By Alethia Kasben
Gongwer News Service
Legislation that would increase penalties for human trafficking and make other changes designed to reduce trafficking in the state were heard by a Senate panel on Thursday.
Last month, Attorney General Dana Nessel joined bipartisan lawmakers in both chambers to announce her agency backed the package.
SB 520 , SB 521 , SB 522 , SB 523 and SB 524 were up before the Senate Civil Rights, Judiciary and Public Safety Committee on Thursday.
“Sadly, despite many bipartisan efforts over the years, the record in Michigan is dismal,” Sen. John Damoose, R-Harbor Springs, told the committee.
The first bill would make a human trafficking violation involving a minor or involving kidnapping, criminal sexual conduct, or death a felony punishable by up to life imprisonment and a maximum fine of $50,000. All other human trafficking violations would be punishable by up to 20 years’ imprisonment and a maximum fine of $20,000.
SB 522 and SB 523 focus on the child abuse component of trafficking, allowing a juvenile court to terminate parental rights if human trafficking occurred and allowing the Department of Health and Human Services to exercise its right over a child if human trafficking occurred.
SB 524 would increase the age of a person who could be guilty of misdemeanor or felony penalties for facilitating prostitution from 16 to 18. The bill would also create an avenue for individuals facilitating prostitution with no prior convictions to participate in a mandatory human trafficking awareness program. SB 521 would amend sentencing guidelines.
The bills received broad support on Thursday from mental health providers, business groups and law enforcement.
There were some concerns, however. Two attorneys told the committee language in the bills allowing the termination of parental rights could harm survivors of human trafficking.
Gonzalo Peralta, a staff attorney with the Michigan Immigrant Rights Center, opposed the bills in their current form.
Peralta said the result of SB 522 and SB 523 will likely be the separation of children from their parents and the potential weaponization of the language by traffickers.
“These bills could bring harm to the very trafficking victims they intend to help, especially farm worker families,” he said. “Simply put, the proposed bills could be used against victims of trafficking. Farm workers tend to travel and work with their families, and children are legally permitted to work in the fields. If the family unit were trapped by an employer or labor contractor, this law may be used to threaten to sever the rights of parents who were trafficked alongside their children as a way to silence potential complainants.”
Elizabeth Campbell, director of the University of Michigan Law’s Human Trafficking and Immigration Clinic, had similar concerns. She told the committee the legislation would allow courts to use a human trafficking conviction as evidence a person is an unfit parent, even if the trafficking did not involve a child.
“It makes little sense to assume that human trafficking adults, while very serious, directly proves a parent is incapable of caring for their own children,” she said. “The result would be unnecessary family separation, and the loss of children, by both victim parents and others, where there is no demonstrated link between trafficking and parenting capacity. I’m concerned that we will put more kids in the system that then makes them vulnerable to trafficking, as being in the system is one factor that is very common for individuals who are victims of human trafficking.”
Sen. Stephanie Chang, D-Detroit, chair of the committee and one of the bill sponsors, said stakeholders had a productive conversation on the issues this week and hoped they could resolve the concerns.
When describing the bills, Melissa Palepu, attorney specialist in human trafficking and child abuse in the Department of Attorney General, said the parental rights language would trigger two hearings. One to determine if human trafficking occurred against the child in question and another to address parental rights.
Overall, Palepu said the bills are necessary to prosecute human trafficking in the state and hold perpetrators accountable.
“(The bills) will ensure that Michigan is not friendly to traffickers and stands ready to protect victims and survivors of human trafficking,” she said.
Gongwer News Service
Legislation that would increase penalties for human trafficking and make other changes designed to reduce trafficking in the state were heard by a Senate panel on Thursday.
Last month, Attorney General Dana Nessel joined bipartisan lawmakers in both chambers to announce her agency backed the package.
SB 520 , SB 521 , SB 522 , SB 523 and SB 524 were up before the Senate Civil Rights, Judiciary and Public Safety Committee on Thursday.
“Sadly, despite many bipartisan efforts over the years, the record in Michigan is dismal,” Sen. John Damoose, R-Harbor Springs, told the committee.
The first bill would make a human trafficking violation involving a minor or involving kidnapping, criminal sexual conduct, or death a felony punishable by up to life imprisonment and a maximum fine of $50,000. All other human trafficking violations would be punishable by up to 20 years’ imprisonment and a maximum fine of $20,000.
SB 522 and SB 523 focus on the child abuse component of trafficking, allowing a juvenile court to terminate parental rights if human trafficking occurred and allowing the Department of Health and Human Services to exercise its right over a child if human trafficking occurred.
SB 524 would increase the age of a person who could be guilty of misdemeanor or felony penalties for facilitating prostitution from 16 to 18. The bill would also create an avenue for individuals facilitating prostitution with no prior convictions to participate in a mandatory human trafficking awareness program. SB 521 would amend sentencing guidelines.
The bills received broad support on Thursday from mental health providers, business groups and law enforcement.
There were some concerns, however. Two attorneys told the committee language in the bills allowing the termination of parental rights could harm survivors of human trafficking.
Gonzalo Peralta, a staff attorney with the Michigan Immigrant Rights Center, opposed the bills in their current form.
Peralta said the result of SB 522 and SB 523 will likely be the separation of children from their parents and the potential weaponization of the language by traffickers.
“These bills could bring harm to the very trafficking victims they intend to help, especially farm worker families,” he said. “Simply put, the proposed bills could be used against victims of trafficking. Farm workers tend to travel and work with their families, and children are legally permitted to work in the fields. If the family unit were trapped by an employer or labor contractor, this law may be used to threaten to sever the rights of parents who were trafficked alongside their children as a way to silence potential complainants.”
Elizabeth Campbell, director of the University of Michigan Law’s Human Trafficking and Immigration Clinic, had similar concerns. She told the committee the legislation would allow courts to use a human trafficking conviction as evidence a person is an unfit parent, even if the trafficking did not involve a child.
“It makes little sense to assume that human trafficking adults, while very serious, directly proves a parent is incapable of caring for their own children,” she said. “The result would be unnecessary family separation, and the loss of children, by both victim parents and others, where there is no demonstrated link between trafficking and parenting capacity. I’m concerned that we will put more kids in the system that then makes them vulnerable to trafficking, as being in the system is one factor that is very common for individuals who are victims of human trafficking.”
Sen. Stephanie Chang, D-Detroit, chair of the committee and one of the bill sponsors, said stakeholders had a productive conversation on the issues this week and hoped they could resolve the concerns.
When describing the bills, Melissa Palepu, attorney specialist in human trafficking and child abuse in the Department of Attorney General, said the parental rights language would trigger two hearings. One to determine if human trafficking occurred against the child in question and another to address parental rights.
Overall, Palepu said the bills are necessary to prosecute human trafficking in the state and hold perpetrators accountable.
“(The bills) will ensure that Michigan is not friendly to traffickers and stands ready to protect victims and survivors of human trafficking,” she said.
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