Human trafficking vs human smuggling: the two are often mentioned in the same headline, and the terms are frequently used as if they mean the same thing. They do not. Both are serious crimes, and they can overlap, but they are defined differently, affect people differently and are reported differently.
Understanding the difference helps educators, journalists, faith leaders and community members recognize what is happening and get the right help to the right people.
The Short Answer
- Human smuggling is the illegal movement of a person across a border. It is centered on transportation.
- Human trafficking is the exploitation of a person through force, fraud or coercion for labor or commercial sex. It is centered on exploitation.
A simple way to remember it: smuggling is about where a person goes; trafficking is about what is done to a person.
Key Differences at a Glance
- What the crime is: Smuggling is moving someone across a border illegally. Trafficking is compelling someone into labor or commercial sex.
- Movement: Smuggling always involves crossing an international border. Trafficking does not require any movement at all. A person can be trafficked in their own home town.
- Consent: People who are smuggled usually agree to be moved, often paying a smuggler. People who are trafficked do not, and cannot, consent to being exploited. Under U.S. law, any child involved in commercial sex is a trafficking victim, regardless of force, fraud or coercion.
- The relationship: In smuggling, the relationship usually ends once the person arrives. In trafficking, the exploitation is ongoing, and the trafficker profits from it again and again.
- Who it harms: Smuggling is primarily a crime against a country’s border laws, though it is often extremely dangerous for the people being moved. Trafficking is always a crime against a person.
- Who can be a victim: Smuggling involves foreign nationals crossing a border. Trafficking victims can be anyone, including U.S. citizens, children and adults.
How Smuggling Can Turn Into Trafficking
The two crimes often overlap. A person who agrees to be smuggled may arrive owing a large debt to the smuggler. That debt can then be used to control them: their documents are taken, they are forced to work without pay, or they are compelled into commercial sex to “pay it off.” At that point, a smuggling situation has become human trafficking.
People who are migrating are especially vulnerable because they may not speak the local language, may fear authorities, and may have no one to turn to. Read the story of two refugees who were held captive for years before being liberated.
What U.S. Law Says
In the United States, the two crimes fall under different federal laws:
- Human trafficking is defined by the Trafficking Victims Protection Act (TVPA) as sex trafficking or labor trafficking induced by force, fraud or coercion, or any commercial sex act involving a person under 18.
- Human smuggling is prohibited under federal immigration law, which makes it a crime to bring or help bring people into the country illegally, or to transport or harbor them.
Trafficking victims may be eligible for protections and services, including special visas for non-citizen victims, because the law recognizes them as victims of a crime.
Common Myths
- Myth: Trafficking requires crossing a border. Fact: Many victims are trafficked without ever leaving their own city or country.
- Myth: If someone agreed to the journey, they cannot be a trafficking victim. Fact: Initial consent to travel or work does not make later exploitation legal.
- Myth: Trafficking only happens to foreign nationals. Fact: U.S. citizens, including children, are trafficked in the United States.
- Myth: Victims are always physically restrained. Fact: Traffickers often control victims through debt, threats, manipulation or holding their documents.
Learn more in our guide to the signs of human trafficking and our list of 10 ways to stop human trafficking.
How to Report
If you suspect either crime, do not confront the suspected trafficker or smuggler. Contact the right people:
- Immediate danger: call 911.
- Suspected human trafficking: contact the National Human Trafficking Hotline at 1-888-373-7888, or text 233733.
- Suspected human smuggling, or trafficking involving a border: report to the Homeland Security Investigations tip line at 1-866-347-2423.
- Child sexual exploitation online: report to the NCMEC CyberTipline at report.cybertip.org or 1-800-843-5678.
Teaching This Topic
Educators and community leaders can build understanding with our free online course, Human Trafficking 101, which covers the basics, common myths and red flags. Organizations can also request an in-person training.
Frequently Asked Questions
Is human smuggling the same as human trafficking?
No. Smuggling is the illegal movement of a person across a border, usually with their consent. Trafficking is the exploitation of a person through force, fraud or coercion, and it does not require any movement.
Can a person be both smuggled and trafficked?
Yes. A person who is smuggled can become a trafficking victim if they are forced to work or engage in commercial sex once they arrive, often to repay a debt.
Does human trafficking require crossing a border?
No. Trafficking can happen anywhere, including within a single city, and victims include U.S. citizens.
Who should I call to report human trafficking?
Call 911 in an emergency. Otherwise, contact the National Human Trafficking Hotline at 1-888-373-7888 or text 233733.
