A new anti-trafficking law that was passed earlier last week could potentially help aid survivors and local organizations.
On Friday, Jan. 23 President Donald Trump passed the bipartisan Trafficking Survivors Relief Act. According to a statement made by the White House, the law establishes a process to allow human trafficking victims to file motions to vacate their convictions and expunge their arrest records for certain criminal offenses committed as a direct result of their being trafficked.
Essentially, the law works to relieve victims of trafficking from certain offenses that come as a result of being trafficked. An example of some of the offenses would be financial fraud, criminal activity involving drugs or possession of false identification. In addition, according to Polaris, a non-profit organization dedicated to eradicating sex and labor trafficking, under the bill survivors convicted of certain violent crimes would be eligible to have their sentences reduced.
While many states already have their own laws that provide a way for trafficking survivors to clear their records, there has not been an opportunity for that under federal law until now.
“Survivors of human trafficking are often compelled to engage in criminal activity,” said Dr. Glenn Harden, who is both a professor and member of the Global Association of Human Trafficking Scholars. “This goes beyond sex trafficking; sometimes, survivors are compelled to participate in gang activity or the production or distribution of drugs. While this law does not enable to vacatur of all offenses – violent felonies, for example, will face higher hurdles – it is certainly a step in the right direction.”
The process of vacatur, which refers to a court order that sets aside or annuls a previous judgement or conviction, that the legislation allows for can be extensive. According to Congresswoman Ann Wagner’s Press Release, 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 they were a victim of human trafficking at the time the offense was committed.
Despite the possibly complex or intimidating judicial process, Dr. Harden explained the positive aspects that arise with the new piece of legislation.
“One particularly encouraging aspect of the law is that the court must take affidavits from anti-human trafficking service providers as conclusive without evidence to the contrary,” said Harden. “This means that vacating offenses does not depend on law enforcement, which can fickle in supporting survivors. The law only applies to federal convictions, but many states already have vacatur laws.”
Although the law is considered an improvement by many anti-trafficking advocates, and an example of bipartisan cooperation on an important issue, advocates would like a federal law to set minimum standards for states in their own vacatur laws, since most human trafficking offenses happen at the state level.
However, for local organizations such as Refuge for Women, a Kentucky faith based non-profit organization that provides specialized emergency housing and long-term care for women who have escaped sex trafficking or exploitation, this law could aid their efforts of helping victims.
“This law will be helpful for anyone who helps survivors navigate criminal convictions,” said Harden. “Organizations like Refuge for Women who work with survivors will have this additional tool. Being able to have federal criminal convictions vacated is an important component in promoting recovery of survivors.”
While legislation, such as the Trafficking Survivors Relief Act, is a tangible way to create change for survivors of anti-trafficking, local organizations still have their own impact. Students interested in participating in anti-trafficking efforts can find resources and volunteer opportunities through Refuge for Women and other local organizations, such as The Well of Lexington.
