State Attorney General Letter To Congress - Polaris

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February 27, 2023

The Honorable Chuck Schumer The Honorable Mitch McConnell


Senate Majority Leader Senate Minority Leader
322 Hart Senate Office Bldg. 317 Russell Senate Office Bldg.
Washington, D.C. 20510 Washington, D.C. 20510

The Honorable Kevin McCarthy The Honorable Hakeem Jeffries


Speaker of the House House Minority Leader
2468 Rayburn House Office Bldg. 2433 Rayburn House Office Bldg.
Washington, D.C. 20515 Washington, D.C. 20515

Re: National Human Trafficking Hotline reports

Dear Majority Leader Schumer, Minority Leader McConnell, Speaker


McCarthy, and Minority Leader Jeffries,

It has recently come to our attention that the National Human


Trafficking Hotline (“Hotline”), which Congress has funded for 15 years,
is not reporting tips of adult trafficking to state law enforcement
except under the limited circumstance where the victim self-reports
and affirmatively consents to the Hotline making the report. Not only
do we believe this action contravenes one of Congress’ intended
functions of the Hotline, but we believe it disrupts the federal-state
partnership to end human trafficking and help its victims.

By its own accounts, Polaris operates the Hotline to, among


other things, “take tips of suspected human trafficking from
community members.” 1 The Administration for Children and Families
(ACF) at the U.S. Department of Health and Human Services, which
administers the grant under which Polaris operates the Hotline,
specifically notes that it “takes tips about potential situations … and
facilitates reporting to specialized human trafficking task forces,
federal authorities, local law enforcement, and service providers
throughout the country.” 2

1 www.polarisproject.org/responding-to-human-trafficking/
2 https://www.acf.hhs.gov/otip/victim-assistance/national-human-trafficking-hotline
ACF touts that since its inception, the Hotline has provided more than 15,000 tips to
law enforcement 3 and Polaris reports that its most frequent request on human trafficking
cases is to “Report a Trafficking Tip.” 4 According to its own statistics, of the 10,360 cases
identified by the Hotline in 2021, 6,546 were from citizens reporting a suspected trafficking
situation. 5 In contrast, only 3,284 were calls requesting service referrals. 6 Of the 51,073
signals, meaning contacts by call, text, web message, chat or other form of communication,
13,277 of were from victims or survivors of trafficking. 7

The National Human Trafficking Hotline website displays several ways that citizens
may submit a tip, including via phone, text, chat, or online submission. 8 Congress and many
states have taken steps to ensure that the Hotline information is widely disseminated so
that citizens can report suspected trafficking directly to the National Hotline. Those tips are
crucial to catching criminals, to recovering victims, to uncovering evidence of broader
trafficking operations, and more. Those tips help local and state law enforcement to end
trafficking and to help its victims.

This past summer, Mississippi Attorney General Lynn Fitch met with Catherine Chen,
Chief Executive Officer of Polaris, to discuss her concerns about the lack of adult tips
Mississippi was receiving from the Hotline. Ms. Chen explained that Polaris uses a victim-
centered approach that takes into consideration the potential adverse consequences to
victims. As further explained on its website, “Except in situations involving potential abuse
of a minor or if we believe a person is in imminent danger, the Trafficking Hotline will not
take action without the consent of the person in the situation.” 9

Many states also take a victim-centered approach to suspected instances of human


trafficking. For instance, the Mississippi Attorney General’s Office regularly conducts joint
operations with local law enforcement across the State, which invariably include
opportunities for victims to be connected with the appropriate services for recovery. In
fact, the training provided to local law enforcement and prosecutors on human trafficking
investigations and prosecution in Mississippi is centered on victim recovery, not victim
arrests.

During last Summer’s meeting, Ms. Chen informed General Fitch that the Hotline was
beginning to transition away from serving as a tipline to concentrate more on connecting
survivors with resources. We cannot stress enough how great a departure this is from our
understanding of the current practices and purposes of the Hotline or how serious a
detriment it will be to our work to stop trafficking and aid its victims.

3 Id.
4
https://humantraffickinghotline.org/en/statistics
5 Id.
6 Id.
7 Id.
8 www.humantraffickinghotline.org/
9 https://humantraffickinghotline.org/about-us/when-you-reach-us
Possibly more alarming, some states are reporting that they receive tips from the
Hotline a month, sometimes two months, after a tip of suspected trafficking is reported to
Polaris. If the Hotline is not promptly sharing tips with law enforcement, law enforcement
cannot act to help victims of trafficking. Timely information is necessary for a quick
recovery of victims of human trafficking and is paramount to the entire purpose of the
Hotline. Polaris’s current system of reporting is hurting the very victims Polaris purports to
be central to their approach.

In the Trafficking Victims Prevention and Protection Reauthorization Act of 2022, just
signed into law on January 5, 2023, Congress reauthorized $3.5 million for the Hotline each
fiscal year through federal Fiscal Year 2028.

It appears to us that the Hotline is not performing the services it is already funded to
perform. Without changes to Polaris’s operating procedures, our state anti-trafficking
initiatives gain little from participation in the National Hotline. As such, individual states may
be forced to establish their own state hotlines, as some already have begun to do. A
nationally-run hotline not only achieves cost-efficiencies, but also ensures a uniform
approach and allows for the collection of cross-state information with regard to human
trafficking tips.

However, we cannot in good conscience continue to ask the public to share tips
about trafficking in their communities if the Hotline will not give us, as law enforcement, the
opportunity to address those tips. It serves no one well to do so, least of all the victims that
could be helped by a tip phoned in by a good Samaritan who sees their suffering and tries
to do the right thing.

We urge Congress to ensure that Polaris makes changes to its current and reported
planned tip reporting policies to begin forwarding tips regarding suspected human
trafficking of adults, in a prompt manner, to the corresponding state’s law enforcement
officials for their evaluation and response to ensure victim safety. The Hotline’s creation
and its multijurisdictional use is an acknowledgment that traffickers do not respect borders
any more than they respect their victims. We cannot afford to lose the benefits of this
federal-state partnership to end trafficking.

Sincerely,

Kathleen Jennings Lynn Fitch


Delaware Attorney General Mississippi Attorney General
Steve Marshall Treg R. Taylor
Alabama Attorney General Alaska Attorney General

Kris Mayes Tim Griffin


Arizona Attorney General Arkansas Attorney General

Rob Bonta William Tong


California Attorney General Connecticut Attorney General

Ashley Moody Christopher M. Carr


Florida Attorney General Georgia Attorney General

Raúl Labrador Todd Rokita


Idaho Attorney General Indiana Attorney General

Brenna Bird Daniel Cameron


Iowa Attorney General Kentucky Attorney General
Jeff Landry Dana Nessel
Louisiana Attorney General Michigan Attorney General

Andrew Bailey Austin Knudsen


Missouri Attorney General Montana Attorney General

Mike Hilgers Aaron D. Ford


Nebraska Attorney General Nevada Attorney General

Raúl Torrez Drew H. Wrigley


New Mexico Attorney General North Dakota Attorney General

Dave Yost Gentner Drummond


Ohio Attorney General Oklahoma Attorney General

Ellen F. Rosenblum Michelle Henry


Oregon Attorney General Pennsylvania Attorney General
Peter F. Neronha Alan Wilson
Rhode Island Attorney General South Carolina Attorney General

Marty Jackley Jonathan Skrmetti


South Dakota Attorney General Tennessee Attorney General

Ken Paxton Carol Thomas Jacobs


Texas Attorney General U.S. Virgin Islands Attorney General

Sean D. Reyes Charity Clark


Utah Attorney General Vermont Attorney General

Jason S. Miyares Joshua L. Kaul


Virginia Attorney General Wisconsin Attorney General

cc: The Honorable Christopher H. Smith, sponsor, H.R. 6552 (117th Congress)
Catherine Chen, CEO, Polaris

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