Guest Post — A Skeptic’s View of SB 197 on Human Trafficking

Filed in Delaware by on April 24, 2014

EDIT: I revised the title to reflect the correct bill number.

This is a Guest Post from multiple authors who wanted to discuss some of the weaknesses of HB SB 197 as they see it. As always, this Guest Post doesn’t represent the views or opinions of the editors of Delaware Liberal — we’re giving other voices a forum to air their concerns. I’m hoping that the folks who wrote this will join in the discussion.

We (multiple authors) decided to write this post to outline where exactly we see the land lies with SB 197. This particular piece of legislation has been a long time coming, and we roundly applaud Sen. Blevins and all the co-sponsors on the bill. It should sail thru the legislature easily – who would be against stopping Human Slavery.

However it seems other agencies, with the responsibility for enforcing the law seem to be either unaware or uncaring about the problem.

For example: The Delaware Department of Professional Regulation is the state agency responsible for monitoring massage establishments through the Board of Massage and Bodyworks. While massage is recognized as a legitimate form of healing, criminals are using massage parlors as a front for human trafficking and prostitution. The Board either doesn’t understand the nexus between massage and trafficking, or they simply don’t care about maintaining the integrity of their profession. The current regulatory rules are very weak and there have been no attempts to amend them despite the numerous arrests of licensed technicians and therapists in Delaware for operating prostitution fronts.

As the regulations stand now, police agencies can make prostitution arrests but, neither the police or DPR can close the shop. There is no requirement that the shop be licensed and therefore cannot be regulated or subject to inspection. The Board has jurisdiction over licensed therapists only. That means when one gets arrested, the store simply ships another girl in to replace her and the business continues to operate.

Several other flaws in the regulatory process exist. First, there is no requirement for “massage schools” to be accredited. That means technicians and therapists could technically obtain their credits in the basement of a Flushing, New York restaurant by watching tutorials from YouTube. Secondly, massage licenses do not bear photo ID of the licensee which facilitates license substitution. The fines for violations of operating without a license are a mere $500., the equivalent of one morning’s work and not nearly enough to deter repeat offenders.

The current Board of Professional Regulations namely David Mangler and Dave Dryden need to wake up to the reality of this problem. Massage is the perfect venue for criminal activities of prostitution and trafficking. If DPR does not tighten their regulations, the profession of massage will lose credibility as a modality of therapy. DPR could play an essential part in eradicating this scourge of illegal massage establishments. And there lies the question – do they care enough to do it or will it simply be business as usual?

There are other hidden away issues that folks may not see. For instance, Labor trafficking, and the right of the victims to receive compensation. The law is clear as to what trafficking is – and the trafficker is both criminally and civilly liable for the crime. But how can simple farm owners and summer store owners, locals be human traffickers?

Hypothetical examples – let’s say a landowner that has crops, be it strawberries, melons, mushrooms, what have you…they offer jobs to people coming in on a temporary work visa – there is a verbal contract for wages and when the wages are paid to the labor force, they are well below what it would reasonably cost to pick said crop or to work for the season for the employer.

Or the employer provides a house for the workers to stay in, in a farm situation; those workers never leave the property all through the season and a percentage of their wages are taken for room and board. The property maybe many acres in size and the home situated well away from prying and public eyes. The employer holds all immigration documents and intimidates and threatens the workers into silence, or threatens them with deportation. The landowner keeps the workers on their property, the fields are worked and the crop is picked at a nice profit. Everyone is happy, except of course the actual laborers, who may be under 18 or simply unable to get help, as they have been told and believe they have no recourse.

Is the landowner guilty of human trafficking? Absolutely! And the same goes for store owners that use foreign students in the summer to work in their stores. For years it has been public knowledge that some of these store-owners keep their worker’s immigration documents, disallowing them the opportunity to find other employment if the boss is not paying correctly, or with-holding wages to “pay” for lodging. It happens every year, and every year there are complaints and every year if they ever DO report it, they are told is a civil matter or a wage dispute and to take it to the courts, which of course does not happen.

Unscrupulous users of foreign labor have been getting away with this in our own back yards, despite the fact that there has been a statute on the book since 2006. We are not talking organized traffickers from out of state or international traffickers here, but locals who take advantage of the visa system and the fact that these foreign workers do not know our laws, and do not report the crime, and even if they do report, to date there have been no prosecutions for criminal activity. They are told, again and again, this is a civil matter for the courts.

Until this issue is taken seriously by law enforcement and not considered a simple wage dispute, it will continue to happen. This legislation is not a first step, it is actually a second step, the first step was obviously not taken seriously by agencies that have the ability and the jurisdiction to solve the problem.

Laws do not live in a vacuum – they need follow through, like actual enforcement and prosecution. We remain hopeful that this bill is not just window-dressing to make the state look good.

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"You don't make progress by standing on the sidelines, whimpering and complaining. You make progress by implementing ideas." -Shirley Chisholm

Comments (25)

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  1. Delaware Dem says:

    Who are the multiple authors? Just curious. But if they wish to remain anonymous that is fine.

  2. puck says:

    So what is the problem with HB 197? Does it need to be toughened, or what?

    Also left unsaid is that the routine but unfortunate employment of undocumented workers (illegal employment) is another facet of the human trafficking scourge. Save some outrage for farm and poultry employment and your neighborhood landscaper, instead of just indentured sex workers and their pimps. To end the abuses, make the penalties of all illegal employment too high for Delaware businesses to continue.

    Too many Delaware employers depend on the impunity with which they employ illegals, enough that the state is unwilling to impose a crackdown that reaches all employers and not just the massage trade.

  3. Dave says:

    Why doesn’t Delaware mandate the use of E-Verify?

  4. Aoine says:

    Not to make this post about undocumented immigrants or undocumented labor but E-verify is useless

    E-Verify only verifies that a particular name goes with a certain Social Security number.

    E verify does nothing too ensure that the person standing there is actually the person with that name and that number

    And business owners under the law are not responsible for verifying the validity of documents that are presented. And frankly sime don’t look too hard either

    The focus of this note is massage parlors sex traffic and the people who are responsible and those who patronize them

  5. puck says:

    “E-Verify only verifies that a particular name goes with a certain Social Security number.”

    That would be a giant step in the right direction.

    “E verify does nothing too ensure that the person standing there is actually the person with that name and that number”

    So what? It would eliminate casual and routine illegal employment, and narrow it to cases with actual forged documents. Anything that raises the barrier to illegal employment would be a net positive for exploited workers of all types and for the US economy.

    “The focus of this note is massage parlors sex traffic and the people who are responsible and those who patronize them”

    Reducing illegal employment of all types would reduce the matrix and support systems in which the massage trade abuses exist. The root of the massage trade abuses is the casual tolerance and acceptance of illegal labor of all types. Focusing on just the massage trade trivializes the problem and misses the point.

  6. meatball says:

    The Division of Professional Regulation has never had the ability to inspect facilities. Why would it, they regulate professionals and their licensing requirements. They don’t inspect boxing gyms, or hospitals, or real estate offices for example. I would think massage parlor inspection and regulation would fall under the scope of DHSS, the agency that inspects breweries, hot dog carts, nursing homes and the like. However, I can find no information about licensing and inspection specific to massage parlors or for that matter day spas on the web site.

    Keep in mind you don’t have to be a massage therapist to own and operate a massage parlor anymore than you need to be a chef to own/operate a restaurant.

  7. Aoine says:

    Good points puck and well taken

    However – many in the sex trade are US citizens – young

  8. Aoine says:

    Whoops posted too soon….

    Young runaways, Troubled youth etc. employment law and employment in general is not even touched on as
    An issue here

    All sex trade with those under 18 is a crime and must be stopped -let’s focus on that and serving the victims – regardless of nationally , gender, race or anything else

  9. Dave says:

    “E-Verify only verifies that a particular name goes with a certain Social Security number”

    Not to belabor the point, but no, that is incorrect. It verifies both identity and eligibility. In fact the social security card cannot even be used to verify identity in the process. You can review federal form I-9 to see what is required to verify both identity and employment eligibility that is then cross checked with E-Verify system.

    And it is a starting point which serves to eliminate the invisibles who are most at risk of becoming prey.

    Additionally, and specifically with the issue of “massage,” there are several fundamentals that are at play here.
    1. The world has had no success in eliminating the oldest profession (of which happy endings is a form). Nor have we succeeded in eliminating demand for that profession.
    2. There is always someone who recognizes demand and supplies what the consumer wants. So along with the oldest profession, I would suggest the second oldest profession are the suppliers (effectively pimps).

    So you have two choices, increase the criminalization and penalties associated with it (which results in higher prices, but not much else – see War on Drugs) or you regulate it to ensure that it stays within certain boundaries to eliminate involuntary servitude, etc.

    I’m not an advocate of legalization and regulation, but society has had precious little success with eliminating. Regulation would at least provide a means to make invisible revenue streams more visible, allowing for taxation and it would help ensure that those who cannot defend themselves have some protection and recourse.

  10. Aoine says:

    The documents used in the I-9 process from List a and list c and c – yes also do that

    And John Doe employer know WHAT about false documents exactly? Like I said before the employer is NOT RESPONSIBLE for the validity of the documents present

    So dave – while u r technically correct it is not a computer who is looking at the person presenting the ID. AND FOR ABOUT 500 bucks one can get a good fake

    Yes- technically one runs the # but the system collapses if the employer is unscrupulous

  11. Dave says:

    “but the system collapses if the employer is unscrupulous”

    Yes. As will all systems in the face of bad actors. Even though all systems decay over time (entrophy) the system is only as good as the inputs and operators of the system. Still, we need the system and need the system to be protected from bad actors in order to avoid collapse. E-Verify is not a total solution, but it needs to be part of the solution set.

  12. puck says:

    ” AND FOR ABOUT 500 bucks one can get a good fake”

    Great, then let’s make sure that becomes part of the price for every illegal job, as a deterrent. And if workers are caught working on fake ID, we can let them off the hook if they lead authorities to the supplier of their fake ID and the traffickers and bagmen who enabled them to get here.

    I think for the massage trade, more data is needed: What kind of working papers do these girls tend to have? Fake IDs, student or other visas, or undocumented?

  13. Aoine says:

    I don’t disagree Dave, but as you said its is PART of the system. certainly not the sole savior/solution many think it is.

    but back to trafficking, as puck said, illegal employment is part of the issue, true. Even legal employment of foreign and domestic workers is abused.

    the point is – we probably will have a law to address it, but it is the detection and investigation that must come before the law can be effective. So, what is the best way to handle this?

    the bill provides for postings and a hotline number, awesome, who will insure that say massage parlors will comply – who in the state is responsible for making it happen and enforcing that provision? If OPR doesn’t regulate the massage parlor itself, only the therapists – how is that done? and if an OPR inspector goes to a parlor and the license is only a piece of paper with no picture on it – how does one ensure that is the actual licensed therapist?

    who will be responsible for ensuring the hotline number and poster is on the wall?

  14. Dave says:

    Well part of the solution would be a national id but the wingnuts will yell and scream about black helicopters. So, I would propose a rather simple solution. Since every citizen and permanent resident has an SSN, the President, by executive order could require a photo on social security cards.

    Even if that is not a feasible solution, the bottom line is, for the protection of workers, protection of the nation, and many other reasons, including medical care, professional certification, yadda, yadda, we need a positive form of identification for every person. Until that happens, there will continue to be an invisible class of people that are preyed upon by the unscrupulous. You only exist as a person if you are recognized and you can only be recognized if you can be identified. Otherwise you are essentially jetsam.

  15. Aoine says:

    Horrors Dave! What will you propose next? Microchiping of people? 😉
    I am just poking fun at you- but sadly, what you say is actually correct, in this first world, technology society, to not be part of the Grid is to not exist.

  16. The point the authors are trying to make is a good one. No matter how strong SB 197 is, it’s gonna require a lot of coordination and education to render it as effective as it can be.

    And, while I generally don’t obsess over ‘happy endings’ when it’s a victimless ‘crime’, what we have here are real victims. I’d just as soon legalize prostitution and regulate it to take away the black market that creates a demand for trafficked victims. Face it, you’re never gonna eliminate prostitution.

    I think we’ve already made progress on the trafficking issue. I can’t tell you how many people have told me that they had no idea that this was going on. I didn’t either until a couple of weeks ago.

    The bill can be a powerful tool for building the kind of public involvement needed to successfully address this. In addition to those who commented on the blogs, we had two real knowledgeable callers to this week’s Al Show. It tells me that we can tap into this heretofore unheard constituency and use their knowledge to build an effective anti-slavery network in Delaware and beyond.

  17. Mmmm says:

    Interesting, had to do some research here. The title states HB 197 , however the post reads SB 197, which is correct for the title statement. Legislation against Human Slavery. However, chuckle at with the interconnect of the type-o. HB 197 deals with horseracing , signed into law in 2013. Legislation throwing another throwing another bone to the horseracing industry. A dead industry supported by politics. Who is the slave, slave owner in this ongoing game. HB 197 sadly answers that question. Now back to SB 197. Looks like a great idea, however a lot of moving parts. Commentary above mentions the Office of Professional Regulation. And yes it appears that office regulates the massage industry in Delaware. However, SB 197 does not address that area. It only addresses, Title 11 criminal activity , a 15 member council (wow) and public awareness. It appears the Office of Professional Regulation maybe lack in oversite. Hello…. wake up call. However, no real news there. Remember the VFW / American Legions etc…engaged in illegal gambling for years and law enforcement looked the other way. And now its legal. The state approved, licensed and taxed them. We also know Black Jack, the gambler likes Nevada, hell he just signed a gambling compact with them. Maybe prostitution is next. License, tax and make a buck. The Democratic party way. P.S. Truly, truly support this bill , oppose Human Slavery 100 % plus. Awareness is very important…. great post.

  18. Dave says:

    “Horrors Dave! What will you propose next? Microchiping of people?”

    LOL. Look we microchip the four legged members of our family because we love them. Apparently we love the two legged members a bit less. But consider how easy it would be to find a missing child, respond to Amber alerts, rescue the lost, validate someone’s identity (for voting, health care, gas at WAWA – waving your hand over the pump).

    I recognize that positive identification of everyone could be abused, but the benefits are almost immeasurable. In this day and age, would I microchip my kids? I would seriously entertain the idea considering the risks to their safety that is present in our society these days.

  19. puck says:

    the benefits are almost immeasurable.

    Benefits to whom?

    would I microchip my kids?

    The problem with missing children is that you can’t find them, not that you can’t identify them.

  20. Dave says:

    And yet I can instantly find my phone and my dog within 3 meters from anywhere in the world through my computer. Technology is not an issue.

  21. Aoine says:

    Personally, I don’t have issues with the idea – as long as I could remove it at will – like turning off “location sharing ” in my car or on my phone. it seems as if sometimes our “things” have more value than our people.

    But, the issue goes back to: Trafficking in persons and the States response to it – I did some research last night and another disturbing issue is that the Bill does not identify the WHO or the WHAT AGENCY will close places of businesses down that abuse their labor force by mean of trafficking.

    Be it Shop owners, Massage parlors, farms etc. The asset forfeiture part of the statute might help in some areas, But many of these Store Front “business” have no assets, the store is rented, the equipment inside nominal. When it comes to farms and land the issue is different, and the assets more readily seized or frozen.

    I wish some of these issues where clearer – or that I could find the answer in either Delaware Code or Administrative Procedure.
    anyone have thoughts?

  22. cassandra m says:

    But the technology needs to be sized to the job.

    Your Social Security number and your Driver’s Licence function as National ID methods, and both are fairly easily defeated for e-Verify purposes. Even with photos.

  23. Lazy Reader says:

    “the Bill does not identify the WHO or the WHAT AGENCY will close places of businesses down”

    Bingo. I’m sure another old timer will remind me of what year it was, but we went through this exercise a number of years ago. First, there was a set of regulations on the massage business, so the “massage parlors” turned into “relaxation and conversation studios”. The News Journal classifieds listed these “studios”, and there were two or three up on 202 and another couple along route 13. The State Police, under the coordination of the ATTORNEY GENERAL, conducted undercover operations posing as customers. In the one that used to be on the second floor of the shopping center on 13 north of the Golden Dove (over where they built that big Wawa), the “attendants” used those children’s writing tablets (the ones with the sort of opaque-ish plastic sheet over a sticky black plastic back that you wrote on with a stylus and could “erase” by pulling up the plastic sheet) to write down the prices for various services. That way, they wouldn’t be picked up by recording devices and they believed they could quickly erase evidence of the negotiation.

    Now, somehow, even before police could do things like, oh, “sit at a desk and look up reviews on the internet”, they were able to figure out which ones were doing shady business and bust the lot of them in span of about three months. Heck the only titty bar left within spitting distance of the settled part of NCCo was Trailways down past Smyrna, and it wasn’t much worth going to anyhow (although the beer was reasonably priced). Take one of those telephone numbers from the online classifieds and Google it – you’ll know in short order what’s available for how much.

    I’m all in favor of legalized prostitution with appropriate regulation but, good gosh, these “massage parlors” are run like kennels. And what every girl in them knows from what she’s been told is that, if caught, she’s going to go to jail and/or be deported back to who-knows-where, since there is a direct pipeline out of North Korea, through China, to the traffickers that get them here.

    I have to believe there is either money going into someone’s pocket somewhere, or else there are foxes in the henhouse, because there is no mystery about the proliferation of this sort of thing in Delaware, and somehow we managed to address this sort of thing effectively many years ago without a pretty-sounding piece of legislation.

    The “we’ll never get rid of prostitution” refrain is true, but this goes way beyond that, and I fully agree that unless enforcing the current regulations is “somebody’s job”, then all this legislation seems to do is to set up another circle of finger-pointing. Seizing the cash proceeds on the premises of these places alone ought to go a long way toward offsetting the cost of SOMEONE stepping up and DOING something.

  24. DLeedomN2500 says:

    Responses to several posts.

    Meatball, that is not correct that DPR has never had oversight over shops. Hair Salons and other businesses that fall under Cosmetology must have both a shop license and all operators must be licensed as well. http://dpr.delaware.gov/boards/cosmetology/renewal.shtml

    This allows DPR to “badge in” to question operators and ask for licensing without a complaint. Currently, DPR investigators only respond to locations that they receive complaints on.

    Make no mistake about it; prostitution has been around for many years and it will continue in it’s most recognizable forms. However, prostitution is a different animal than trafficking and racketeering and it should be treated accordingly. The factor that makes the difference is who is in control, and deceit, duress, and coercion. Legalizing prostitution is never a good solution because it is a pure gift to traffickers. It gives them cover and it is another layer for law enforcement to dig through to gather probable cause for a search warrant or an arrest. It makes it difficult to assist victims of trafficking and makes it hard to prosecute.

    One of the greatest facets of this new legislation is asset forfeiture and I expect it will be put to use. The manager and higher-up must be ferreted out, prosecuted, and their assets seized. Although it will take manpower to put a case together, in the end, it will eventually be well funded by seizures. And, this must be done even-handedly from the massage shops to the big commercial farms. Organized crime wants to make money. If you take it, they will eventually feel the pain and either go away or go to jail. I prefer the latter.

    While there is some thought that these are zero-asset businesses, this is not true. Managers and Bosses drive new cars (two massage owner/bosses in Delaware have been spotted driving a Benz and Escalade), they own houses (one paid $555,000 cash for a home in Middletown, two have homes in Newark), they own racehorses, some businesses are in houses that are owned by the operators. Some do have bank accounts, although they mainly trade in cash or have third party do all their financial transactions. The net has to be cast widely to pull in third parties and all tangible assets. Netting these third parties/straw men is essential as this is how traffickers, labor and sex, fly under the radar and leave little paper trail.