West STL News

Representatives Ann Wagner (R-MO), Russell Fry (SC-07), Ted Lieu (D-CA), and Robert Garcia (D-CA) have introduced the Trafficking Survivors Relief Act, a legislation aimed at providing federal criminal record relief to survivors of human trafficking who committed non-violent offenses as a direct result of being victims of trafficking. This bill seeks to address the issue of trafficking victims being forced or coerced into engaging in criminal activity, leading to their arrest, conviction, and incarceration without consideration of their victim status.

The legislation establishes an affirmative defense at the beginning of a prosecution, allowing survivors to defend themselves against charges that arose directly from their trafficking victimization. It also provides relief for survivors who have already been convicted through vacatur, expungement, and sentencing mitigation.

Congresswoman Ann Wagner expressed her pride in reintroducing this legislation, stating, "Far too often, traffickers force their victims to commit crimes against their will, trapping them in the illegal sex trade. This vital, bipartisan bill will ensure that these vulnerable individuals can access the resources they need to begin a new and safer life."

Congressman Russell Fry emphasized the need to prevent and prosecute human trafficking while supporting survivors, saying, "There are currently almost 30 million victims of human trafficking across the globe, and the grave reality is that it’s happening right here in our own communities in the United States. We must continue to prevent and prosecute these horrific crimes while also supporting survivors."

Congressman Ted Lieu highlighted the importance of not burdening trafficking survivors with criminal records, stating, "Survivors can be charged with criminal activity they were forced to engage in. The resulting prosecution and possible conviction can prevent survivors from rebuilding their lives. Our bill would alleviate some of the burden associated with surviving trafficking by providing survivors with an opportunity to defend themselves against prosecution for crimes committed because they were being exploited."

Congressman Robert Garcia emphasized the need to evaluate offenses committed as a direct result of trafficking with compassion, stating, "Offenses that are committed as a direct result of such trafficking need to be evaluated with that in mind. I’m honored to co-lead the Trafficking Survivors Relief Act because it underscores our commitment to supporting the most vulnerable Americans, ensuring victims of trafficking receive the compassion and justice they deserve."

The Trafficking Survivors Relief Act is supported by various groups and organizations, including the Asian American Hotel Owners Association, Association of Prosecuting Attorneys, CPAC, Faith & Freedom Coalition, Free to Thrive, Hope for Justice, Hollie Nadel – Survivor Leader, Polaris, Raven, Rights 4 Girls, Shared Hope International, Street Grace, The Foundation United, The Moore & Van Allen Human Trafficking Pro Bono Project, The National Survivor Law Collective Policy Group, and Thistle Farms.

Dr. Richard Schoeberl of Hope for Justice emphasized the importance of vacating and expunging criminal convictions for trafficking victims, stating, "These criminal convictions unfairly restrict their future access to employment, education, housing, and services. We need to vacate and expunge criminal convictions of individuals who have been victims of trafficking and support recovering survivors – not criminalize them."

Hollie Nadel, a survivor leader, highlighted the impact of criminal records on survivors' lives, stating, "Obtaining steady employment, qualifying for housing, loans, or financial assistance becomes nearly impossible, and even increases the dangers of survivors being re-exploited. Legislation like TSRA is critical to help stop the cycle of further victimization and essential to allowing survivors to rebuild their lives for a safe and successful future."

The Trafficking Survivors Relief Act aims to address the injustices faced by trafficking survivors and provide them with a pathway to clear their criminal records of non-violent offenses. It recognizes the need to support and protect survivors, allowing them to rebuild their lives and break free from the cycle of exploitation.