Trafficking Survivors Relief Act of 2025

Bill Number: H.R. 1379
Origin Chamber: House
Congress: 119th Congress, Session 1
Policy Area: Crime and Law Enforcement
Status: Introduced
Latest Action: 2025-02-14: Referred to the House Committee on the Judiciary.
Last Updated: 2026-06-09T23:08:16Z

AI-Generated Summary

Purpose

The Trafficking Survivors Relief Act of 2025 aims to provide federal relief to victims of human trafficking by allowing them to vacate (cancel) certain criminal convictions and expunge (erase) related arrests from official records. It recognizes that traffickers often force victims into committing crimes as a form of control, and seeks to remove barriers these records create for survivors' recovery, such as difficulties in finding jobs or housing. The Act also introduces a legal defense for victims during trials and requires reporting to track its effectiveness.

Key Provisions

Definitions: Establishes categories of offenses:
Level A offenses: Non-violent federal crimes (e.g., drug possession or theft, but not violent acts).
Level B offenses: Violent federal crimes, excluding those where a child was the victim.
Level C offenses: All other federal offenses (including serious or violent crimes).
"Victim of trafficking" follows the definition from the Trafficking Victims Protection Act (a person subjected to force, fraud, or coercion for labor or sex exploitation).
Motions for Relief (New Section 3771A of 18 U.S.C.):
Victims (or their attorneys) can file motions to vacate convictions for Level A offenses or expunge arrests for Level A or certain Level C offenses if the crime was directly caused by their trafficking experience.
For Level C arrests, expungement is available only if the person was acquitted, charges were dropped, or reduced to a Level A offense that was later resolved in their favor.
Motions must be written, include evidence (e.g., affidavits from anti-trafficking counselors or clinicians), and describe the offense.
Courts must hold hearings (mandatory if the government opposes; optional otherwise) and decide based on a "preponderance of evidence" standard (more likely than not).
Evidence like sworn statements from service providers is sufficient if credible and no other evidence exists; courts can consider testimony from law enforcement.
No filing fees required; proceedings are confidential and sealed to protect the victim's privacy.
Relief applies retroactively to past, present, or future cases; denials can be appealed, and curable errors allow refiling.
Effects of Relief:
Vacated convictions are treated as if they never occurred, including expunging all related records (arrests, proceedings, outcomes).
Expunged arrests restore the person's pre-arrest status and remove records from official databases.
Courts cannot alter fines or restitution (repayments to victims) as part of this relief.
Sentencing Reductions:
For imprisoned victims of Level A or B offenses, courts can shorten sentences if trafficking caused the crime, considering factors like public safety and sentencing guidelines (18 U.S.C. § 3553(a)).
Human Trafficking Defense (New Section 28 of 18 U.S.C.):
In trials for Level A or B offenses, victims can raise a defense claiming the crime was committed under duress (forced against their will).
If proven by "clear and convincing evidence" (highly probable), it creates a rebuttable presumption (assumption that can be challenged) of duress.
Related court records are sealed until conviction; failed defenses don't bar using trafficking as a mitigating factor (lessening punishment) at sentencing or later appeals.
Doesn't disqualify victims from federal aid programs for trafficking survivors.
Reporting and Training:
U.S. Attorneys must report motions filed in their districts (offense details, responses, outcomes) to the Attorney General within 1 year.
Attorney General reports on U.S. Attorneys' training about trafficking signs within 1 year.
Government Accountability Office (GAO) assesses the law's impact after 3 years, including motion numbers, outcomes, and recommendations for better access to relief and training.
Grant Funding: Offices awarding grants for legal help (e.g., for violence against women) cannot ban using funds for post-conviction relief like vacating records.
Sense of Congress: Acknowledges traffickers' use of forced crimes and commits to ongoing protections for survivors.
Rule of Construction: Ensures the Act doesn't override crime victims' rights (e.g., to be heard in court, under 18 U.S.C. § 3771).

Significant Changes to Existing Law

New Mechanisms: Creates the first federal process specifically for vacating convictions and expunging arrests tied to trafficking victimization, filling a gap in current post-conviction relief laws that don't address trafficking coercion.
Defense Addition: Introduces a statutory "human trafficking defense" with a presumption of duress, expanding beyond general duress defenses in federal criminal law (18 U.S.C. Chapter 1).
Evidence Standards: Lowers barriers by allowing affidavits from non-lawyers (e.g., counselors) as key evidence and mandates sentence reductions as a mitigating factor, unlike prior laws focused only on sentencing guidelines.
Reporting Mandates: Adds requirements for tracking and training, not present in earlier anti-trafficking statutes like the Trafficking Victims Protection Act.
Retroactivity and Accessibility: Applies to old cases and waives fees, broadening access compared to state-level or general expungement laws.

Potential Impacts

On Government Agencies: Federal courts and U.S. Attorneys' offices will handle more motions and hearings, potentially increasing workloads but aided by timelines and seals. The Bureau of Prisons may see sentence reductions, easing prison populations. DOJ gains training mandates and reporting duties to improve trafficking identification.
On Citizens: Survivors can clear records, improving access to employment, education, housing, and benefits; reduces stigma and recidivism risks. However, it doesn't affect state convictions or civil liabilities like restitution.
On International Relations: Minimal direct impact, but strengthens U.S. anti-trafficking efforts, aligning with global commitments (e.g., UN protocols) by supporting victim rehabilitation, which could enhance cooperation with other countries on trafficking cases.
Broader Society: Encourages victim reporting and testimony against traffickers by removing criminal record fears, potentially disrupting trafficking networks. GAO reports could lead to future policy tweaks.

Main Stakeholders Affected

Trafficking Victims/Survivors: Primary beneficiaries, gaining record clearance and defenses to rebuild lives.
Federal Judiciary and Prosecutors: U.S. Attorneys process motions and reports; courts adjudicate with new standards.
Department of Justice (DOJ) and Bureau of Prisons: Handle training, sentence reviews, and oversight.
Anti-Trafficking Organizations and Clinicians: Provide evidence (affidavits) and may access grants for legal aid.
Crime Victims and Advocacy Groups: Protected by explicit rights safeguards, but may oppose relief if it affects restitution or public safety perceptions.
Law Enforcement: Can offer testimony; better training improves early victim identification.

Notable Legal, Constitutional, or Political Implications

Legal Implications: Expands post-conviction remedies under federal habeas corpus-like procedures (28 U.S.C. § 1291 appeals), but limits relief to specific offenses to avoid blanket immunity. The duress presumption shifts some burden to prosecutors, potentially increasing acquittals or pleas in trafficking-related cases.
Constitutional Implications: Upholds due process by requiring hearings and evidence standards; preserves victims' rights under the Crime Victims' Rights Act (18 U.S.C. § 3771), avoiding equal protection challenges. Privacy seals align with First Amendment limits on public access to sensitive records.
Political Implications: Bipartisan (introduced by members from both parties), signals congressional focus on evolving trafficking tactics like "forced criminality." Could inspire state laws or international advocacy, but faces debate over balancing survivor relief with public safety concerns for violent offenses. GAO recommendations may drive future amendments.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Fry, Russell [R-SC-7]

Cosponsors (17)

Rep. Lieu, Ted [D-CA-36], Rep. Wagner, Ann [R-MO-2], Rep. Garcia, Robert [D-CA-42], Rep. Johnson, Henry C. "Hank" [D-GA-4], Rep. Dingell, Debbie [D-MI-6], Rep. Bera, Ami [D-CA-6], Rep. Biggs, Andy [R-AZ-5], Rep. Landsman, Greg [D-OH-1], Rep. Lawler, Michael [R-NY-17], Rep. Sykes, Emilia Strong [D-OH-13], Rep. Donalds, Byron [R-FL-19], Rep. Schmidt, Derek [R-KS-2], Rep. Begich, Nicholas [R-AK-At Large], Rep. Kiley, Kevin [R-CA-3], Rep. Ross, Deborah K. [D-NC-2], Rep. Hunt, Wesley [R-TX-38], Rep. Fitzpatrick, Brian K. [R-PA-1]

Recent Actions

2025-02-14: Referred to the House Committee on the Judiciary.
2025-02-14: Introduced in House
2025-02-14: Introduced in House

Bill Versions

Trafficking Survivors Relief Act of 2025 — issued 2025-02-14 — PDF (19 pages)