When does human smuggling turn into human trafficking?

Human smuggling typically involves the illegal transportation of individuals across borders, usually with their consent, for some form of financial gain. In contrast, human trafficking is characterized by the exploitation of individuals through coercion, force, or fraud for the purposes of labor or commercial sex. The critical turning point between smuggling and trafficking is the exploitation of the person.

When a smuggler sells a person or forces them to work off a debt, it indicates that coercive and exploitative practices have begun, thereby transforming the relationship from one of illegal transportation to one involving human trafficking. This exploitation can take many forms, including forced labor or sexual exploitation, where the individual's freedom is severely restricted, and they are subjected to abusive conditions without a viable means of escape. This clear distinction between the two acts highlights the transition from a smuggling scenario, where the individual retains some autonomy, to a trafficking scenario, where that autonomy is stripped away through manipulation or force.