International Human Rights Clinic Helps Human Trafficking Victims Get Back on Their Feet

HELPING MIGRANTS IN TIJUANA

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outside the U.S. borders. Supervising Attorney Pina Cirillo said, “We heard heart-wrenching stories and saw countless tears, but I will never forget the glimmers of hope in both students’ and migrants’ eyes.”

“This week I witnessed firsthand how Black and brown people fleeing danger, just innocent families, are being so callously turned away at the border,” said Newark 3L Werdeh Hassan. “I saw how many of these rejected families would then go on to live in camps, shelters, or churches, with no running water or true place to call home, while they await officials’ decision regarding whether they are worthy enough to be saved. While absolutely heartbreaking, this experience left me feeling empowered and motivated to do more to confront racist immigration policies.”

For some students, like Catalina Gaglioti, a Newark 2LE, the trip marked a defining moment in their law school journey. “This experience provided the real-world application and understanding necessary to navigate humanitarian work. Seeing the devastating implications of racist US immigration policies first-hand, highlighted the importance of advocating for policy change.” Camden 3L Tebbie Fowler described the trip as “a lifechanging experience with a group of amazing people that I am honored to called my friends.”

While migrants continue to face difficulties as they flee harm in search for safety in the United States, there is hope that border policies will change. In the meantime, organizations like Espacio Migrante work tirelessly to assist those stuck at the border, providing not only access to legal knowledge, but also assistance with housing, medical and social service. To learn more about Espacio Migrante and to donate, visit https://www.espaciomigrante.org/

Detention and Deportation Defense Initiative students give “Know Your Rights” presentation at shelter for migrants in Tijuana, Mexico.

International Human Rights Clinic Helps Human Trafficking Victims Get Back on Their Feet

STUDENTS AND FACULTY AT RUTGERS LAW SCHOOL School filed a test case after changing a law that will give countless human trafficking victims the opportunity to erase criminal records for crimes their traffickers forced them to commit.

Human trafficking survivors have no control over who they see, what they wear, or where they go. They are exploited for their traffickers’ financial gain and live under constant threat of injury or death. Many trafficked people are forced into prostitution or sex work. Others are forced to steal. Many trafficked individuals are forcefully injected with addictive drugs, like heroin, so that they become dependent on their traffickers.

Here in New Jersey, legislation was ahead of the curve, allowing trafficking victims to have prostitution-related convictions vacated if their crimes were committed while being trafficked. But it didn’t go far enough, says Penny Venetis, Distinguished Clinical Professor of Law and Director of Rutgers Law School’s International Human Rights Clinic. “Trafficking victims are forced to do anything and everything as long as it makes money for their trafficker,” she says. “There are so many other crimes that a trafficked person were convicted of that weren’t taken into account under New Jersey’s old law.”

The International Human Rights Clinic sprung into action. Along with its partners in the New Jersey Coalition Against Human Trafficking (NJCAHT), an organization that coordinates statewide efforts to end sex and labor trafficking in New Jersey, the Clinic helped introduce and pass a statute that expanded the vacatur law so that all crimes that trafficking victims were forced to commit can be permanently erased. They educated legislators on the need for an updated law, provided policy statements, and prepared testimony. Rutgers Law students had the opportunity to contribute by conducting research and amplifying the voices and stories of trafficked people.

On January 18, 2022, Governor Phil Murphy signed the new bill into law. It allows human trafficking survivors to have practically any crime vacated if they can prove it was a result of trafficking (with few exceptions for murder, manslaughter, kidnapping, sexual assault, and luring a minor). Since criminal records have historically prevented trafficking survivors from securing employment and safe housing, this change directly impacts countless victims who are trying to get back on their feet. “Allowing these convictions for trafficking survivors to be vacated and expunged is a huge step in allowing people to lead as close to a normal life as they can, without having their past haunt them,” Venetis says.

This spring, the Clinic filed the first test case under the new law. A vacatur petition was filed on behalf of a woman who was trafficked by over five men for nearly 20 years, starting when she was 14 years old. In addition to prostitution convictions, the Clinic’s client had convictions stemming from her traffickers’ requiring her to steal jewelry and other valuables from patrons of Atlantic City casinos and resort areas around the country. If she did not give her traffickers thousands of dollars worth of goods every night, she was beaten, raped, and locked in a room with no food or clothing. The Clinic’s court submissions were so compelling that the State of New Jersey is not opposing their petition and has joined the Clinic in asking the court to vacate and expunge all of the Clinic’s clients’ convictions.

The Clinic is also helping lawyers in other states to draft petitions to vacate their clients convictions. The Clinic’s success in New Jersey is helping to expeditiously move those cases forward.

Working on this matter served as a significant learning opportunity for Rutgers Law students. “We worked with a large coalition that prepared students to collaborate with people across disciplines, from medical professionals to social workers to the victims themselves,” Venetis says. “It shows them that as lawyers and ambassadors of Rutgers Law, we can change the law and really make a difference in people’s lives.”

REAL WORLD IMPACT

RLS CLINIC HELPS DISABLED CHILD SECURE DISABILITY BENEFITS

The Child and Family Advocacy Clinic in Camden received a fully favorable decision in a case referred by the South Jersey Legal Services Private Attorney Involvement Program Children’s SSI Project. The administrative law judge found several severe and marked impairments and that the child has been under a disability since 2018 which will result in a substantial retroactive award. Clinic Director and Professor Meredith Schalick worked with several law students on this case.