Hillary Clinton today agreed with MSNBC host Joe Scarborough that Florida Gov. Ron DeSantis sending 50 undocumented migrants to Martha’s Vineyard is “literally human trafficking.” There are good-faith reasons to oppose the transportation to migrants to the island, but, as a legal matter, this is legally nonsense.
On the program, Scarborough repeated the common claim that this transportation qualifies as “human trafficking.” In fairness to Scarborough and Clinton, some law professors have echoed this view which is wholly at odds with not just the governing statutory provisions but controlling case law.
Clinton, who is a lawyer, chimed in with the same dubious analysis:
“I think, Joe, you have laid out the craziness of the time in which we’re living where some politicians would rather not only have an issue but exacerbate it to the extent of literally human trafficking, as you said.”
So MSNBC and these legal experts are telling the public that the consensual transport of migrants within the country constitutes human trafficking. Human trafficking is not synonymous with moving humans in traffic. It is a legal term and a serious crime. It is always dangerous to introduce actual law into these legal claims, but it is worth noting a couple of salient facts.
This is not a program designed to put people in “peonage” under 18 U.S.C. 1581. Under 22 U.S.C. § 7102(11), prosecutions are based on “sex trafficking in which a commercial sex act is induced by force, fraud, or coercion, or in which the person induced to perform such act has not attained 18 years of age” and “the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage or slavery.”
Neither is at play in this program.
The Justice Department has long interpreted its mandate for prosecution under this provision as addressing “a crime that involves exploiting a person for labor, services, or commercial sex.”
States like California follow a similar view:
“Human trafficking, also known as trafficking in persons or modern-day slavery, is a crime that involves compelling or coercing a person to provide labor or services, or to engage in commercial sex acts. The coercion can be subtle or overt, physical or psychological, and may involve the use of violence, threats, lies, or debt bondage.”
I assume that Hillary Clinton is not arguing that Gov. DeSantis is transporting these migrants for exploitive sex or labor.
Even the more general provision in the European Union would not establish such a crime in this case. The Directive on Preventing and Combating Trafficking in Human Beings and Protecting Its Victims, 2011 O.J. (L 101) 1, defines the crime as:
The recruitment, transportation, transfer, harbouring or reception of persons, including the exchange or transfer of control over those persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation.
…
3. Exploitation shall include, as a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, including begging, slavery or practices similar to slavery, servitude, or the exploitation of criminal activities, or the removal of organs.
There have been allegations that the migrants were misled into joining these flights and bus trips. However, even with such alleged fraud (which has not been shown to have occurred or to be systemically present), it would not be a transport for the purposes of sexual or labor exploitation or peonage.
Once again, there are a host of objections that can be made to this program without claiming that this is actual or “literal” human trafficking.
You want to talk about human trafficking, talk to the democrat cartels running both sides of the border.
🤣 Finally some of the GOP is playing according to the Rules for Radicals.
“Hello, is this 911? Yes, there are brown-looking Latinx people outside my 20,000-square-foot seaside home, and they aren’t even carrying leaf blowers,” said a terrified Mavis McWhite to the dispatcher. “They aren’t even holding so much as a rake. They’re up to no good. I’m scared! Please send help!”
https://babylonbee.com/news/marthas-vineyard-resident-calls-police-to-report-a-latino-in-the-neighborhood-not-operating-a-leaf-blower
I think this is all hysterical. An all expenses paid side trip to Martha’s Vineyard. Great views blocked by mansions. Ted Cruz pointed out that the city of Del Rio (30,000 population) had 15,000 undocumented migrants dropped on them in 1 day and no one gave a damn. Dumping all those people on Texas, New Mexico and Arizona is a crime by an inept and criminal federal government. Send more to D.C., New York, Chicago, Boston and let them howl. If Biden and his boys were so compassionate then every state should get their fair share of migrants. Better yet close the border and allow for reasonable and controlled immigration instead of an invasion.
As for Hilary, who gives a damn what she thinks anyway.
https://www.mvtimes.com/2017/07/26/hate-no-business/
This articles talks about welcoming all sorts of people, including immigrants (until they actually show up).
By the way, how can an island that hosts tens of thousands of people daily during the summer be overwhelmed? Just asking.
Is border security required by U.S. Constitution (Article 4, Sec. 4)?
Why did government establish CBP?
For some the concept of national sovereignty. is a cornerstone and they oppose the open borders policy that makes a mockery of law enforcement, public safety, private property and states rights.
Here is a link what Pope Francis had to say about border control:
https://www.mixedtimes.com/news/pope-francis-says-every-country-has-the-right-to-control-its-borders
@Turley,
C’mon. MA is a sanctuary state. There’s even a window sign that says that they stand with the migrants.
Lets put that to the test.
Oh wait, they bused them away already.
I guess they couldn’t put them up in a hotel or something?
Could they call in FEMA, get a bunch of trailers and have them camp out on Obama’s 20 acres?
And there were only 50 of them.
C’mon, you have to congratulate DeSantis for pointing out the NIMBY attitude and hypocrisy of the Left.
-G
Martha’s Vineyard is an island. How can buses remove the migrants from it?
Bus to the ferry…
👍
Maybe there is no crime, but maybe there is. I’m not sure. There is probably enough there to create probable cause in front of the right magistrate to get a warrant, or better yet it involves foreign nationals, so a FISA order may be needed. We need to get a better idea of what DeSantis and Abbott are up to… Who are we kidding, they are already be surveilled.
Frankly I’m waiting and hoping for a shoot out between the FBI and Florida State Troopers.
Say When.
That you hope for a shoot out makes you a sick person.
I’m curious why you refer to them as “undocumented migrants”, instead of the correct term: “illegal invaders”, or “illegal aliens.” I’m quite certain they have “documents”, for example, so they aren’t “undocumented.” And “migrants” is just the leftist way to refer to illegal aliens.
I know you’re a lawyer, so I’d like to know your reasoning on this.
@Tom,
Its illegal aliens.
They are considered ‘undocumented’ because they most likely crossed the border lacking documents to show who they were.
That said, Turley is a liberal at heart and is trying to be PC.
-G
They aren’t necessarily in the country illegally. It’s legal to cross the border, present yourself to DHS, and request asylum.
Typical deceit. Note Democrat and Deceit start with the same letter.
“ So MSNBC and these legal experts are telling the public that the consensual transport of migrants within the country constitutes human trafficking.”
It wasn’t consensual. The migrants were told they were being sent to Boston for faster processing. Furthermore DeSantis sent a plane to pick up these migrants from Texas and take them to Massachusetts. That has been pointed out by legal experts to be illegal.
These Republican Governors are having some fun and games to score political points using people as pawns.
You do realize, Svelaz, that the liberal, humanitarian residents of Martha’s Vineyard shipped out the illegal immigrants from Martha’s Vineyard today because they objected to taking care of people they consider to be “lower class” and “unacceptable” and “not in keeping with the proper racial and socio-economic profile that residents of Martha’s Vineyard must have”? Please explain why the Democrats of Martha’s Vineyard are not “using people as pawns.” And please support your hypocritical position.
JFeldman,
“ You do realize, Svelaz, that the liberal, humanitarian residents of Martha’s Vineyard shipped out the illegal immigrants from Martha’s Vineyard today because they objected to taking care of people they consider to be “lower class” and “unacceptable” and “not in keeping with the proper racial and socio-economic profile that residents of Martha’s Vineyard must have”? ”
You do realize that your claim is a lie, right? Nobody at MV has been saying that.
It is nonsense the main street media is allowed to get away with such biased propaganda
“There are good-faith reasons to oppose the transportation to migrants to the island”
But you can’t bring yourself to write about them, as you’d rather gripe about Clinton.
“there are a host of objections that can be made to this program”
So make them!!
The point is that for Clinton to call it human trafficking, given her history with bleach bit, is like the pot calling the kettle a blackberry.
I don’t care what Clinton says about anything.
I do care that DeSantis treated human beings like pawns. If I lived in FL, I’d also care that he wasted Floridians’ money flying people in TX (not FL) to MA.
That is why you voted for Biden who is destroying America’s economy.
RE:” I do care that DeSantis treated human beings like pawns.” The Biden border policy does precisely that, in order to serve the ends it was conceived for. It will take decades to fully appreciate its impact.
After Joe Biden wasted money flying 70 flights to Florida. How and WHY is that any different?? Joe is using the illegals as pawns. He has since he opened the border
If there are a “host of objections that can be made” regarding the transportation of the illegal immigrants from Florida to Martha’s Vineyard, as Prof. Turley puts it, then why are there not a “host of objections that can be made” for the decision today of the politicians of Martha’s Vineyard to ship out the illegal immigrants from Martha’s Vineyard because the liberal, humanitarian residents of Martha’s Vineyard objected to taking care of people they consider to be “lower class” and “unacceptable” and “not in keeping with the proper racial and socio-economic profile that residents of Martha’s Vineyard must have”?
The people of MV didn’t object. They stepped up and started caring for the migrants who were shipped there.
residents of Martha’s Vineyard objected to taking care of people they consider to be “lower class” and “unacceptable” and “not in keeping with the proper racial and socio-economic profile that residents of Martha’s Vineyard must have”
Just who are you quoting??
They’re doing such a fine job sent 5,000.
Just who are you quoting??
Persons with knowledge, close to the story.
Who only exist in your imagination.
The Democrats are getting a taste of their hero Saul Alinsky rule #4 “Make the enemy live up to its own book of rules.” If the rule is that every letter gets a reply, send 30,000 letters.
They let 2000 illegals into the country each day send them to where those bringing them in live.
DeSantis beat the National Socialist Democrat Party with their own playbook Rules for Radicals.
DeSantis slapped Disney down and now the elites at Martha’s Vineyard. Some cheese with your whine?
They have lots of room for tents!
Now sent 5,000 more to get them to totally melt.
Win Win for DeSantis.
DeSantis plays the game hard, Trump just talks the game.
Last October (among many others).
https://www.foxnews.com/politics/psaki-denies-transporting-migrants-at-230-am-is-middle-of-the-night-calls-it-early-flight
https://www.foxnews.com/us/midnight-biden-secretly-flying-underage-migrants-ny-night
Biden has been flying illegal immigrants all over the country and dumping them in cities without notice. Now the Democrats are acting as if the actions of DeSantis and Abbott came out of the blue. And by the way, the Democrat mayor of El Paso is also bussing migrants to other cities. Biden creates a mess and then walks away. We saw it in Afghanistan, and at the border. The border states have been dealing with Biden’s mess for 22 months. Now, after 22 months of uninterrupted mass illegal immigration at the border with not a word of complaint from Democrats, liberals are screaming on cue about “human trafficking” — all because illegal immigrants are coming to their lily-white neighborhoods. And note that the hyperbole they’re using now is the same as they used when they renamed the Jan. 6th riots as an “insurrection.” The Democratic party just drips with insincerity and hypocrisy.
HRC rarely deals with reality and is known for outlandish remarks that are far from factual. Truth isn’t a requirement for any rationale she puts forward. It is amusing to see the reactions from all the left wing extremists, communists and social-democrats as they must deal with what several states deal with daily because this administration not only refuses to enforce the laws but actually encourages illegal migration, human and drug smuggling. It almost make one wonder if some in the administration are not tied to or beholden to the cartels in some way as all administration policies benefits no one but the cartels.
Did they go voluntarily?
They were lied to about where they were going and why. I know Republicans and the author will argue no no no BUT I think the definition fits what two Republican governors are doing. Does anyone really believe that they were told they would be bing used as political pons? Does anyone really believe that they voluntarily got in those buses voluntarily? What choice did they have. Read the definition again.
“Human trafficking involves the use of force, fraud, or coercion to obtain some type of labor or commercial sex act. Every year, millions of men, women, and children are trafficked worldwide – including right here in the United States. It can happen in any community and victims can be any age, race, gender, or nationality. Traffickers might use violence, manipulation, or false promises of well-paying jobs or romantic relationships to lure victims into trafficking situations.
Language barriers, fear of their traffickers, and/or fear of law enforcement frequently keep victims from seeking help, making human trafficking a hidden crime.
Traffickers use force, fraud, or coercion to lure their victims and force them into labor or commercial sexual exploitation. They look for people who are susceptible for a variety of reasons, including psychological or emotional vulnerability, economic hardship, lack of a social safety net, natural disasters, or political instability. The trauma caused by the traffickers can be so great that many may not identify themselves as victims or ask for help, even in highly public settings. “
It doesn’t make any difference that the traffickers in this case are two Republican governors. They should be investigated.
By your own definition moron it isn’t “trafficking”….I know you clowns like to make up your own definitions for words, genders, all sorts of fantasy but it simply isn’t so. Sorry.
The fact you’re mad these immigrants got moved to Martha’s Vineyard means you’re as big a hypocrite as the rest of your evil ilk.
Rules for Radicals. DeSantis used their playbook against them.
Martha’s Vineyard clearly has the financial means to help.
Anonymous: Usually shills are a bit more discreet and make better arguments. It’s obvious you’re a rank amateur. It’s interesting how liberals attempt to wipe out actual history and restart it arbitrarily where they can get the most PR points. Let’s go back to the origin of this mess — to the day when Biden used an executive order to nullify Trump’s border protocols, which were working well, and threw open the border to all, without any real plan or policy other than “let them in.” We all know that Biden and the Democrats use immigrants as political pawns for two reasons: cheap labor for their rich donors, and as a voting block (note Kamala’s claims that the Dems want to issue a general amnesty for all immigrants, thus allowing them to vote). And while neither Biden nor his border czar could be bothered to actually go to the border, he nevertheless has been secretly flying these immigrants throughout the country — proof of which has recently come from FOIA documents. You can babble on about “human trafficking” and any other such inanities that fall from the mouth of Hillary Clinton, but the truth is, this is a Democratic debacle that just may sink that cynical and immoral party in November. Interesting that even liberals didn’t get upset about the busing of thousands to DC and Chicago, but when 50 immigrants landed on Martha’s Vineyard — well, that was more than lily-white liberals could handle. Cue the liberal media, and the performing dogs begin to howl.
So what labor or sex act did Florida coerce? Words mean things.
I love the foolishness of the left. Would you prefer to be dumped off in Brownsville Texas or Martha’s Vineyard.
One can only laugh at the stupidity some exhibit.
So they were just trafficked back to Cape Cod???
They all volunteer to be transported and sign documents to that affect. The bus riders, are free to get off anytime they like.
RE: “Once again, there are a host of objections that can be made..” HRC and her minions are once again idiots telling tales full of sound and fury, signifying nothing.
And what should we call the dead-of-the-night flights of illegals that biden does, dropping them off, unbeknown to the small unprepared communities, across America? Hypocrisy is reaching critical mass with the prog/left
The influx of illegal migrants has turned our peacefull community into a living hell. It may be too late for south
Texas.