International Journal For Multidisciplinary Research

E-ISSN: 2582-2160   •   Impact Factor: 9.24

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Human Trafficking and Immigration Law: Legal Frameworks, Victim Protection, and Enforcement Across Countries (Canada & U.S. Comparative Analysis)

Author(s) Oghenehoro Evi Eni
Country United States
Abstract Human trafficking remains one of the most severe violations of human dignity, operating at the intersection of criminal law and immigration systems. It exploits structural vulnerabilities created by migration pathways, including irregular status, dependency on employers, language barriers, and fear of deportation.

This paper provides a comparative analysis of anti-trafficking legal frameworks in Canada and the United States, situated within the international obligations established by the Palermo Protocol (2000). It examines how trafficking is defined, prosecuted, and addressed through immigration protection mechanisms, including Canada’s Temporary Resident Permit regime and the United States T visa system under the Trafficking Victims Protection Act.

The paper highlights the structural tension between immigration enforcement and victim protection, demonstrating how enforcement tools such as detention, removal, and inadmissibility findings can inadvertently reinforce trafficking dynamics where victims are not properly identified. It further examines emerging threats, including forced criminality and online trafficking networks, and evaluates the role of officer discretion in victim identification.

It concludes that while both jurisdictions reflect a formal commitment to victim protection, significant gaps remain in implementation, particularly in processing timelines, data systems, and proactive identification frameworks.
Keywords Human Trafficking, Immigration Law, Palermo Protocol, TVPA, T Visa, Temporary Resident Permit, IRPA Section 118, Canada, United States, Victim Protection, Labour Trafficking, Forced Labour, Officer Discretion, Comparative Immigration Law
Published In Volume 8, Issue 2, March-April 2026
Published On 2026-04-09
DOI https://doi.org/10.36948/ijfmr.2026.v08i02.73974
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