TJP Addresses Claims of State-Sponsored Trafficking with Christianity Today

The Joseph Project was recently featured in a Christianity Today article examining the controversial use of El Salvadoran prisons to detain migrants on behalf of the United States. The article raised concerns from some who have suggested that the practice may amount to state-sponsored human trafficking. TJP was asked to weigh in on the legal merit of such claims. Through its Founder and CEO, Nate Knapper, TJP offered the following three key reasons why these activities do not constitute human trafficking:

(1) Legal Definition of Human Trafficking

Human trafficking requires the use of force, fraud, or coercion for the purpose of commercial exploitation (including forced labor). Merely incarcerating individuals - especially as a result of criminal proceedings or immigration enforcement - does not automatically meet this threshold. Unless there is evidence that detainees are being coerced into labor under threat or deception, the claim fails to satisfy core legal criteria.

(2) Legal Interpretation of the Courts

U.S. courts have consistently ruled that compelled labor during lawful incarceration is constitutionally permissible as an exception to the 13th Amendment. While the ethical implications of prison labor programs can be debated, they do not inherently constitute trafficking unless the incarceration itself was a sham designed solely to extract labor. (Note: Further research would be needed to determine whether similar principles govern the application of law in El Salvador.)

(3) Legal Intent of the Parties

For trafficking to occur, there must be a clear intent to exploit for commercial gain. Government-to-government agreements, even those involving fee-for-use prisons, are not automatically driven by a profit motive in the same way as trafficking enterprises are. Here, the burden of proof would be extremely high to demonstrate that the primary intent of such an arrangement between the U.S. and El Salvador is commercial labor exploitation, rather than penal detention.

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Knapper said that, for TJP, the importance of the conversation is rooted in one of the organization’s key initiatives. “TJP’s Educate initiative exists to sharpen our collective understanding of human trafficking and elevate public discourse on the issue,” he said. “By drawing legal distinctions and identifying the complexities, we aim to empower policymakers, advocates, and everyday citizens to speak with accuracy and act with integrity.”