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Thirteenth Amendment to the United States Constitution



Victims of human trafficking and other conditions of forced labor are commonly coerced by threat of legal actions to their detriment. A leading example is deportation of illegal immigrants. "The prospect of being forced to leave the United States, no matter how degrading the current living conditions, sometimes serves as a deterrent to reporting the situation to law enforcement."[17] Victims of forced labor and trafficking are protected by Title 18 of the U.S. Code[18]

  • Title 18, U.S.C., Section 241 - Conspiracy Against Rights[19]:
“ Conspiracy to injure, oppress, threaten, or intimidate any person's rights or privileges secured by the Constitution or the laws of the United States ”
  • Title 18, U.S.C., Section 242 - Deprivation of Rights Under Color of Law[20]:
“ It is a crime for any person acting under color of law (federal, state or local officials who enforce statutes, ordinances, regulations, or customs) to willfully deprive or cause to be deprived the rights, privileges, or immunities of any person secured or protected by the Constitution and laws of the U.S. This includes willfully subjecting or causing to be subjected any person to different punishments, pains, or penalties, than those prescribed for punishment of citizens on account of such person being an alien or by reason of his/her color or race. ”

Earlier proposed Thirteenth Amendments

Twice before the adoption of the Thirteenth Amendment, the Congress submitted to the States proposed Constitutional amendments that, if adopted, would have become the Thirteenth Amendment.

  • Titles of Nobility Amendment, approved by Congress in 1810, would have revoked the citizenship of anyone either (1) accepting a foreign title of nobility or (2) accepting any foreign payment without Congressional authorization.
  • Corwin Amendment, approved by Congress in 1861 and ratified by two states, which would have forbidden any constitutional amendment that would interfere with slavery, or any "domestic institutions" in a state.

Notes

  1. ^ Mount, Steve (Jan 2007). Ratification of Constitutional Amendments. Retrieved on Feb 24, 2007.
  2. ^ Congressional Proposals and Senate Passage Harper Weekly. The Creation of the 13th Amendment. Retrieved Feb. 15, 2007
  3. ^ Primary Documents in American History: The Thirteenth Amendment Library of Congress. Retrieved Feb. 15, 2007
  4. ^ Charters of Freedom - The Declaration of Independence, The Constitution, The Bill of Rights
  5. ^ 13th Amendment to the U.S. Constitution: Abolition of Slavery (1865) Our Documents (Cooperative project of National History Day, The National Archives and Records Administration, and USA Freedom Corps.
  6. ^ "The 13th Amendment and the Lost Origins of Civil Rights" Risa Goluboff (2001) Duke Law Journal Vol 50 p. 1609. See section on Elizabeth Ingalls and Dora Jones. Refer to United States v. Ingalls, 73 F. Supp. 76, 77 (S.D. Cal. 1947) Southern District Court California
  7. ^ U.S. v. Ingalls, 73 F.Supp. 76 (1947) as cited by Traver, Robert (1967). The Jealous Mistress. Boston: Little, Brown. 
  8. ^ "Thirteenth Amendment--Slavery and Involuntary Servitude" GPO Access, U.S. Government Printing Office. (page 1557)
  9. ^ "The 13th Amendment and the Lost Origins of Civil Rights" Risa Goluboff (2001) Duke Law Journal Vol 50 p. 1609. See footnote 228
  10. ^ United States v. Ingalls, 73 F. Supp. 76, 77 (S.D. Cal. 1947)
  11. ^ United States v. Kozminski, 487 U.S. 931 (1988) Justia U.S. Supreme Court Center. Written argument
  12. ^ Trafficking Victims Protection Act of 2000 U.S. Department of Health and Human Services Fact Sheet
  13. ^ Victims of Trafficking and Violence Protection Act 2000 U.S. Department of State
  14. ^ Peonage Section 1581 of Title 18 U.S. Department of Justice, Civil Rights Division Involuntary servitude, forced labor and sex trafficking statutes enforced
  15. ^ Involuntary Servitude Section 1584 of Title 18 U.S. Department of Justice, Civil Rights Division Involuntary servitude, forced labor and sex trafficking statues enforced
  16. ^ Forced Labor Section 1589 of Title 18 U.S. Department of Justice, Civil Rights Division Involuntary servitude, forced labor and sex trafficking statues enforced. NB According to the Dept. of Justice, "Congress enacted § 1589 in response to the Supreme Court’s decision in United States v. Kozminski, 487 U.S. 931 (1988), which interpreted § 1584 to require the use or threatened use of physical or legal coercion. Section 1589 broadens the definition of the kinds of coercion that might result in forced labor."
  17. ^ The Color of Law FBI Miami Civil Rights Program
  18. ^ Involuntary Servitude and Human Trafficking Initiatives National Workers Exploitation Task Force FBI Miami Civil Rights Program
  19. ^ Title 18, U.S.C., Section 241 - Conspiracy Against Rights
  20. ^ Title 18, U.S.C., Section 242 - Deprivation of Rights Under Color of Law

References

See also

External links


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