it translates in different languages. (Italics again mine.)

Finding the right words to describe the crime remains a persistent challenge in combating human trafficking. Most formulations used to describe trafficking focus on the trade or buying and selling of people, or they mean something closer to “smuggling,” which relates specifically to movement over borders. These words, including the word trafficking in English, may not adequately capture the most important aspect of the practice: exploitation.

Now you’d probably be right if you thought using “exploitation” to clarify “trafficking” wasn’t exactly a step up. For instance Karl Marx pointed out (in a strictly technical sense) that the CEO of a corporation can be considered “exploited” if his or her labor nets her or his company more in revenue that it pays in salary, wages, stock options and other perqs. And thus someone (in the case of sex-workers even conservatives become Marxists) that any sex-worker or migrant who creates more value from their labor than they are provided in compensation is exploited. Similarly (as Jill né Twisty) points out PETA (sexually) exploits women in its pursuit of… killing and eating organism (or, in the case of Che Guevera’s grandaughter’s carrot bandolier, killing organisms for use as decoration) that are genetically less rather than more related to us.

But in this case the term doesn’t just mean “brings in more that you’re being paid out” or even “do something you’d otherwise rather not do but you’re doing for work.” Instead it means “applying leverage to get people to do something whether they want to or not, while not compensating them for what other, free individuals could reasonable expect to be compensated for.”

And if you put the first quote (common myths) with the second (trafficking is “exploitation”) you see something that isn’t expressly mentioned, delved into, analyzed, discussed, or debated in the Department of State Trafficking in Persons Report 2009: the leverage that’s most often applied in the exploitation of sex workers and migrants is that if the exploited individual tries to get help from the authorities the authorities will instead jail and/or deport them because both migration and sex work tend to be far more illegal than trafficking.

Don’t get me wrong — trafficking can happen for forms of work that strictly speaking don’t involve transnational migration or sex work — the egregious trafficking of children into sweatshop and agricultural labor in India and parts of Asia come to mind. But there’s not much the State Department, or the United States government, or governments of so-called “First World” countries in general can do about that. But the bulk of exploitation through trafficking that happens in the U.S. and other “first world” countries is about transnational migration and sex work. And it is within those countries’ power do do something about it.

Don’t know why the report, authored by people from here, wouldn’t get into that, since the illegality of undocumented migration and sex work are the key ingredients of exploitation here. But there you go.


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