House Passes Congressman Russell Fry’s Trafficking Survivors Relief Act
WASHINGTON, D.C. – The U.S. House of Representatives has passed Congressman Russell Fry’s (SC-07) bipartisan Trafficking Survivors Relief Act (H.R. 4323), legislation co-led by Ann Wagner (R-MO) and Hank Johnson (D-GA), and co-sponsored by Rep. Ted Lieu (D-CA). This bill provides federal criminal record relief to survivors of human trafficking who committed non-violent offenses as a direct result of their exploitation.
Human trafficking remains a widespread crisis across our country. Traffickers often force or coerce their victims into committing crimes such as financial fraud, drug-related offenses, and identity theft. As a result, many trafficking survivors face arrest, conviction, and incarceration—often without recognition of their victim status.
At the outset of a prosecution, this legislation establishes an affirmative defense to provide survivors with the opportunity to defend against only those charges that arose directly from their trafficking victimization. It also provides critical relief for survivors who have already been convicted as a result of their trafficking victimization through vacatur, expungement, and sentencing mitigation.
Specifically, for a court to grant a motion to vacate a conviction or expunge an arrest, a defendant must show by a preponderance of the evidence that the offense was committed as a direct result of having been a victim of trafficking. Additionally, the defendant must establish, by clear and convincing evidence, that the defendant was a victim of human trafficking at the time the offense was committed.
The bill only allows for non-violent offenses that were committed as a direct result of trafficking to be eligible for vacatur and expungement. Additionally, this bill clarifies that any crimes eligible for expungement are crimes that do not involve a child as a victim.
“I’m proud to see the House pass my bill, the Trafficking Survivors Relief Act, which delivers relief to trafficking survivors and their families,” said Congressman Fry. “Victims of human trafficking are often forced into criminal activity, leaving them with federal records that follow them for life. That means they can’t get a job, secure housing, or meet basic needs—all because of crimes they were coerced into committing. This legislation breaks that cycle and gives survivors the chance to move forward.”
“Victims of human trafficking are often revictimized by their traffickers who coerce them into committing crimes against their will, making it that much harder to escape from their abuse,” said Congresswoman Wagner. “This can leave them with a criminal record that follows them for the rest of their lives. The Trafficking Survivors Relief Act would help survivors break that cycle of exploitation so they can reenter the working world and access critical support services. Survivors of trafficking need every tool we can give them as they seek to find justice and hold the perpetrators accountable. I’ve been proud to champion the Trafficking Survivors Relief Act over multiple Congresses, and I look forward to the Senate taking up this bill so we can send it to the President’s desk.”
“Survivors of human trafficking deserve justice and compassion, not criminalization,” said Congressman Lieu. “For too long, survivors have faced criminal charges because of crimes they were forced to commit while being trafficked, making it harder for them to obtain housing, jobs, and the chance to rebuild their lives. I am pleased that the House passed our bipartisan legislation to provide much-needed relief to trafficking survivors. I urge my Senate colleagues to pass this bill.”
"The American Hotel & Lodging Association applauds the passage of the Trafficking Survivors Relief Act,” said President and CEO of AHLA Rosanna Maietta. “The hotel industry stands firmly behind Representative Fry's efforts to ensure that our nation's response to human trafficking includes meaningful support for those who have endured unimaginable harm. Through the work of the AHLA Foundation, we have long been committed to elevating the visibility of this issue and uplifting survivors through investments in support to help them move forward. The Trafficking Survivors Relief Act is a vital step which allows survivors to truly heal and build independent lives."
Additional supporting individuals and organizations include South Carolina Attorney General Alan Wilson, 3Strands Global Foundation, the Asian American Hotel Owners Association, CPAC, Engage Together, Hope for Justice, survivor leader Hollie Nadel, Justice Restoration Center, the National Center on Sexual Exploitation (NCOSE), PACT, Paving the Way Foundation, Pearl at the Mailbox, Raven, Rights4Girls, Shared Hope International, Street Grace, The Moore & Van Allen Human Trafficking Pro Bono Project, Thistle Farms, the UPS Foundation, and World Without Exploitation.