Trafficking Survivors Relief Act

Bill Number: H.R. 4323
Origin Chamber: House
Congress: 119th Congress, Session 1
Policy Area: Crime and Law Enforcement
Status: Became Law
Became Law: Public Law 119-73
Latest Action: 2026-01-23: Became Public Law No: 119-73.
Last Updated: 2026-06-02T20:10:32Z

AI-Generated Summary

Purpose of the Legislation

The Trafficking Survivors Relief Act aims to provide federal relief to victims of human trafficking (often called "trafficking survivors") who were arrested or convicted for certain crimes directly resulting from their exploitation. It seeks to vacate (cancel) convictions, expunge (erase) arrest records, allow a legal defense based on trafficking-related duress, and reduce sentences, while ensuring confidentiality and access to support. This addresses how traffickers coerce victims into criminal acts as a form of control.

Key Provisions

Motions to Vacate Convictions or Expunge Arrests (New 18 U.S.C. § 3771A):
Applies to "level A offenses" (non-violent federal crimes, like drug possession or theft) and "level B offenses" (violent federal crimes, excluding those victimizing children).
Victims can file motions to vacate convictions for level A offenses if the crime was a direct result of trafficking.
Arrest records for level A offenses can be expunged if the conduct was trafficking-related.
For level B offenses, arrests can be expunged only if the person was acquitted, charges were dropped or not pursued, or reduced to a level A offense that was later resolved favorably (e.g., acquitted or vacated).
Motions must be written, include evidence (e.g., affidavits from anti-trafficking service providers or clinicians), and are decided by a judge based on a "preponderance of evidence" standard (meaning more likely than not).
Courts must hold hearings if the government opposes the motion (within 15 days) or may hold one otherwise (within 45 days).
If granted, convictions are vacated, records are expunged from official files, and the person's legal status is restored as if the arrest or conviction never happened (though fines or restitution may remain).
No filing fees are required, and all proceedings are confidential (filed under seal, not public).
Applies retroactively to past, present, or future cases; denials can be appealed, and curable errors allow refiling.

Sentence Reductions for Imprisoned Victims:
Courts can shorten prison terms for level A or B offenses if committed due to trafficking, considering factors like public safety and sentencing guidelines (18 U.S.C. § 3553(a)).
Government must investigate the original case before deciding.

Human Trafficking Defense (New 18 U.S.C. § 28):
In trials for level A or B offenses, defendants can claim "duress" (forced action under threat) if they were trafficking victims at the time.
Related court records are sealed until conviction.
Even if the defense fails at trial, it can be raised later for sentencing leniency or post-conviction relief, without disqualifying the person from federal victim aid programs.

Reports and Oversight:
U.S. Attorneys must report to the Attorney General on motions filed in their districts (within 1 year), including offenses, responses, and court outcomes.
Attorney General reports to Congress 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:
Federal grants from the Office of Justice Programs or Office on Violence Against Women can fund legal help for post-conviction relief (e.g., vacating records).

Sense of Congress:
Recognizes traffickers' use of "forced criminality" (coercing victims into crimes) and commits to ongoing anti-trafficking solutions.

Rule of Construction:
Does not override crime victims' rights under existing law (18 U.S.C. § 3771).

Significant Changes to Existing Law

New Mechanisms in Federal Code: Adds sections to Title 18 U.S. Code (crimes and criminal procedure) for trafficking-specific vacatur, expungement, sentence reductions, and a duress defense—none of which existed before for federal trafficking victims.
Retroactive Application: Unlike prior laws focused on state-level or limited relief, this applies to all federal cases before, on, or after enactment.
Evidence Standards: Lowers barriers by allowing affidavits from service providers as sufficient proof if credible and no other evidence exists; previously, proving trafficking links was harder without convictions of traffickers.
Technical Updates: Minor tweaks to the Trafficking Victims Protection Act (22 U.S.C. § 7102) for consistent definitions.
Grant Flexibility: Expands use of existing anti-violence grants to include post-conviction legal aid, which was previously restricted.

Potential Impacts

On Citizens: Trafficking survivors gain easier paths to clear criminal records, reducing barriers to jobs, housing, education, and aid programs. This could help thousands rebuild lives, especially non-violent offenders coerced into crimes like prostitution or drug offenses.
On Government Agencies: Federal courts and U.S. Attorneys' offices face new caseloads for motions and hearings, requiring training on trafficking indicators. The Department of Justice (DOJ) must track data and report, potentially improving anti-trafficking enforcement. No direct international impacts, but it aligns with U.S. global anti-trafficking commitments.
Broader Effects: May reduce prison populations slightly through sentence cuts; encourages victim-centered justice, potentially increasing reporting of trafficking by reducing fear of self-incrimination.

Main Stakeholders Affected

Trafficking Survivors: Primary beneficiaries, especially those with federal records from coerced crimes.
Federal Courts and Judges: Handle motions, hearings, and decisions.
U.S. Attorneys and DOJ: Respond to motions, provide training reports, and investigate cases for sentence reductions.
Anti-Trafficking Organizations and Clinicians: Provide evidence (e.g., affidavits) and legal aid; can access grants for representation.
Crime Victims and Communities: Protected by rights safeguards, but may see reduced sentences for some offenders.
Federal Grant Recipients: Expanded funding options for victim services.

Notable Legal, Constitutional, or Political Implications

Legal: Strengthens due process for victims by allowing retroactive relief and a new duress defense, potentially setting precedents for victim coercion in other crimes. Preponderance standard eases proof burdens compared to "beyond reasonable doubt" in trials. Appeals ensure oversight, but finality of denials limits repeated filings unless new evidence emerges.
Constitutional: Aligns with equal protection and rehabilitation principles by addressing systemic biases against marginalized victims (e.g., immigrants, youth). Confidentiality protects privacy rights but balances with victims' rights under the Crime Victims' Rights Act.
Political: Bipartisan anti-trafficking push; signals congressional priority on modern trafficking tactics like forced criminality. GAO recommendations could lead to future laws improving training and access, fostering a victim-focused criminal justice shift without undermining public safety.

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 (19)

Rep. Wagner, Ann [R-MO-2], Rep. Johnson, Henry C. "Hank" [D-GA-4], Rep. Thompson, Mike [D-CA-4], Rep. Lieu, Ted [D-CA-36], Rep. Owens, Burgess [R-UT-4], Rep. McBride, Sarah [D-DE-At Large], Rep. Kean, Thomas H. [R-NJ-7], Rep. Smith, Christopher H. [R-NJ-4], Rep. Kiley, Kevin [R-CA-3], Rep. Schmidt, Derek [R-KS-2], Rep. Carter, Earl L. "Buddy" [R-GA-1], Rep. Dingell, Debbie [D-MI-6], Rep. Rutherford, John H. [R-FL-5], Rep. Self, Keith [R-TX-3], Rep. Harris, Mark [R-NC-8], Rep. Miller, Max L. [R-OH-7], Rep. García, Jesús G. "Chuy" [D-IL-4], Rep. Vindman, Eugene Simon [D-VA-7], Rep. Landsman, Greg [D-OH-1]

Recent Actions

2026-01-23: Became Public Law No: 119-73.
2026-01-23: Became Public Law No: 119-73.
2026-01-23: Signed by President.
2026-01-23: Signed by President.
2026-01-12: Presented to President.
2026-01-12: Presented to President.
2025-12-19: Message on Senate action sent to the House.
2025-12-18: Passed Senate without amendment by Unanimous Consent. (consideration: CR S8894)
2025-12-18: Passed/agreed to in Senate: Passed Senate without amendment by Unanimous Consent.
2025-12-02: Received in the Senate, read twice.
2025-12-01: Motion to reconsider laid on the table Agreed to without objection.
2025-12-01: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H4919-4921)
2025-12-01: Passed/agreed to in House: On motion to suspend the rules and pass the bill, as amended Agreed to by voice vote. (text: CR H4919-4921)
2025-12-01: DEBATE - The House proceeded with forty minutes of debate on H.R. 4323.
2025-12-01: Considered under suspension of the rules. (consideration: CR H4919-4923)

Bill Versions

Trafficking Survivors Relief Act — issued 2025-12-01 — PDF (20 pages)
Trafficking Survivors Relief Act — issued 2025-12-20 — PDF (8 pages)
Trafficking Survivors Relief Act of 2025 — issued 2025-07-10 — PDF (19 pages)
Trafficking Survivors Relief Act — issued 2025-12-02 — PDF (19 pages)
Trafficking Survivors Relief Act — issued 2025-10-17 — PDF (22 pages)