Historic Victory: Senate Unanimously Passes Trafficking Survivors Relief Act
After years of advocacy and tireless work by survivors, advocates, and a bipartisan group of lawmakers, the U.S. Senate has unanimously passed the Trafficking Survivors Relief Act, just weeks after the bill cleared the House of Representatives on a voice vote. The bill (H.R. 4323) now awaits President Trump's signature to become law.
For the thousands of trafficking survivors across America who carry criminal records for crimes they were compelled to commit under exploitation, this moment represents nothing less than a pathway to freedom and healing. Gina Cavallo, a survivor-advocate and member of PACT’s Survivors’ Council, said, “This moment reflects the power of persistent advocacy and survivor leadership. The Trafficking Survivors Relief Act is more than a policy win, it marks a meaningful shift toward justice that recognizes harm, restores dignity, and allows survivors to reclaim their futures.”
For too long, there has been a glaring disconnect in our justice system. The vast majority of states have recognized that survivors of human trafficking should not be permanently punished for nonviolent crimes they were forced to commit while being trafficked. These states have enacted vacatur and expungement laws that allow survivors to clear their records and rebuild their lives. Yet at the federal level, no such relief existed—until now.
Federal Law Finally Catches Up to States in Providing Justice for Trafficking Survivors
The Trafficking Survivors Relief Act brings federal law into alignment with the laws in most states, establishing a process for trafficking survivors to vacate federal convictions and expunge arrest records for criminal offenses that directly resulted from or related to their trafficking victimization.
This legislative achievement is the culmination of nearly a decade of determined advocacy. Senator Kirsten Gillibrand (D-NY) first introduced this legislation in 2016 and reintroduced it in every subsequent Congress, most recently alongside Senator Cindy Hyde-Smith (R-MS). In the House, the bill was sponsored by Representative Russell Fry (R-SC) with Representatives Hank Johnson (D-GA) and Ann Wagner (R-MO) as original cosponsors. Their persistence and willingness to work across the aisle, and the support of countless survivors, advocates, and organizations, has finally paid off.
The unanimous passage in both chambers of Congress reflects the broad coalition supporting this legislation. Conservative and progressive organizations alike have supported the bill, including Protect Children from Trafficking (PACT), the Conservative Political Action Conference (CPAC), Faith & Freedom Coalition, Right on Crime, National Center on Sexual Exploitation, American Association of Prosecuting Attorneys, and Moms for America. State attorneys general, including Mississippi Attorney General Lynn Fitch, have also voiced their support. This bipartisan consensus demonstrates a fundamental truth: supporting trafficking survivors and providing them with pathways to healing transcends political divisions. It is simply the right thing to do.
What This Bill Does
The legislation establishes a clear process for vacating convictions and expunging arrest records for certain criminal offenses committed by victims of human trafficking that directly result from or relate to having been a trafficking victim. It carefully defines which offenses are eligible and sets forth procedures for filing a motion.
Importantly, the bill goes beyond simply clearing records. It also:
Allows an individual’s status as a trafficking victim to be considered as a mitigating factor in sentencing
Permits certain grants for legal representation to be used to seek post-conviction relief, ensuring survivors have access to legal assistance
Requires the Government Accountability Office to assess the impact of this process, including tracking how many survivors utilize these provisions
The legislation includes robust protections for survivors throughout the process, ensuring that motions can be filed confidentially and that survivors don’t face additional barriers like filing fees that might prevent them from seeking relief.
Why This Matters
The criminal records that trafficking survivors carry are not marks of criminal intent—they are scars of exploitation. Traffickers systematically force their victims to engage in a wide range of criminal activities: prostitution, drug trafficking, theft, forgery, fraud, and more. When survivors escape these situations, they often face a cruel irony: the very system meant to protect them instead becomes another barrier to their recovery.
A criminal record can make it nearly impossible to secure employment, find housing, access education, or obtain financial services. For trafficking survivors trying to rebuild their lives, these barriers can be insurmountable. Even worse, economic vulnerability can push survivors back into dangerous situations, creating a vicious cycle that leaves them at risk of being re-trafficked.
Senator Hyde-Smith captured this reality perfectly: “Survivors should not spend the rest of their lives being punished for crimes that were tied to their exploitation.” The Trafficking Survivors Relief Act recognizes this fundamental truth and provides a remedy.
A Victim-Centered Approach
What makes this legislation particularly significant is its victim-centered design. Survivors can present evidence from anti-trafficking service providers or clinicians, and courts can grant relief based on the survivor’s own affidavit or testimony. Crucially, it is not necessary for anyone other than the survivor to be convicted or arrested before they can seek relief—recognizing the unfortunate reality that many traffickers are never brought to justice.
This approach acknowledges that survivors are the experts on their own experiences. By allowing their testimony and supporting evidence from service providers to be sufficient for relief, the law removes unnecessary legal hurdles while still maintaining judicial oversight.
The Road Ahead
While the passage of this legislation is cause for celebration, it is also just the beginning. Implementation will be crucial. Federal prosecutors will need enhanced training on indicators of human trafficking. Courts will need to develop efficient processes for handling vacatur and expungement motions. And most importantly, survivors and their advocates will need to be informed about these new rights and how to access them.
Organizations like PACT will play a vital role in this next phase—including by educating survivors about their rights, connecting them with legal representation, and advocating for robust implementation of the law. The Government Accountability Office’s required assessment after three years will help identify gaps and opportunities for improvement.
A New Chapter for Survivors
For trafficking survivors across America, this legislation opens a door that has been closed for far too long. It acknowledges that crimes committed under duress and exploitation are fundamentally different from chosen criminal conduct. It recognizes that true justice requires not just punishing traffickers, but also providing pathways for survivors to reclaim their lives and their dignity.
As Senator Gillibrand noted, this legislation helps “shield trafficking survivors from further undue harm, protecting them from the threat of criminalization, prison sentences, and subsequent problems finding jobs and housing because of nonviolent offenses they committed under duress.”
The unanimous passage of the Trafficking Survivors Relief Act represents a historic moment in the fight against human trafficking and for the rights of survivors. By finally bringing federal law into alignment with state laws, Congress has sent a clear message: survivors deserve not just our compassion, but concrete pathways to justice, healing, and new beginnings.
Now we must ensure this promise becomes reality for every survivor who needs it.
If you or someone you know is a survivor of human trafficking who may benefit from this legislation, or if you would like to support implementation efforts, please contact PACT at info@wearepact.org or visit www.wearepact.org to learn more about resources and support available.