In June 2014, a leaked United Nations ("U.N.") report revealed
that Mexican unaccompanied alien children ("UAC") are not
protected from harm at the United States-Mexico border ("Border")
because the United States Customs and Border Protection ("CBP") is
biased against these children. ' Mexican children are frequently used
as smuggling guides along the Border because if caught, they are typically repatriated to Mexico without any serious repercussions.2
Many CBP officers see children involved in smuggling as criminals,
and consequently, fail to properly determine whether they are victims
of trafficking-which they sometimes are.'
The 2000 Protocol to Prevent, Suppress and Punish Trafficking in
Persons, Especially Women and Children ("Trafficking Protocol")
defines trafficking in persons as an act performed through coercion,
fraud, or force for the purpose of exploitation.4 The definition
includes a sub-section that defines children as anyone under eighteen
years old, and states that coercion is not necessary for children to
become victims of trafficking.5 The United States signed and ratified
the Trafficking Protocol, and even implemented its own trafficking
law in 2000, the Victims of Trafficking and Violence Act of 2000
("Trafficking Act").6 The 2008 Amendment to the Trafficking Act