Press Releases

Rep. Fry’s Trafficking Survivors Relief Act Passes the United States Senate

Washington, D.C. — Today, Congressman Russell Fry celebrates the passage of his bill, the Trafficking Survivors Relief Act in the United States Senate, marking a significant step forward in ensuring justice for survivors of human trafficking who were forced or coerced into committing non-violent crimes as a direct result of their exploitation.

Human trafficking remains a pervasive crisis across the United States, with victims often compelled by traffickers to engage in criminal activity such as fraud, drug offenses, or identity theft. Too often, survivors are arrested, prosecuted, and left with permanent criminal records—while their traffickers evade accountability.

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.

“No survivor of human trafficking should carry a criminal record for non-violent crimes they were forced to commit under threat, abuse, or coercion,” said Congressman Fry. “This bill recognizes a simple truth: victims are not criminals. Too often, survivors are punished for their exploitation, instead of receiving the support they need to rebuild their lives. Passing the Trafficking Survivors Relief Act is a critical step toward restoring justice, dignity, and a real second chance to those who endured unimaginable exploitation.”

Supporting groups of the Trafficking Survivors Relief Act include South Carolina Attorney General Alan Wilson, 3Strands Global Foundation, the Asian American Hotel Owners Association, AHLA, CPAC, Engage Together, Hope for Justice, survivor leader Hollie Nadel, Justice Restoration Center, Major County Sheriffs of America, the National Center on Sexual Exploitation (NCOSE), PACT, Paving the Way Foundation, Pearl at the Mailbox, Raven, Right On Crime, Rights4Girls, Shared Hope International, Street Grace, The Moore & Van Allen Human Trafficking Pro Bono Project, Thistle Farms, the UPS Foundation, and World Without Exploitation.